Hotel housekeepers and maintenance workers have tough jobs – they often work long hours, six days a week, cleaning hundreds of hotel rooms. Under the Fair Labor Standards Act, they are considered non-exempt employees, so they should be paid overtime if they work more than 40 hours a week.
But many employers take advantage of low-wage workers and don’t pay them overtime. Hotel employees who are paid incorrectly do have a choice – you can choose to make your employer pay back what you are already owed under the law.
Case in Point - Hotel housekeeper sues Holiday Inn for back wages
Mavis Kemper worked as a housekeeper at the Holiday Inn since 2005 in Long Island, New York. She averaged 45 to 48 hours a week cleaning hundreds of rooms and was paid $9 to $11, but she claims she was never paid overtime.
Kemper said she complained about the issue, but no action was taken to fix the problem.
Kemper chose to take action herself, and filed a wage and hour lawsuit against the Holiday Inn she worked for and now the suit seeks class-action status for around 100 employees. The suit alleges that the hotel failed to pay overtime to any employees who worked over 40 hours a week.
The lawsuit also claims that the hotel failed to provide correct paystubs. Under New York law, employers are fined $100 for every paycheck that is issued without accurate paystubs that detail an employee’s hours and pay rate. These regulations are part of New York’s Wage Theft Prevention Act implemented last year.
New York Hotel employees: Know your rights to overtime pay
Under New York law, Kemper is filing to recover back pay for the last six years. New York imposes stricter wage and hour laws than the federal statute (under the federal wage laws, you can recover up to two years of back pay, or three years for willful violations).
If you are a New York employee at a hotel or restaurant and you believe you were not paid properly for all of your hours worked contact our employment lawyers toll free at 1-888-449-2068 today to start a free case review.