- New Jersey Sexual Harassment Lawyer
- New Jersey Retaliation Lawyer
- New Jersey Family and Medical Leave Lawyer
- New Jersey Hostile Work Environment Lawyer
- New Jersey Equal Pay Lawyer
- New Jersey Employment Discrimination Lawyer
- New Jersey Unpaid Overtime or Wages Lawyer
- New Jersey Severance and Separation Lawyer
- New Jersey Whistleblower Retaliation Lawyer
- New Jersey Wrongful Termination Lawyer
- New Jersey Contract Review and Negotiation Attorney
UNPAID
RESTAURANT AND SERVICE INDUSTRY EMPLOYEES ARE OFTEN SUBJECT TO WAGE AND HOUR VIOLATIONS.
Restaurant workers and service industry employees are often subject to wage and hour violations by their employers. Most employees who are tipped receive less than $8.44, which is the standard minimum wage amount in New Jersey. On a federal level, employers in New Jersey must comply with the guidelines and regulations of the Fair Labor and Standards Act (FLSA). They must also engage in business practices that are consistent with the regulations contained in the applicable New Jersey statute N.J.S.A. 34:11-56a et seq. If you believe that your employer has violated a wage provision of the FLSA, consult with a Paramus restaurant workers’ unpaid wages attorney at the Law Office of Usmaan Sleemi to receive an honest assessment of your potential claim.
COMMON EMPLOYER WAGE LAW VIOLATIONS
Often times, wage law violations by employers can easily fly under the radar. If employees are not aware of their legal rights in the workplace, they may let unfair business practices slide because they do not know any better. Wage theft happens in many forms across New Jersey, from restaurants to golf courses to other service industry businesses. Our Paramus employment lawyers help employees understand their rights when employers fail to provide fair pay. Some common employer wage law violations include:
- Failure to compensate employees for all hours worked
- Taking tips from employees other than those directed by a tip polling policy whereas employees may be required to share tips with other service workers in the company
- Failure to pay for employee uniforms that contain a company logo or cannot be worn as street wear
- Calculating minimum wage using the federal standard ($7.25) rather than the New Jersey standard ($8.44) which was put into effect in January 2017
- Miscalculating overtime pay ($8.44 x 1.5)
- Claiming tip credits than exceed $6.31
- Failure to provide notice to employees of tip pooling and tip credit deduction policies
Our law firm represents workers throughout Bergen County who experience wage theft and other employment law violations. Restaurant and service industry workers deserve to be treated fairly and receive full compensation for their work. When employers violate New Jersey wage and hour laws, we help workers take action to hold employers accountable. Our Paramus employment lawyers have extensive experience handling wage claims for tipped employees across Paramus, NJ, and the surrounding areas.
Understanding Workplace Protections for Restaurant Workers
Restaurant employees face unique challenges in the workplace beyond just wage issues. Employment discrimination can affect workers based on race, age, gender, religion, disability, or other protected characteristics. Sexual harassment is unfortunately common in restaurant environments where employees work in close quarters and deal with customers. New Jersey law provides strong protections against these violations, and workers have the right to work in environments free from harassment and discrimination.
Our employment lawyers handle cases involving sexual harassment, workplace misconduct, and discriminatory practices throughout Bergen County. Employees should not have to endure harassment or unfair treatment as part of their job duties. Federal and New Jersey employment law protect employees from many forms of illegal workplace conduct. If you experience sexual harassment or discrimination, contact our law firm to discuss your options for holding employers accountable.
Retaliation is another serious issue for restaurant workers. Employees who complain about wage violations, sexual harassment, or other problems may face punishment from their employers. The Conscientious Employee Protection Act (CEPA) protects New Jersey workers who engage in legally protected activities like reporting workplace misconduct. Retaliation claims arise when employers fire, demote, or otherwise punish employees for speaking up. Our Paramus employment lawyers represent workers who face retaliation for doing the right thing.
WHAT IS THE POLICY FOR TIP POOLING AND DUAL JOBS?
The practice of tip pooling, or tip sharing, is legal so long as tips are shared with employees who customarily and regularly receive tips. Employees must be given notice of a tip pooling arrangement before it can be implemented as part of employment. A valid tip pool policy does not involve tip sharing with workers such as dishwashers, janitors, chefs, managers, etc. because these types of jobs do not ordinarily receive tips. In the restaurant business, these types of employees would include:
- Waiters
- Waitresses
- Bussers
- Bartenders
- Bellhops
There are instances where tipped employees are expected to complete a dual job or a side job as part of their employment duties. Federal law dictates that if side jobs take up more than 20% of an employee’s time, then the tip credit will only apply to hours worked in the tipped occupation.
HOW ARE WAGES CALCULATED FOR RESTAURANT WORKERS IN NEW JERSEY?
