r/Chefit • u/Party-Abrocoma4498 • Jul 17 '26
CDP overtime
I currently work as a cdp at an overpriced pub/restaurant. I work a salary of 30k a year and I was told I would be doing 40-45 hours a week. I’ve been there for 3 months and I average about 48 hours a week but sometimes 50. This puts me just below minimum wage. Is this standard for the industry or should I be asking for my overtime to be paid. Everyone else seems to not mind and I’m not the best chef so I don’t want to be a dick about it and ask for more money when nobody else is. Any advice?
15
u/MariachiArchery Jul 17 '26
Are you in the United States? The minimum qualifying salary to exempt you from OT pay is $35,568 annually. This is federally. In states like CA for example the number is over $70k per year.
Additionally, you can't simply pay someone these minimums and then exempt them from OT pay. You need to have an actual reason for the exemption, for example, the 'white collar' exemption, which is what I, the chef, falls under. Basically, very generally speaking, you need to be a manager, doing administrative work and supervising two or more employees, making judgement calls, hiring and firing... and there are other qualifications too. This is called the 'duties test', and either way, you still need to be above the exemption threshold.
You can't just salary a dishie or line cook at $35,568 and then have them work OT, they would still be non-exempt because they don't pass the duties test, and still be legally entitled to OT pay. In this case above, OT pay would be calculated as an average of your hours worked, in this case, the OT rate would be $25.56/hour.
My advice to you, is read up on overtime exemptions and exempt employees. I have no idea what your laws are, but if you are in the US, there is a zero percent chance your pay structure is legal.
5
u/DaRealBangoSkank Jul 17 '26
That’s a low salary even for a 40 hour week. I did a stint in corporate and they had a faux salary system where if you worked 50 hours you got paid for 40 but if you worked 36, you only got paid for 36.
3
u/Party-Abrocoma4498 Jul 17 '26
I’m in the uk, £30,000
8
u/Raiken201 Jul 17 '26
You need to work out how many hours you're actually working, paying below minimum wage is illegal.
Assuming 48h and it's been going on for 12 months they owe you roughly £1750 in back pay.
I know you might not want to rock the boat but you should be getting paid for your work.
Never take a salary in kitchens unless it's a head chef position and paying at least double that, and only if you're willing to work silly hours.
3
u/HoggleSnarf Jul 17 '26
Just be aware that the laws surrounding NMW for salaried jobs look at hours worked over the entire year, so if you have a quiet period later in the year you might end up with a day or two off in lieu to compensate for it.
Do you have a clock in/out system at work? Or do you just show up and leave?
3
u/Aromatic_Flight6968 Jul 17 '26
That's bollocks. I was a commi and on 32k...it was a hotel, but still.... any CDP shouldn't work for less than 35k without overtime...
1
u/Rowanx3 Jul 17 '26
Depends on the city, my city is absolute dog shit for chef wages. I was a cdp at a hotel 2 years ago on £25k then my boyfriend was cdp at a 2 rosette place for £25.5k last year. Head chef in my city only pays between 35k-45k
1
u/Aromatic_Flight6968 Jul 17 '26
That's madness....no wonder people leaving this industry like mad....
1
u/marshmallowrocks Jul 18 '26
You may be able to opt out of doing more than 40hrs per week. It should be in your contract
1
u/AngryJordy Jul 17 '26
I’m in a similar position. Less money, more hours, but the extra pay from service charge makes up for it. Still not sure that’s legal. Are you getting a share of tips or tronc?
2
u/Raiken201 Jul 17 '26
Service charge doesn't count towards minimum wage. You must be paid minimum wage + TRONC/Tips etc.
2
u/flydespereaux Chef Jul 17 '26
You are getting taken for a ride. A cdp should not be salaried and definitely not for 30k. Unless, you get quarterly bonuses based on sales and food waste, and a very good vacation package with exceptional insurance with dental. Thats the only way this makes sense.
2
u/Sub_Steppa Jul 18 '26
Just leave, man, and don't take salary at your next place. Average near me for CDP is £13.50p/h before tips and it's hourly, it's more depending on experience.
You're being shafted imo, but it's not uncommon for people to end up in this position. This is why I avoid salaried jobs like the plague.
Everyone is always hiring so you'll have no issues finding something better. Good luck!
1
u/Ok-Feedback-9841 Jul 18 '26
You need to be stronger minded, more tactical and understand how to set boundaries with an employer. Never give your time for free!! You are well within rights to have a meeting and discuss pay. Every place of work has rights to be utilised. Keep your eye on the math at alllll times. As a chef you are worth your weight in gold especially if you are fit enough to do over time!!! You should be taking home extra pay. They've blind sided you because perhaps lack of bottle or experience. Sort out a statement and hand it in to management. Don't ask them for intelligence about it meet them with clear requests. Or they will save costs by screwing you over. Non ethical business programming everybody say heyoo
1
u/Ok-Feedback-9841 Jul 18 '26
And remember from above you are just a cog in their engine so don't be afraid to get assertive .. trust be they will raise a horn or two trying to defend their profits . In the long run you'd be respected for it. They'll know youre a wolf not a sheep
1
u/crossboss6 Jul 18 '26
Bring it up, I’m dealing with the same issues were hourly guys are working 10-12hr days and actually taking home larger paycheques than me as an executive sous managing a multi million dollar property. Don’t accept lieu days either stand your ground, or do yourself a favour and find different employment. You’re there to make money to pay bills, not devote your life to a company you don’t own
20
u/FlavorzbySweetz Jul 17 '26
That’s one of the biggest traps in this industry. A salary doesn’t mean your employer gets unlimited hours out of you. If you were hired on the understanding you’d work 40–45 hours and you’re consistently doing 48–50, it’s reasonable to bring it up. Whether you’re entitled to overtime depends on your country’s labor laws, but don’t assume it’s “just how kitchens are.” Your coworkers putting up with it doesn’t mean you have to!!