Hotel Worker Unpaid Wage Lawsuits

Attorneys working with ClassAction.org are looking into whether class action lawsuits can be filed on behalf of hotel workers in California and New Jersey who may have been denied proper wages.

Specifically, the attorneys believe front desk employees, housekeeping staff and others may have been illegally required to work off the clock or during breaks without pay. Federal and state labor laws require that covered employees be paid for all hours worked, including before and after their scheduled shifts and during breaks when they’re not completely off duty.

The attorneys are also looking into whether workers were paid at the proper overtime rates. When a covered employee puts in more than 40 hours a week, even if it’s off the clock, they must be paid one-and-a-half times their regular pay rate, including certain premium pay like shift differentials, for their overtime hours. In California, the rules are even more strict in favor of employees.

A lawsuit may be able to help hotel workers get back any unpaid wages they may be owed.

Laws About Overtime, Shift Differentials, Off-the-Clock Work

The federal Fair Labor Standards Act (FLSA) provides that covered employees must be paid for all hours they are “suffered or permitted” to work, and a workday is typically defined as the time between when an employee begins their first “principal activity” (i.e., any tasks necessary for the performance of their job) and their last principal activity. In other words, the FLSA generally requires that workers be paid even for time spent working before or after their scheduled shift.

When an employee works more than 40 hours per week, including any off-the-clock work, they must be paid one-and-a-half times their regular pay rate for overtime hours, even if the overtime was not authorized in advance. An employee’s regular pay rate is calculated by dividing all the compensation they received for the week (with limited exceptions) by the number of hours worked. Shift differentials, i.e., extra pay provided for working overnight or other non-standard shifts, must be included in a worker’s regular pay rate when calculating their overtime rate.

Some states have even more stringent overtime laws. In California, for instance, employers are required to pay workers one-and-a-half times their regular pay rate for all work in excess of eight hours in a day or 40 in a week, and the first eight hours worked on the seventh consecutive day of work in a week. Workers must be paid double their regular pay rate for any work in excess of 12 hours in a day or eight hours on the seventh consecutive work day in a week.

Laws About Meal and Rest Breaks

While the Fair Labor Standards Act does not require employers to provide meal and rest breaks, it does require that workers be paid for time spent working through unpaid breaks.

Under California labor law, workers are entitled to meal and rest breaks if they work a certain number of hours per day. Generally, employees who work more than five hours must receive a 30-minute break during which they are completely relieved of duties. Employees who work more than 10 hours in a day must receive a second meal break of at least 30 minutes that can only be waived with mutual consent of the employer and employee and if the first meal break was provided.

If an employee is not completely relieved of all duties during a meal period, or is required to remain at the employer’s premises, the break is counted as hours worked and must be paid at the worker’s regular pay rate. Employers are also prohibited from discouraging or preventing workers from taking required breaks, including by arranging their schedules in a way that makes taking a break difficult.

Employees in California are also entitled to a 10-minute rest break for every four hours worked, “or major fraction thereof,” and rest breaks are considered compensable time.

For every day that an employer does not provide a required meal or rest break, they must pay the employee an additional hour of pay at their regular rate.

Lawsuits Filed by Hotel Workers, Housekeeping, Front Desk Employees

A group of housekeepers filed a lawsuit in July 2017 claiming a New York hotel illegally failed to pay them for off-the-clock work and overtime hours. Specifically, the plaintiffs said they were not compensated for time spent preparing to clean rooms and were denied time-and-a-half wages when they worked more than 40 hours per week.

A hotel worker lawsuit filed in July 2018 claimed a front desk clerk worked over 60 hours a week without receiving time-and-a-half overtime wages for the hours exceeding 40. Instead, she was allegedly given a “bonus” that did not properly compensate her for her overtime hours.

A lawsuit filed in March 2023 by a front desk worker and night auditor alleged that she and other Motel 6 workers were denied proper meal and rest breaks. According to the suit, employees often had to work through their breaks because the hotel was “understaffed and busy,” and the plaintiff said she was often unable to clock out during her eight- to 10-hour shifts because there were no other employees to cover for her.

How Could a Class Action Lawsuit Help?

If filed and successful, a class action lawsuit could help hotel workers get back any unpaid wages they may be owed. It could also force hotel operators to change their pay practices and ensure that workers are paid in accordance with federal and state labor laws.

Importantly, the Fair Labor Standards Act prohibits employers from retaliating against employees who exercise their rights by filing a lawsuit or taking other protected actions.

What You Can Do

After you get in touch, an attorney or legal representative may reach out directly to ask you some questions about your experience and tell you more about what’s involved with filing a lawsuit. It doesn’t cost anything to fill out the form or speak with someone, and you’re not obligated to take legal action if you don’t want to.

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