Service Industry Employees

Employees who work in a service-oriented industry are generally entitled to the following:

  • Daily overtime (time and a half for all hours in excess of eight in one workday and double time for all hours in excess of twelve in one workday)
  • Compensation for most pre-shift and post-shift duties at the employee's regular rate of pay (Refer to unpaid wages)
  • Split-shift premiums (one additional hour of pay at the minimum wage for every workday a split-shift is worked)
  • Rest breaks and lunch breaks (depending on the number of hours worked)
  • Penalties for not being provided lawful rest breaks and lunches
  • Penalties for not being provided properly itemized wage statements
  • Reporting time pay for showing up for work, but being sent home
  • Where a tip-pooling policy exists, employees must not share their tips with supervisors, managers, owners or any employee who does not provide direct service to patrons or customers

Reimbursement of costs (Employees must not be required or permitted to pay for costs which the employer incurs, such as paying for “walk outs,” credit card processing fees, uniforms, and the like).