For example, a Sous Chef who supervises other employees while he cooks, exercises discretion on a daily basis, and is paid significantly more than hourly employees who work in the kitchen, should properly be considered exempt from overtime pay so long as that chef also has the authority to hire, discipline and fire.
Can a cook be an exempt employee?
Similarly, an Executive Chef can be properly classified as an exempt administrative employee if she (1) satisfies the salary basis test; (2) performs office or non-manual work regarding general business operations; and (3) customarily and regularly exercises discretion and independent judgment as to matters of …
Who is excluded from overtime pay?
What Types of Employees Are Exempt? The Fair Labor Standards Act (FLSA) states that employees employed as “bona fide executive, administrative, professional and outside sales employees” and “certain computer employees” may be considered exempt from both minimum wage and overtime pay.
Do chefs get paid overtime?
The overtime rate of pay for a chef is one and one-half their regular rate of pay. In order to calculate the number of hours a cook worked overtime, the employer must consider all required work performed both before and after a shift, any scheduled meal breaks, staff meetings, and required paid training.
Who is non exempt from overtime?
Nonexempt: An individual who is not exempt from the overtime provisions of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 40 in a workweek (as well as any state overtime provisions). Nonexempt employees may be paid on a salary, hourly or other basis.
Is a Sous Chef an exempt position?
Note that in California, a Sous Chef may qualify for the “learned professional” exemption if they have completed a four-year course in Culinary Arts, and doing so is a requirement of the job.
Are chefs exempt from overtime California?
The California Labor Code requires overtime pay for employees who work more than eight hours in any one day and more than 40 hours in any one week, unless an exemption applies. One exemption for the “public housekeeping industry,” which includes restaurants, exempts those employed in “executive capacities.”
How do you know if you are exempt from overtime pay?
An exempt employee is not entitled overtime pay by the Fair Labor Standards Act (FLSA). … For them, even if they haven’t met the minimum 40 hour per week federal threshold, any hour over 8 is paid at time-and-a-half.
Which of the following employees would not be exempt from receiving overtime pay?
State overtime laws do not cover certain employees who are considered “professional,” “managerial,” “executive,” or “administrative” employees. … To be an exempt employee under any of these categories under California law you must earn twice the minimum wage for full-time work.
What are exempt employees exempt from?
What Is an Exempt Employee? The term “exempt employee” refers to a category of employees set out in the Fair Labor Standards Act (FLSA). Exempt employees do not receive overtime pay, nor do they qualify for minimum wage. When an employee is exempt, it primarily means that they are exempt from receiving overtime pay.
Can chefs be salaried?
If someone is in a managerial or supervisory role, you can pay a salary and not worry about overtime rates. … As a result, you need to pay an hourly wage or a fixed salary, and you need to pay overtime any time your chef works more than 44 hours in a week.
Are chefs paid salary or hourly?
Personal chefs earn an average hourly wage of $18.93. Salaries typically start from $13.24 per hour and go up to $24.33 per hour.
How many hours a week do line cooks work?
As a line cook, you should be prepared to work long hours. On average, line cooks work between 50 and 70 hours each week, frequently on weekends, evenings and for up to 12 hours each day.