A cook is someone who measures, mixes and cooks ingredients according to recipes, using a variety of pots, pans, cutlery and other equipment, including ovens, broilers, grills, slicers, grinders and blenders to prepare food. Cooks, who manage a kitchen, supervise, hire and fire other employees, and have executive functions as part of their primary duties, are exempt from overtime. Additionally, chefs and sous chefs who possess a four year degree from a culinary institute/college are considered learned professional and are exempt from overtime. The majority of cooks, who work in fast food restaurants or cafeterias, should be non-exempt and entitled to overtime.
If you believe that you are not getting overtime wages when you should, use our detailed Overtime Compensation Question form to send us a detailed question about your overtime situation.