I have worked for the same employer as a bar manager for 13 years. during these years I have been on salary w/o any overtime. my work week is at 50 hours. sometimes more rarely less. In a week I work two 12 hour shifts w/o break one 13 hour shift w/o break and two six and a half hour shifts w/o breaks. I stand in the liqour room to eat and sit for less than 10 minutes at any given part of the day. My management duties ( scheduling, ordering product, inventory, etc.) are all done while I am bartending fitting these things in when I have time. or I will come in early.I bartend 95% of my time and manage only if I come in early. I do recieve tips so i don't know if I am entitled to overtime or not. I know it has taken a lot of years to realize this but we just opened a new restaurant and a I have worked 25 days straight and almost 90 hours this week w/o any overtime compensation. I don't know if it is worth suing I make almost 100k a year. But this company puts people on salary to avoid overtime on a regular basis.

It certainly sounds to me as though you should have been being paid for your overtime all these years since such a small percentage of your time is spent on management duties. You don't need to sue. You may contact your State's Department of Labor and file a wage and hour complaint and for a violation of CA's mandatory rest and meal period laws.

This is not my area of expertise, but my understanding is that a wage claim with DOL cannot go back more then 2-3 years, while a lawsuit can (maybe) go farther back. Perhaps one of the lawyers on the board can give a better answer.

This is not my area of expertise, but my understanding is that a wage claim with DOL cannot go back more then 2-3 years, while a lawsuit can (maybe) go farther back. Perhaps one of the lawyers on the board can give a better answer.


The DOL will go back only two years. It can go back three years, IF they find reason to believe that the employer willfully disregarded employment laws.

My guess (and it is only that, not based upon any case law) is that a lawyer may be able to help go back to the beginning of employment. Considering that employers are not required to keep records of time indefinitely, this could be dicey.

the dlse will go back 3 years

They can go back more than three years if their is fraud involved.Restaurant are notorious for this type bait,and switch.
JoeC