Is it true that if you work in the food buisness as a part-time employee, you do not get paid overtime?

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Is it true that if you work in the food buisness as a part-time employee, you do not get paid overtime?

My boss just told me that no matter how many hours you work that you will only get paid for those hours no overtime. So if I work 50 hours a week they will all be at minimum wadge. She said that she could do this because she was in the food business. And food businesses (such as her cafe) have different laws.

Asked on January 12, 2012 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your boss is wrong. Any non-exempt employee--which includes all hourly employees--who work more than 40 hours in a single work week must be paid time-and-half (overtime) for all hours over 40. If you boss does not pay you, you could sue for the money and additional damages; while there are exceptions to overtime, there is no general food business exception.

If you are in a tipped position (e.g. a waiter/waitress), your boss may be entitled to credit your tips against your wages and pay you less than minimum wage; that's the main exception to the wage and hour laws for the food industry and cafes.


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