Top 10 Employment Law Violations in The Restaurant Industry
According to employment lawyers in Los Angeles, the restaurant industry is notorious for violating employment law. Employers and employees alike need to understand the laws and how to file an employment lawsuit when a violation occurs.
Let’s look at the top employment law violations in the restaurant industry to see when you need a specialized attorney:
- Paying less than minimum wage – California requires that all employees receive minimum wage. Employers cannot use tips to cover any part of this.
- Not paying for all hours worked – If an employee is required to be at work, the employer is required to pay for that time. This includes pre-shift meetings, side work, training, or cleaning.
- Not paying wages at least twice per month – California requires employers to pay employees twice a month. If you get paid monthly, you need to talk with a lawyer near you.
- Not providing meal and rest breaks – Employee rights include a 30-minute lunch break for every 5 hours worked and a 10-minute rest break for every 4 hours worked. Lunch breaks are paid if the employee can’t leave the premises.
- Making employees pay for uniforms and their maintenance – Employers must cover the cost of required uniforms and their maintenance.
- Taking tips from employees – California employers cannot take tips from the employees that earned them. They can require the employee to share those tips with other workers, however.
- Not paying overtime properly – Any time worked, by a non-exempt employee, over normal hours is subject to an overtime pay rate, which is one and half times the regular pay.
- Making employees responsible for business-related losses – Employers cannot charge employees for any cash shortage, breakage, loss of equipment unless the employer can prove employee dishonesty, willfulness or gross negligence.
- Not preserving employment records – Per an attorney, employers must preserve employee records and payroll information for three years. Time cards, work schedules, and wage additions/deductions must be preserved for two years.
- Not disclosing accurate information on pay stubs – The pay stub must show the employee’s name and address, how many hours worked, hourly rate, overtime pay rate, dates being paid, all deductions, and net earnings.
Why Should I Hire a Lawyer?
Employers need to respect employee rights and employees need to know what is acceptable and what is not. Most employees are powerless against them, fearing they will lose their jobs or see a change in pay.
Consulting a restaurant violations lawyer in Los Angeles will ensure your rights as an employee are not violated. If they are, an employment lawsuit may be in order.
Without legal counsel you will have a greater disadvantage without access to the same resources or experience as upper management. Those who pursue a lawsuit alone seldom know what’s needed to win, how to reach a fair settlement, how to present witnesses or present evidence in court.
About Mann & Elias
The Law Offices of Mann & Elias is an employment law firm that provides guidance and legal support for individuals facing issues in the workplace. We represent clients at every level of the state and federal court systems in lawsuits regarding discrimination, wrongful termination, unpaid wages, and more. When your case is in our hands, we hope to minimize stress and concerns associated with work.
Workplace disputes and negotiations can be complicated and uncomfortable between an employee and employer.
When you retain one of our lawyers, you will be well-protected and advised. While there are thousands of lawyers to choose from, we strongly believe our success is based on:
- 50+ years of trial experience
- Excellent advocacy skills
- Intense preparation and research
- Quality care
For dedicated representation with no upfront fees, give us a call at 323-866-9564 or email info@mannelias.com.