Legal Question in Employment Law in California

My daughter has been asked to audition for a restaurant job in San Francisco. So far she has worked 5 shifts without pay. After three shifts, she has asked the manager if she will be hired. He said he hasn't decided. Is this legal? How long can she work without pay?


Asked on 10/31/09, 9:58 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

She should not be working without pay. You might have her talk to the Labor Commissioner's office to receive further guidance.

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Answered on 11/06/09, 4:59 am
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

No, what the employer is doing is illegal. He is not entitled to free labor. Every hour your daughter has provided service, she is entitled to be paid no less than minimum wage. She should be keeping detailed time records, as well as whether she has been taking her legally mandated breaks. She should have filled out a W-4 form for payroll tax purposes. If the employer refuses to pay her, she should filed a wage claim with the California Labor Commissioner.

Incidentally, the fact that an employer would even think of cheat employees this way does not bode well for future employment. Expect other problems as well. Your daughter should be thinking of looking for other employment.

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Answered on 11/06/09, 12:38 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

I am sorry to hear that your daughter has been taken advantage of like this. How old is she? Contact me directly.

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Answered on 11/06/09, 2:14 pm


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