Queens, New York - Restaurant Overtime

With nearly 2.3 million people, if considered a city of its own, the New York borough of Queens would be one of the largest cities in America. As one of the five boroughs, Queens is a vital component of the city of New York. While the modern history of Queens dates back to the early 1600s, Queens today continues to support a large immigrant population, making Queens one of the most diverse areas in the world. Home to the New York Mets, the U.S. Open tennis tournament, miles of beaches, and two of New York City’s international airports, Queens is a vibrant borough that epitomizes all that is New York City.

If you live or work in Queens and believe that your employer has violated the law, you should contact the Law Offices of Friedman & Houlding LLP. For over 20 years, we have represented employees in Queens and throughout New York in claims against their employers. We have successfully represented restaurant workers and many other employees in claims of harassment, discrimination, failure to pay overtime, and other wage-and-hour violations. We have represented clients in federal and state courts throughout New York, as well as before the New York Department of Labor and the New York Division of Human Rights.

While each employer is different, as a whole the restaurant industry has a long history of failing to pay overtime and failing to comply with other wage-and-hour laws. Because of high turnover and relatively low hourly pay in the restaurant industry, many restaurant employers attempt to use their leverage to avoid paying their workers fairly.

Under New York and federal law, overtime pay is due to restaurant employees for those hours worked above 40 in a given week. Overtime pay means time-and-a-half, or 150% of the normal hourly rate of pay for those overtime hours worked. Regardless of whether you are paid twice a month or on a daily basis, the overtime you are due is based on the number of hours you worked in a week.

For restaurant and hospitality workers, New York also has what is called “spread of hours” pay. Many restaurant employees work long days, often with a break in the middle, so that they can service both a lunch shift and a dinner shift. In many cases, this means that the employee begins work at, for example, 11:00 a.m., and leaves work at 11:00 p.m. The employee is not working all 12 hours, but has a break in the middle – say from 2:00 p.m. to 5:00 p.m. – but in this example works a “spread of hours” of 12 hours. In New York, restaurant workers are entitled to an additional hour of “spread of hours” pay for any spread of hours exceeding 10 hours in a day at the worker’s regular pay rate. This rule applies no matter how much the worker earns as an hourly wage.

If you believe you may have a claim for unpaid overtime or other wage law violations, you should seek the advice of an experienced Queens overtime law attorney. At the Law Offices of Friedman & Houlding LLP, we have over 20 years of experience in New York employment law, and our attorneys have worked in a wide range of employment lawsuits, including wage-and-hour claims. We only represent employees, never employers, and your case will receive personal attention a seasoned New York employment law attorney. For a free confidential consultation, call our office today at (888) 369-1119.