Suing Your Restaurant Employer In California

Have your employer denied you minimum wage? Most probably, you are not even getting the meal or rest break you deserve.  Almost every employee in California has a right to receive the minimum wage. But most California employers don’t follow this rule, especially restaurant owners. According to the state laws, a restaurant owner has the mandate to pay his/her employees the minimum wage. If this doesn’t happen, the only option available to fight for justice is to file a claim against the employer. However, the claim to file depends on employee’s unique situation.

 

Getting Your Minimum Wage As A Server

Most of the California employers are fond of playing loose with wage and hour laws. Worse enough is when they push employees to work off the clock and then assume they don’t qualify for overtime. Besides, they fail to offer split shift premiums to employees who work on split shift schedules. According to California split shift laws, employees who earn a minimum wage per hour should be entitled to shift split premium. Other than the latter, there are many reasons why an employee can sue a restaurant owner.  Some of the most common reasons include failure to

· Give the correct minimum wages.

· Provide adequate rest and lunch breaks

· Pay overtime wages and giving out incorrect wage statements.

· Reimburse business expenses

· Pay split shift premium

The above may amount to a lawsuit where hefty penalties may be awarded to the employer. One of the main areas of contention in restaurants involves tipping. According to California laws on tipped employees, an employer cannot take employee tips. Besides, the tips cannot be counted towards what an employee receives as minimum wage. Plenty of restaurant employees earn tips. Sometimes, the tips may even be more compare to wages received. Where an employee is receiving tips, any legal issue related to minimum wage becomes more complicated. If you are to file a claim against a restaurant owner, it becomes vital to learn more about minimum wage, overtime issues, or tip rules that may apply in your case—the same case when it comes to split shift pay. Your employer should make sure to follow California split shift laws.

 

 Filing Your Claim As A Group Of Servers

When it comes to suing restaurant owners for unpaid wages or any other claim, it requires an experienced employment lawyer- that lawyer who knows the interplay between the laws and regulations governing California wage and hour laws.

If your employer is reluctant to pay your wages, he/she may be entitled to penalties. Again, failure to pay your wages may give rise to other claims such as overtime claims. If a restaurant owner fails to pay employees the right wages or fails to compensate tipped employees fully, this may breed legal problems that may push employees to file a claim with the help of class action attorneys in Los Angeles CA. Other issues that may require employees to file a class-action lawsuit may include:

· Misclassification as exempt employees

· Employees being ordered to work “off the clock.”

· Failure to record collect hours worked.

If your employer has been giving you support tasks as a group of servers, where you are not able receive tips and later pays you for less than what you deserve, you can look for class action attorneys in Los Angeles CA. Many rules govern how restaurant owners should treat their workers. The fact is that every employer should ensure employees make a living wage. With this, not only will they have improved customer service but will have significantly reduced the number of legal claims.