10 Common Labor Code Violations Committed by Restaurant Employers | Mann & Elias

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. However, this does not translate into being treated fairly with pay, hours, and working conditions. Unfortunately, numerous California restaurant employers ignore local, state, and federal regulations and instead commit labor violations on a daily basis. 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 for those who do decide to take a stand, they 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.

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 that have 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 normal rate. For those working longer than 12 hours, the rate must be twice their normal rate. If you are being denied your overtime pay, consult with an employee rights attorney for restaurant workers at Mann Elias.

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. As a result, many workers regularly work 16 hour days between both places, usually without being compensated for overtime. If you are doing this on a regular basis, work with a lawyer for restaurant employee discrimination Los Angeles employees know can resolve these matters, such as Mann Elias.

Meal and Rest Breaks


Since the pace at restaurants can get hectic, many employers choose to not give employees 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 by contacting an employment attorney Los Angeles workers trust to help them, such as Mann Elias.

Payment Upon Termination


When an employee is terminated from a restaurant, California Labor Code states you are to receive your pay 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 is refusing to give you the money you earned, contact a Los Angeles restaurant worker rights lawyer from Mann Elias for assistance.

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 as well as premium wages earned in the previous pay period. Unfortunately, many employers choose to ignore this rule and pay employees on a very irregular schedule. Rather than let this continue, work closely with an employee rights attorney for restaurant workers at Mann Elias to ensure you are paid on a regular schedule.

Paid Sick Leave


For many employers, giving their employees paid time off when they are sick if something they try to avoid at all costs. However, the 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. According to state guidelines, employers must grant their employees one hour of paid sick leave for every 30 hours they have worked. In addition, employers are not allowed to retaliate in any way against employees who request or use their paid sick leave. If your employer has refused to grant you paid sick leave or has made it difficult to use when you or a family member were ill, immediately contact a lawyer for restaurant employee discrimination Los Angeles workers rely on to defend their rights, such as attorneys from Mann Elias.

Illegal Charges by Employers


In many restaurants, employees may come up short when balancing their cash registers or have equipment or other items break during the course of their shift. Along with this, most are required to wear uniforms during the course of their employment. In some instances, restaurant employers may decide to charge their employees for the costs associated with uniforms or broken equipment, and may also force them to make up the difference regarding a cash register shortage. However, 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 Los Angeles workers know will fight hard for them each step of the way, such as a 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 that which they are owed.

Employee Tips

Unbeknownst to many restaurant employees, employers are not allowed to take or request they be given tips earned by their employees during a shift. However, the state's Labor Code does allow for tip pooling arrangements among workers, so long as everyone approves.

If you need help resolving one or more of these common labor violations, schedule your consultation at once with a Los Angeles restaurant worker rights lawyer at Mann Elias.

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