We Represent Hospitality and Service Workers Denied Fair Pay in Texas and New Mexico

At Bustos Law Firm, P.C., our hospitality service overtime lawyers are experienced advocates for workers in restaurants, hotels, bars, and service-based businesses. Employees in the hospitality industry often work long hours in fast-paced environments, including nights, weekends, and holidays. These workers are essential to the economy across Texas and New Mexico. You deserve to be paid properly for all of your time on the job. If your employer failed to provide overtime compensation, you may have a claim under federal and state law.

Overtime Laws That Apply to Hospitality Workers

Hospitality and service workers are generally protected by the Fair Labor Standards Act. The FLSA requires that non-exempt employees receive overtime pay at one and one-half times their regular rate for all hours worked beyond 40 in a workweek.

Texas follows federal overtime law and does not have a separate overtime statute. New Mexico applies similar standards through its Minimum Wage Act, which may provide broader protections in certain cases.

Employers must prove that a worker qualifies for an exemption from overtime requirements. Most hospitality workers perform non-exempt duties and are entitled to overtime pay.

Call 806-696-8285 to connect for a free consultation with a Hospitality Workers Overtime Lawyer today!

Overtime and Wage Lawyers protecting unpaid wages. Call 806-515-4951 for experienced help with overtime pay violations.

Common Overtime Violations in the Hospitality Industry

The hospitality industry often relies on flexible scheduling and extended hours. This can lead to wage and hour violations if employers fail to follow the law. Examples of common issues include:

  • Not paying overtime for hours worked beyond 40 in a week
  • Requiring employees to work off the clock
  • Failing to pay for time spent preparing or closing a business
  • Improperly applying tip credits or tip pooling arrangements
  • Misclassifying workers to avoid overtime obligations

These practices may violate federal law, even if they are widespread in the industry.

Tip Credits and Overtime Pay

Many hospitality workers earn tips as part of their compensation. Employers may take a tip credit toward minimum wage, but strict rules apply. When calculating overtime, the employer must use the full minimum wage rate, not just the reduced cash wage paid to tipped employees. Improper calculations can result in underpaid overtime wages.

If tip credits or tip pooling arrangements are handled incorrectly, workers may be entitled to recover unpaid wages.

Off-the-Clock Work in Restaurants and Hotels

Hospitality employees frequently perform tasks outside of scheduled shifts. Under federal law, employers must pay for all hours that employees are suffered or permitted to work. This may include:

  • Setting up or cleaning before and after shifts
  • Attending required meetings or training sessions
  • Completing side work related to customer service
  • Waiting for assignments or customers during a shift

If this time is not properly compensated, it may contribute to unpaid overtime violations.

Compensation for Unpaid Overtime Claims

Workers who are denied proper overtime wages may pursue compensation under federal and applicable state law. These claims can result in meaningful financial recovery. Potential damages include:

  • Unpaid overtime wages for all qualifying hours worked
  • Liquidated damages equal to unpaid wages
  • Attorneys’ fees and litigation costs under 29 U.S.C. § 216(b)

These remedies are intended to ensure that workers receive full compensation and that employers comply with wage laws.

Hospitality Work Across Texas and New Mexico

Tourism and service industries are significant parts of the economies in Texas and New Mexico. Cities such as Austin, San Antonio, Santa Fe, and Albuquerque rely heavily on hospitality workers to support restaurants, hotels, and entertainment venues. Employees in this industry often work irregular hours and may exceed 40 hours in a workweek, especially during peak seasons. Employers must comply with overtime laws regardless of business demand. In New Mexico, state law may provide additional protections depending on the circumstances.

Call 806-696-8285 to connect for a free consultation with a Hospitality Workers Overtime Lawyer today!

Frequently Asked Questions for a Manufacturing & Industrial Worker Overtime Lawyer

Q. Are hospitality workers entitled to overtime pay?

A. Yes. Most hospitality and service workers are non-exempt employees and must be paid overtime for hours worked beyond 40 in a workweek under the FLSA.

Q. How does the tip credit affect overtime pay?

A. Overtime must be calculated based on the full minimum wage, not the reduced tipped wage. Improper calculations may result in unpaid wages.

Q. Do I get paid for time spent setting up or closing?

A. Yes. Work performed before or after a shift is generally compensable and must be included in total hours worked.

Q. Can my employer require me to work off the clock?

A. No. Employers must pay for all hours worked, including tasks performed outside scheduled shifts.

Q. How long do I have to file an overtime claim?

A. Workers can typically recover unpaid wages for up to two years, or three years for willful violations.

Contact Our Hospitality Service Overtime Lawyer Today

At Bustos Law Firm, P.C., our overtime wage and hour lawyers for the hospitality service industry are committed to protecting workers across Texas and New Mexico. If your employer failed to pay you the full overtime wages that you earned, you have the right to pursue compensation. Call 806-696-8285 or contact us online to schedule a free, confidential consultation.

Call 806-696-8285 to connect for a free consultation with a Hospitality Workers Overtime Lawyer today!