What labor laws affect restaurant scheduling?
Federal laws
The Fair Labor Standards Act (FLSA) sets federal minimum wage, overtime, and recordkeeping rules. It requires overtime pay for non-exempt employees after 40 hours in a workweek. It does not require meal or rest breaks, but if you provide them, short breaks (usually under 20 minutes) must be paid.
The FLSA also restricts child labor for workers under 18, limiting hours and tasks. For example, 14- and 15-year-olds can only work certain hours and not in hazardous jobs like cooking on open flames.
- Overtime after 40 hours in a workweek for non-exempt staff.
- No federal requirement for meal or rest breaks.
- Child labor rules limit hours and duties for under 18.
- Recordkeeping of hours and wages is mandatory.
State and local laws
Many states have their own wage and hour laws that are stricter than federal. For example, California requires overtime after 8 hours in a day and provides meal and rest breaks. Some cities have predictive scheduling laws that require advance notice of schedules and extra pay for last-minute changes.
Predictive scheduling laws typically apply to certain sizes of businesses and require good-faith estimates of hours, right to rest between shifts, and penalties for schedule changes. Check your state and city for specifics.
Common mistakes
- Assuming federal law overrides state law; the stricter law usually applies.
- Ignoring predictive scheduling ordinances in cities like New York, Seattle, or San Francisco.
- Not paying for short breaks or incorrectly deducting meal periods.
