Know Your Rights. Get Help From a Lawyer For Restaurant Employee Discrimination Los Angeles
In many California restaurants, workers put in long hours to provide excellent food and service. Unfortunately, this does not translate into being treated fairly with pay, hours, and working conditions. Numerous California restaurant employers ignore local, state, and federal regulations and commit labor violations daily.
Since employees are usually at the mercy of their employers, they have little choice but to do whatever is asked of them and hope for the best. But those who decide to take a stand quickly discover there are indeed legal options they can use to force their employers into compliance.
If you are concerned your employer is committing some of the following labor code violations, do not hesitate to contact a Los Angeles restaurant worker rights lawyer at Mann & Elias. We will fight for your right to fair and regulated hours and wages.
Minimum Wage Requirements
Of all California Labor Code violations, failure to pay employees minimum wage is the most prevalent. According to the California Industrial Welfare Commission Wage Order #5, restaurants with more than 25 employees must pay them at least $10.50 per hour, while those with less than 25 employees must pay at least $10 per hour.
Overtime Paid at Premium
For employees who work past their eight-hour shift, employee overtime pay must be 1.5 times their standard rate. For those working longer than 12 hours, the rate must be twice their standard rate. If you are being denied your overtime pay, consult with an employee rights lawyer in Los Angeles.
Joint Employment
In some situations, restaurant owners have two or more establishments. When this is the case, some workers may be required to split time at both locations. It is not uncommon to hear staff regularly work 16 hour days between both places, usually without being compensated for overtime. If you are doing this regularly, work with a lawyer for restaurant employee discrimination local employees know can resolve these matters.
Meal and Rest Breaks
Since the pace at restaurants can get hectic, many employers choose not to give or remind employees of their meal and rest breaks. However, California Labor Code rules state all non-exempt employees be given a 30-minute off-the-clock meal break. Along with this, they must also receive a 10-minute paid rest break every four hours. If you are being denied these breaks, hold your employer accountable for their actions. When they fail to correct the situation then it would be best to involve an employment attorney for labor code violations.
Payment Upon Termination
When an employee is terminated from a restaurant, California Labor Code states you are to receive your payment within 72 hours, regardless of whether you were fired or quit voluntarily. In addition, if you accrued vacation pay during employment, this must also be paid out in your final paycheck from the employer. If your employer refuses to give you the money you earned, this is grounds for a potential lawsuit.
Bi-Weekly Paydays
As noted in Section 204 of the California Labor Code, all employers, including restaurants, must have two days each calendar month designated as paydays for employees. On these days, employees are entitled to be paid for all regular wages and premium wages earned in the previous pay period. Unfortunately, many employers choose to ignore this rule and pay employees on an irregular schedule. Rather than let this continue, work closely with an employee rights attorney for restaurant workers to ensure you get paid on a regular schedule.
Paid Sick Leave
Many employers give their employees paid time off when they are sick if something they try to avoid at all costs. Per California Labor Code clearly states that all employees, be it full-time, part-time, or even temporary, who have worked at least 30 hours in the state are entitled to paid sick leave.
Employers are required to give employees one hour of paid sick leave for every 30 hours they have worked. In addition, employers are not allowed to retaliate against employees who request or use their paid sick leave. If your employer refused to grant you leave or has made it difficult to take time off, immediately contact a lawyer with a successful track record to defend your rights.
Illegal Charges by Employers
In many restaurants, employees may come up short when balancing their cash registers, break items, or equipment during their shift. Along with this, most restaurant employers may charge their staff for the costs associated with uniforms or broken equipment and force them to make up the difference in both scenarios.
California Labor Code Section 2802 specifically forbids these acts. If you are regularly being forced to pay for these situations, your employment rights are being violated. Rather than let this continue, choose instead to hire an employment attorney LA workers know would fight hard for them each step of the way, such as a Los Angeles workplace lawyer from Mann & Elias.
Reporting Wages
When an employee comes to work but is put to work less than half of their scheduled shift, they are still entitled to be compensated for half their shift’s wages. However, many employers refuse to do this, resulting in employees being paid far less than what they are owed.
Employee Tips
Unbeknownst to many restaurant employees, employers are not allowed to take or request that their employees earn tips during a shift. However, the state’s Labor Code does allow for tip pooling arrangements among workers, so long as everyone approves.
Do you need help resolving one or more of these common labor violations? We’re ready to address your concerns! Give us a call to book your free consultation.