Legal Question in Employment Law in California
Good Afternoon,
I work as a waiter in a restaurant in California. It is a part time job. I was scheduled to work a 4hr shift. After 1 hr and 40 mins I am "cut from the floor", meaning relived from taking any more tables. I proceed to "cash-out", pay money that is owed to the restaurant, before clocking-out. I "cashed-out" and was taken off the computer system from swiping my server card allowed to take any more tables. I tried to clock-out, the computer system at the restaurant would not let me clock out because of the minimum 2 1/2 hrs worked and needed a managers approval for clocking out. I approached the manager on duty to follow the procedure to approve the clock out. He refused to and made me stay in the restaurant until the allowed 2 1/2 hrs min worked.
Are there any laws broken in this situation?
1 Answer from Attorneys
As long as you are paid for the 2 1/2 hours you are required to be at the restaurant, there is nothing illegal about the practice. If you are paid less than 2 hours, even if you were less than 2 hours, then, there is a legal issue that needs to be addressed. That is because California law has a law called "reporting time" pay which requires that you be paid no less then 2 hours, just for showing up on a scheduled day of work.
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