What is the name of your state? TX
Hello a few months ago my girlfriend started working for an club as a waitress. Upon hiring she was asked to work 3 days a week Thursday, Friday, and Saturday. What caught my attention was that although she would be working for tips she was told that she would not make an hourly rate but instead be paid per shift. For every shift she worked she would make $25.00.
Can an employer in TX pay per shift? Is she entitled to overtime pay for any hours a week over 40 hours? I ask this because her 3 days a week has turned into having 1 or 2 days off every 2 weeks because they are short staffed. She is regularly working 55 to 60 hours per week. Is this legal and if not what course of action should we take to try and get the money owed for the time she has worked. They keep daily time cards that she punches in and out of for every shift.
On a side note she has been told that since she is a waitress she is not entitled to breaks or lunches through out her shift. Is this true?