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Service vs. Non Service Work: The Wage and Hour Rule That Your Restaurant Must Follow (For Now?)

( Post has been updated to note a legislative development.) Running a restaurant is hard. It’s long hours, short tempers and fickle customers. But add in those wage & hour laws? What a headache. And there are lawyers out there who know it. In fact, there are some that rest their business model on seeking out restaurant workers that can be used as representative plaintiffs in class actions.  Moreover, they use the internet — quite legitimately in most cases — to find them. Indeed, in New York, one enterprising firm has put up a whole website entitled WaiterPay.com to educate workers on their rights.   If that weren’t enough, the United States and the Connecticut Department of Labor both have divisions that continue to investigate aggressively these industries for violations. I’ve been following some of the new lawsuits that have been filed against restaurants and have notice a trend — we’re seeing more lawsuits claiming that wa...