According to an employment lawyer Los Angeles CA, the restaurant industry is notorious for violating employment law. Employers and employees alike need to understand the laws and be prepared 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 an employment 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. According to employment lawyer Los Angeles CA, this includes pre-shift meetings, side work, training, or cleaning.
- Not paying wages at least twice per month – California requires employers to pay employees at least twice a month. If you are paid monthly, you need to talk with an employment 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 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 or loss of equipment, unless the employer can prove employee dishonesty, willfulness or gross negligence.
- Not preserving employment records – Per an employment attorney, employers must preserve employee records and payroll information for 3 years. Time cards, work schedules, and wage additions/deductions must be preserved for 2 years.
- Not disclosing proper 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.
Employers need to respect employee rights and employees need to know what is acceptable and what is not. Consulting an employment lawyer near you will ensure your rights as an employer or employee are not violated. If they are, an employment lawsuit may be in order.