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Unpaid Wages / Overtime in restaurant — What Are My Options?

Started by first_time_worker_help · Oct 24, 2024 · 816 views · 17 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
FT
first_time_worker_help OP

Quick background on my situation — any input appreciated.

gig company reclassifying workers. I've been dealing with this for about 4 weeks now and the situation isn't improving.

I have worked at this company for 10 years. My position is non-exempt and I do not have a written employment agreement beyond the standard offer letter.

Has anyone been through something similar? What worked for you?

CI
confused_investor_NY

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

VA
VCAnalyst_SF

Been there. Here's what I learned.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

CD
confused_dev_CO

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

FT
first_time_dev_NC

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

PN
Photographer_NYC

Not a lawyer, but I have direct experience with this.

I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.

SA
seeking_advice_buyer_OH

Have you tried reaching out to your state's attorney general? They sometimes have free resources or mediation services.

NC
newbie_creator_2026

NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.

AF
asking_for_friend_dev_2023

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

WC
worried_contractor_NY

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

NH
need_help_employee_FL

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

OD
OpenSourceLawyer_Dan

I've dealt with this before.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

WS
worried_seller_MA

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

NH
need_help_business_owner_legal

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

FW
frustrated_worker_today

NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.

EM
EmploymentLaw_Mike Attorney

I practice in this area. Here's my take on the legal issues.

The legal framework here involves both federal and state law. At the federal level, the FMLA. Your state may provide additional protections.

I'd recommend documenting everything in writing from this point forward. Keep copies of all communications.

VA
VCAnalyst_SF

Not a lawyer, but I have direct experience with this.

In my case, it took about 3-6 months to resolve. The key was having everything documented.

DS
DevOps_Seattle

I've dealt with this before.

In my case, it took about 3-6 months to resolve. The key was having everything documented.

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