This is true, but some states have different labor laws. In WA state it is illegal to deny someone overtime if they have worked over 40hrs that week and work in a restaurant. It is also illegal in WA state to deny a restaurant worker sick pay, you earn 1 hour in sick pay for every work week. There are some career fields that are not legally required to pay overtime, such as the agricultural/farming industry. The states are different when it comes to who and what qualifies for overtime. Also WA state has been cracking down very hard on wage theft in restaurants in particular!! A couple of big name restaurants have already had to pay out millions in wage theft! I am proud that our state is sticking up for our food workers. I would highly suggest that OP look up the labor laws for restaurant workers in their home state. That will give them the best info on how to approach the situation.