“No Overtime for Salaried Employees?” – Recovering Stolen Wages for a Restaurant Chef
“My boss says I’m a ‘Manager,’ so I don’t get overtime. Is that true?”
Client A was a “Head Chef” at a busy restaurant in New Jersey. He worked tirelessly from 10 AM to 10 PM, 6 days a week—over 60 hours in total. Despite the grueling schedule, he took pride in his title. However, the problem was his paycheck. His employer claimed that because Client A was a “Salaried Employee,” he was exempt from overtime pay, regardless of the 20+ extra hours he worked each week. When Client A raised the issue, the owner dismissed him, saying, “You are management; you don’t get overtime.”
Song Law Firm’s Legal Analysis: Duties Matter More Than Titles
This is a common misconception among both employers and employees. Under the FLSA (Fair Labor Standards Act), simply receiving a salary does not automatically make an employee “Exempt” from overtime.
The Labor Law Team at Song Law Firm conducted a deep dive into Client A’s actual daily duties. We discovered that while his title was “Head Chef,” he had no authority to hire or fire staff, and he had very limited input on the menu or business operations. In reality, 90% of his time was spent cooking on the line and cleaning—manual labor, not management. We successfully argued that he was a Non-Exempt Employee entitled to overtime pay under the law.
The Result: 100% Recovery of Back Wages + Damages
Our attorneys dismantled the employer’s defense through aggressive negotiation and evidence presentation.
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Result 1: Full recovery of unpaid Overtime Pay for the past 2 years.
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Result 2: Secured an additional amount equal to the unpaid wages as “Liquidated Damages.”
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Result 3: The employer agreed to pay all of the client’s attorney fees as part of the settlement.
Even if you are on a salary, if your primary duty is manual or service work, you may be entitled to overtime. Song Law Firm will fight for the pay you earned.
[Contact Us]
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KakaoTalk Channel: Song Law Firm
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Phone: 201-461-0031
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Email: mail@songlawfirm.com
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Website: www.songlawfirm.com
Disclaimer: Prior results do not guarantee a similar outcome. This content is for informational purposes only and does not constitute legal advice. Please consult with an attorney regarding your specific situation.
