Labor Issue

Discussion in 'Community Discussion' started by bigMAC28, Oct 14, 2012.

  1. bigMAC28 macrumors member

    Apr 16, 2012
    Hey guys, so I work at a restaurant as a host in Illinois. Saturday I am being forced to work a double which is going to consist of a 14 hour shift at 9.60/hr for the first 6-7 and 6.50+tips the rest of the way. I probably wont get a break seeing that the last 2 weeks have been really busy on Saturdays. I was wondering how illegal is it and how much trouble the restaurant can get in if I report them? I probably have to work it or get fired too btw.

  2. filmbuff macrumors 6502a


    Jan 5, 2011
    Well if you did report them, and it actually went anywhere, they probably could get into some trouble. I doubt you would get any money or anything, probably just lose your job. They are supposed to give you a 30 minute break for every 6 hours of work.

    I take it you're in high school or something and don't actually need the money? This sort of thing is way more common than it should be and most people just suck it up. You're going to have to learn to deal with the occasional illegal practice if you ever want to hold a job and/or be successful (that's just how it is). At least you're getting paid pretty well for it.
  3. Liquorpuki macrumors 68020


    Jun 18, 2009
    City of Angels
    Check your state's labor laws. Fish around this site.

    I don't know how Illinois is but if it's like California, it's probably legal for them to force you to work OT, but illegal for them to not give you breaks. No clue about only paying you tips though
  4. Tomorrow macrumors 604


    Mar 2, 2008
    Always a day away
    I've never heard of a state where it's against the law to be made to work overtime. Could happen, though.

    I think breaks are the big issue. With a 14-hour shift, they should at least give you a lunch break in there.
  5. splitpea macrumors 6502a

    Oct 21, 2009
    Among the starlings
    I thought hourly workers are also supposed to get paid time and a half for overtime?
  6. colourfastt macrumors 6502a


    Apr 7, 2009
    Time and a half for all hours WORKED in excess in a defined 40 hour workweek for non-exempt workers. Hourly and salary are merely pay methods and do not, in and of themselves, determine whether or not an employee is entitled to overtime pay. To the OP, unlike the majority of the states, Illinois does have a requirement for breaks: at least 20 minutes if working a shift of more than 7.5 hours.
  7. joec1101 macrumors 6502a

    Jun 29, 2010
    So Cal, USA
    This varies in different states. Some require OT to be paid if the employee works more than 8 hours in a day, regardless of the weekly total; some only mandate that OT is anything over 40 hours per week, regardless of the amount of hours worked in one day. Also, restaurant employees in some states have different minimum wages and so forth, so:

    You *really* need to check with your state's labor dept. to find out how this works in your state.

    Call them and tell them specifically what hours you are going to work and ask if it is legal or not.
  8. colourfastt macrumors 6502a


    Apr 7, 2009
    The only states with a daily OT regulation are Alaska, California (of course), Colorado, and Nevada. The OP stated this is an Illinois issue, so that's what I based my answer on.

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