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.
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.