Whether deliberate or accidental, employers in the hospitality industry often violate wage and hour laws. This results in servers, bartenders, cooks, hostesses, and dishwashers being potentially owed additional compensation. To make matters worse, the Department of Labor (DOL) is also cracking down on restaurants that violate these laws. In the first part of this article, a wage dispute lawyer in Tampa discussed several common ways that an employer violates these laws. In this part, we will offer advice for both employers and employees on ways they can mitigate these issues from occurring at their workplace.
How Are Hours Tracked?
Every type of business should have a reliable system to record and track hours. If a restaurant is performing tasks in an antiquated way (i.e., tracking hours by hand), they are only increasing the likelihood that a mistake will occur. Similarly, employees should always keep track of their hours to ensure they are being paid what they are owed.
Although accurately tracking hours is always important for any business, an automated system can also store all of this important information. For employers, this allows them access to records at their convenience. For employees, this gives them a chance to observe the tracking system and ensure that they are being paid accurately. Of course, if the employer is still breaking the law, the employee can consult an attorney about filing a claim.
Is the Workplace Educated?
Disputes between an employer and an employee often occur because the employer failed to communicate with their workforce regarding company policy. Whether there was no documentation system in place or the employer failed to educate their staff on the rules and requirements of the position, the end result is that an avoidable dispute occurred. Employers need to outline their expectations for an employee via a handbook and employees should have a firm understanding of the rules and requirements of their position including calling off of work, break times, and attendance policies, among other rules. When employees aren’t provided with a reliable management system, they may be tempted to speak with a wage dispute lawyer in Tampa.
Do You Understand Employee Classifications?
Employee misclassification is a very common problem in the hospitality industry and both employers and employees need to educate themselves on the laws within the Fair Labor Standards Act (FLSA). Employers that consider non-management level employees as exempt from overtime or employees that are misclassified as independent contractors are two examples of how businesses can try to manipulate the system to save money on payroll and taxes. If employers try to cut corners, an employee may have a valid claim to file in a wage dispute case.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.