New Jersey law defines a “tipped employee” as someone who regularly and customarily receives more than $30 per month in tips. As previously stated, the standard minimum wage for employees in New Jersey is $8.44. New Jersey, along with 25 other states, implements a policy whereby employers must pay tipped employees a minimum cash wage above the minimum cash wage that is required by the FLSA. Thus, employers in New Jersey can pay their employees a minimum of $2.13 per hour so long as employees are being paid $8.44 an hour in tips. Employers can claim a maximum of $6.31 per hour in tip credits, which is the difference between $8.44 and $2.13. Employers must provide employees with notice if they intend to claim tip credits.
If an employer fails to provide employees with information regarding tip credits pursuant to the Fair Labor Standards Act (FLSA) Section 3(m), then employees must be paid at least $8.44 per hour in addition to allowing employees to keep all tips received.
Employment Law Services for Restaurant and Service Workers
Our employment lawyers provide comprehensive legal services to restaurant workers, golf courses staff, and other service industry employees throughout Paramus, NJ and Bergen County. We handle all types of employment cases, from wage and hour violations to wrongful termination to employment discrimination. Our law firm understands the specific challenges facing service industry workers and knows how to protect their rights under New Jersey and federal employment law.
Employment contracts are important for restaurant workers to understand. Some employers require employees to sign agreements that include tip pooling policies, severance terms, or other conditions. Our Paramus employment lawyers review employment contracts and other agreements to ensure workers know what they’re signing. We also help with contract negotiations and disputes when employers fail to honor their agreements. Employment related matters can be complex, and having experienced attorneys on your side makes a difference.
Wrongful termination affects many restaurant workers across NJ. Employees cannot be terminated for illegal reasons such as discrimination, retaliation, or refusing to engage in illegal activities. If you’ve been fired unfairly, our employment lawyers can evaluate your case and help you pursue claims against your employer. We handle wrongful termination cases in court, through mediation, and in other settings throughout Bergen County and New Jersey.
Resolving Employment Disputes in Paramus and Bergen County
Our law firm helps resolve employment disputes for restaurant and service industry workers across Paramus and Bergen County. Employment disputes can involve wage issues, discrimination, harassment, retaliation, or other violations. We work with clients to find the best approach for their situation, whether through negotiation, mediation, or litigation. Our skilled attorneys have the knowledge and experience to handle disputes at every stage.
Many employment disputes can be resolved without going to court, saving time and money for everyone involved. However, some employers refuse to do what’s right, and that’s when having experienced litigation attorneys becomes important. Our Paramus employment lawyers represent clients in court when necessary to protect their rights and recover the compensation they deserve. We handle cases in both state and federal court throughout New Jersey.
The investigation process is important in employment cases. Our attorneys gather evidence, interview witnesses, and build strong cases for our clients. We know what evidence is needed to prove wage theft, discrimination, sexual harassment, and other violations. Our law firm takes time to thoroughly investigate each case before deciding on the best strategy. This preparation helps us achieve better results for our clients.
Frequently Asked Questions About Restaurant Worker Rights
Can My Employer Take My Tips?
No. Under New Jersey law, tips belong to the employees who earn them. Employers can implement valid tip pooling policies where tips are shared among workers who customarily receive tips, such as waiters, bartenders, and bussers. However, employers cannot take tips for themselves or share them with managers or workers who don’t normally receive tips. If your employer is taking your tips illegally, contact our Paramus employment lawyers to discuss your options.
What Should I Do If I’m Not Getting Paid Overtime?
Restaurant workers in New Jersey are entitled to pay overtime at time-and-a-half for hours worked over 40 in a week. If your employer isn’t paying you properly, keep detailed records of all hours worked and contact an employment lawyer. Our law firm can help you file a wage claim to recover unpaid overtime plus additional damages. New Jersey wage and hour regulations require employers to pay overtime, and we help workers hold employers accountable for violations.
Am I Protected If I Report Sexual Harassment?
Yes. The Conscientious Employee Protection Act and other New Jersey laws protect employees who report sexual harassment or other workplace misconduct. Your employer cannot fire you, reduce your hours, cut your salary, or punish you in other ways for reporting harassment. If you face retaliation after reporting workplace misconduct, contact our employment lawyers immediately. We handle retaliation claims and help workers protect their rights throughout Paramus, NJ, and Bergen County.
PARAMUS, NEW JERSEY RESTAURANT WORKERS UNPAID WAGES ATTORNEY
Restaurant employees whose employers are in violation of state and federal wage laws can find themselves caught between a rock and a hard place if their wages are mishandled. Some restaurants do not have formal human resources departments, which can make it difficult for employees to know where to go to file claims. Filing a wage violation claim can be a complicated and tedious process. Retaining legal services from a skilled Paramus, New Jersey employment lawyer can help save you time and money, and you can be placed in a better position to be justly compensated for your financial losses.
You deserve to be properly paid for the work you have completed without feeling like you were taken advantage of or cheated. It is an employer’s job to comply with all state and federal regulations regarding employee wages. A Paramus, New Jersey, restaurant workers’ unpaid wages attorney at the Law Office of Usmaan Sleemi is here to help. If you believe that your employer engaged in state and/or federal wage violations, call the Law Office of Usmaan Sleemi today at (201) 345-3446 and schedule a free and confidential consultation.