Restaurant Workers as Independent Contractors

An Atlanta-area restaurant company incorrectly classified restaurant workers as independent contractors to avoid paying overtime. The company also required tipped employees to perform cleaning tasks off the clock, failing to record or pay for all time worked. The employer also made illegal deductions from tipped employees’ pay to account for incorrect orders and customer walkouts. These improper deductions brought the hourly wages below the federal minimum wage.

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Residential Care Workers: Automatic Deductions for Meal Breaks

You may be cheated out of overtime if you are a residential or nursing care worker: (1) when not fully paid for all time worked, (2) when meal breaks are automatically deducted from paid time even though the meal break was not taken, (3) when the meal break was a “working lunch or dinner,” (4) when the 30 minute break was interrupted by work activities and then completed.

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Rehabilitation and Nursing Care Workers Owed Overtime

Rehabilitation and Nursing Care workers were owed overtime in a recent settlement: (1) when not fully paid for off the clock work, (2) when overtime was denied because work hours were not totaled from two facilities with a common owner, (3) due to the owner’s failure to include shift differential pay in the Regular Rate when calculating overtime pay, and (4) due to clock rounding errors which regularly shorted employees.

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Nurse Practitioners Misclassified as Independent Contractors

Nurse Practitioners misclassified as independent contractors instead of employees are owed overtime. In a recent settlement, two health care facilities with common ownership also owe overtime to shared employees when the owner failed to add up the total hours worked by each shared employee at both facilities in the same week. Finally, this employer automatically deducted meal breaks from time worked, even when employees worked through meal breaks.

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