Coane & Associates settled claim for overtime pay

A sushi chef in Miami, recently settled his claim for overtime pay. Our client had worked as a sushi chef at Yukihana Japanese Restaurant in Miami. He was paid a salary, but he was working over 40 hours a week. He never received overtime pay.

Many workers believe that, if they receive a salary, they are prohibited from getting overtime pay. Quite simply, that is not true. In fact, even if an employee gets paid with a salary rather than an hourly wage, they could be entitled to overtime pay for hours worked in excess of 40 in a week. The key is whether the employee is administrative, professional,executive or a manager. If the employee does not work in an administrative capacity, or is not a professional, manager or executive, then he could be entitled to overtime pay.

In some cases, it could be argued that a sushi chef or other chef supervises workers and is a manager, therefore not entitling them to overtime pay. And, that is true, that if someone works as a manager and supervises all day, then they may not be entitled to overtime pay. On the other hand, if the majority of the chef’s duties are preparation and cooking, then a case could be made that they are entitled to overtime even though they do some supervision.

In this case, we reached a settlement with the employer, and our sushi chef client received pay for the overtime hours he worked while he was at the restaurant.

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Bruce Coane is a leading lawyer with 30 years of experience in the field of immigration law and employment law. He may be reached via email at houstonlaw@aol.com or his website at Coane and Associates.

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