In my restaurant, managers or the owner are taking tips or are part of the tip pool. Is that legal?

No, the law here is very clear. Managers and owners may not keep employees’ tips or participate in a tip pool. The only time a manager or owner can keep tips is if they directly and solely provide the service to the customer, such as when a bar manager works the bar alone. Managers and owners may never receive tips from a tip pool.

My boss is asking me to work my training shifts unpaid. Is that legal?

Staging, “stagiare,” or unpaid training shifts are very common in the restaurant industry, but they are 100% illegal. If you’re required to participate in a training shift, it counts as work, and you need to be paid for it.

My wages/tips are being stolen by the boss. How can I get help getting them back?

The federal government and most states have Departments of Labor with “wage and hours” divisions that are responsible for protecting workers from wage theft.

Whether you go the legal route or not, the best way to win what you’re owed and protect yourself from retaliation is by organizing together with your coworkers. If you’re being taken advantage of, there’s a good chance you’re not alone. If you need help figuring out how to organize around wage theft, contact us here.

I’m being sexually harrassed by a manager, boss, or coworker, and nothing is being done about it. How can I make this stop?

It’s wrong and illegal for a superior or coworker to sexually harass you at work. Just as with other cases of discrimination and unfair treatment, one of the best ways to get justice and protect yourself from retaliation is to organize together with your coworkers. We’re stronger together than we are alone. If you need help figuring out how to organize to stop sexual harassment, contact us here.

If you want to take legal action as well, you should begin by getting in touch with an employment attorney. The process typically begins by filing a claim with the Equal Employment Opportunity Commission, and may then proceed to a lawsuit.

My restaurant doesn’t offer health insurance or other benefits. Is that allowed?

Under the Affordable Care Act, businesses with 50 or more full-time employees are required to provide health insurance to their workers who work 30 or more hours per week. This is the case even if those employees are spread out across multiple locations, or are part of a group of restaurants with the same owner(s).

Jobs with decent benefits like health insurance can be hard to find in our industry, which is one of the many reasons we decided to organize our union. If you and your coworkers are looking for help organizing to win usable health insurance, get in touch with us here.

I’m working more than 40 hours a week, but there hasn’t been any change in my pay. Do I deserve overtime?

The vast majority of restaurant workers qualify for overtime pay under federal and state laws. If you work more than 40 hours a week, even if it’s at multiple locations or restaurants with the same owner, you are owed time-and-a-half pay (1.5x your normal salary) for every hour worked beyond the standard 40 hours.

There are a few, specific exemptions for workers whose jobs are primarily “executive, administrative, or professional,” such as upper-level managers. These “white collar” workers must be paid at least $684 a week in salary or $27.63 an hour. If both these conditions aren’t met, even managers are eligible for overtime pay.