California Restaurant & Food Service Labor Law

By .   Updated June 27, 2015

California Restaurant and Food Service Labor Law

The California food and restaurant industry is the source of numerous lawsuits alleging violations of California worker rights. Among alleged violations are wage and hour violations and violations of tip pooling/tip credit laws. Employees whose rights are violated can file a lawsuit against their employer to recover lost wages or tips.

California Restaurant and Food Service Wage and Hour Law

California food and restaurant workers have filed lawsuits alleging their employers have failed to pay minimum wage or overtime, have required them to work off-the-clock or have not provided proper meal and rest breaks. Under California law, restaurant workers and food service employees must be paid the current minimum wage, must be paid overtime (unless exempt) and must be given proper meal and rest breaks. Furthermore, they must be paid for all time spent doing work that is required as part of the job.

California Restaurant Tip Pooling/Tip Credit

Under California labor law, employers cannot use tip credits towards hourly wages. This means that restaurant employers must pay employees at least the minimum wage without factoring in any tips. Furthermore, employers cannot take part in tip pooling.

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