My son just started a job in New York City as a backup bartender. He gets tips so gets sub minimum wage (I think $3.95 hour) He just worked 80 hours in one week and was told he would get no overtime because they "do overtime only if more than 80 hours in two weeks". Seems wrong to me.


Questions: Is he covered by overtime regs even though he is NOT subject to minimum wage regs?
Does he get overtime for the extra 40 hours?
If so, is it 1 1/2 of his pay or of the minimum wage?

Thanks for any help.

If he works over 40 hours in a workweek (the 7 consecutive day period defined by the employer) he must be paid overtime pay. No exceptions for an employee performing nonexempt duties, such as your son.

Determining overtime hours by pay period is a violation of federal and state (all states) law. The overtime must be calculated using, at least, the full minimum wage of $6.00/hr in New York. He is not exempt because he is a tipped employee. For his regular hours, his hourly rate plus his declared tips must equal at least $6.00/hr for the first 40 hours in a workweek. If he does not make enough tips to do so, the employer must make up the difference.

He can file a claim for unpaid overtime with the state Dept. of Labor.