Many servers, bussers, bartenders, and other tipped workers experience wage violations that cost them money that they earned. If you work in the restaurant industry and your employer is not paying you fairly, you may need a Sacramento restaurant and tipped worker wage dispute lawyer. The state’s labor laws are on the employee’s side, protecting you from employers taking your tips, failing to pay overtime, or not giving you proper meal and rest breaks. An employment attorney can help explain your rights and fight for your hard-earned wages.
The California Labor Code and the Wage Orders issued by the Industrial Welfare Commission (IWC) protect restaurant and tipped workers in Sacramento, so you can seek out support from an attorney if you have a wage dispute. Some of the most common wage violations in the industry include:
According to California Labor Code § 510, employers must pay one and a half times an employee’s regular rate for hours worked over eight in a day or forty in a week. Restaurant workers often find themselves working overtime hours when they stay past their scheduled shift or work double shifts.
Employees are legally entitled to breaks for meals and rests for a certain length of a shift. Working five hours requires a 30-minute meal break, and employers must provide a 10-minute break for every four hours worked by an employee, as established in Cal. Lab. Code § 226.7. Employers may pressure workers to skip breaks due to business or other operational needs.
It is a violation of the law for an employer to require a worker to perform duties before clocking in or after clocking out, as an employee must receive pay for that time. Employers may ask workers to set up tables, clean, or attend meetings while not being paid.
The way the state approaches minimum wage for tipped workers differs from the federal model. The federal minimum wage is just $7.25 per hour, while California has a much higher statewide minimum wage of $16.50. An employer in the state may not use earned tips as credit toward an employee’s hourly wages. For example, if a server earns $150 in tips during an eight-hour shift, the employer may want to pay only $10 per hour, arguing that the tips more than make up the difference. However, this is unlawful. Earned tips cannot reduce or offset the required hourly wage.
In the state, tips belong solely to the employees who earn them. Under Cal. Lab. Code § 351, employers cannot take any portion of an employee’s tips. This means that managers, owners, or supervisors may not share in tip pools or otherwise withhold gratuities.
If you believe your employer has violated your employee rights, a lawyer from Erkel Law, P.C. can help. Gathering necessary evidence, such as pay stubs, schedules, and communication between you and your employer, is essential to getting compensation. A wage and hour attorney in Sacramento can assist restaurant and tipped employees with these types of disputes by:
Erkel Law, P.C. can help secure a fair resolution with your employer to recover the lost wages you deserve.
It is important to hire a lawyer who understands how the restaurant industry pays employees. Such an attorney can better identify how the law applies to your specific situation. At Erkel Law, P.C., a Sacramento restaurant and tipped worker wage dispute lawyer can help you understand your rights and move forward to recover the pay you deserve.
Contact Erkel Law, P.C. today to schedule an initial consultation and discuss how an attorney can help.
(916) 709-3702 
