Restaurant Workers, Overtime, and Undocumented Workers

If you work at a restaurant or bar in Massachusetts, are an undocumented worker, illegal immigrant, and are not happy with the way your employer has treated you – call us now. Restaurants often pay undocumented workers in Massachusetts in cash, and are misclassifying their workers as “independent contractors,” even though in the eyes of the MA Wage Act, you are an employee. Your immigration status is completely irrelevant; if you are an employee, and not exempt for some reason, you are entitled to overtime pay for every hour you work over 40 hours each week.

Most lawyers misunderstand the current state of overtime pay for restaurant workers – while Massachusetts state law may have an exemption, the federal component does not.  So, most restaurants must pay you at an overtime rate for all overtime wages.

You May be Entitled to three times your damages:

  • Are you an undocumented worker, an illegal immigrant, working in Massachusetts?
  • Do you work over forty (40) hours each week, but are not paid extra for overtime?
  • Do you work long hours?
  • Do you receive a 1099 from your employer?
  • Does your employer not take taxes our of your pay, or are you paid “under-the-table”?
  • Are tips added to each check, but you don’t get your share?
  • Are you required to pool or share tips with management? With the company? With other non-servers?