Do restaurants have to pay time and a half? if so and ther not what should i do?

Question

were do i file ?what is the law?

Answer 1

Only if they state they do in their policy

Answer 2

Restaurants are bound to the same labour laws as other businesses.  There should be several posters or a Federal/State 4-in-1 in your restaurant in a place that can be viewed by all employees.  

Yes, restaurants are to follow federal over-time laws.  I would immediately contact your local labour board and inform them of this discrepancy.  Have documentation to verify the issue.  It is illegal for your employer to retaliate your contacting the labour board, and if they should harass you later by cutting your hours, suddenly giving you poor reviews or demoting you, etc..

Servers are to receive over-time, as well.

Answer 3

There are state and federal laws governing this.

There is required to be, by Federal law, a rather large poster somewhere in the workplace stating the wage laws in language anyone can understand.

(I believe restaurants are 48 hours in a week.)

Once you find out what the laws are in your state, then you can file a complaint with the NLRB (National Labor Relations Board) if they are a national chain store, or state employment office (if a franchisee).

Answer 4

Call the labor board and explain your situation and they will take care of it fast and if entitled you will get your back pay within 2 weeks