This toolkit provides resources to help employers understand their basic responsibilities under federal labor laws enforced and administered by the U.S. Department of Labor’s Wage and Hour Division (WHD). Some states have labor laws that afford workers additional rights and protections; employers must comply with both federal and state laws.
If you discover past wage or leave mistakes, the PAID program may be able to help.
What you should know
Here are a few key things employers should understand:
- Many workers in restaurants are protected (or "covered") by the minimum wage and overtime pay requirements of the Fair Labor Standards Act (FLSA).
- Every employer covered by the FLSA must keep certain records for each non-exempt worker.
- The FLSA also includes child labor provisions. Workers under age 18 may only perform permitted tasks, and workers between the ages of 14 and 15 may only work specific hours.
- Employers must display specific workplace posters to inform employees of their rights.
Learn more about how the FLSA applies to the restaurant industry.
- Restaurant Industry
- Determining the Exemption Status of Managers and Assistant Managers in the Restaurant Industry
- Why the Minimum Wage Deserves Your Maximum Attention (PDF)
- Tipped Employees
- Deductions from Wages for Uniforms and Other Facilities
- Hours Worked
Still need more guidance? Ask us. WHD provides guidance on how laws apply to specific workplace situations. Request an Opinion Letter.
These are additional tips and resources to understand your responsibilities as an employer.
- The FLSA prohibits retaliation against any employee who has filed a complaint or cooperated in an investigation.
- Employers and employees can keep accurate records of hours on the job with our free DOL-Timesheet App.
NOTICE: On April 26, 2024, the U.S. Department of Labor (Department) published a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, to update and revise the regulations issued under section 13(a)(1) of the Fair Labor Standards Act implementing the exemption from minimum wage and overtime pay requirements for executive, administrative, and professional employees. Revisions included increases to the standard salary level and the highly compensated employee total annual compensation threshold, and a mechanism for updating these earnings thresholds to reflect current earnings data. On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated the Department’s 2024 final rule. Consequently, with regard to enforcement, the Department is applying the 2019 rule’s minimum salary level of $684 per week and total annual compensation requirement for highly compensated employees of $107,432 per year. Lawsuits regarding the 2024 final rule are currently pending in two other federal district courts, and the United States has filed a notice of appeal from the November 15 decision. The Department will update this notice with additional information as it becomes available.
How to Get More Information
If you have questions or need additional information, contact us online or call 1-866-487-9243 between 8 a.m. and 5 p.m. in your time zone.
Last updated on September 11, 2025.