Legal Question in Employment Law in California

Legal issues in restaurants.

I have several questions. I work in a restaurant where tip pooling is mandatory. Four or five days after a shift, I'm given an amount but no daily record of the total tips earned.

Also, recently I was told that I had to pay for any mistakes I make. To my knowledge I'm the ONLY employee that has had to pay for anything. I'm not even given the food that I'm required to buy.

Also, and I'm pretty sure I know the answer to this one...I have NEVER been given even a 15 minute break and most of my shifts are at least seven hours.

AND...doesn't overtime start after 40 hours in a given week? Ten days straight and no overtime pay.

This is a VERY small restaurant and there's no way I can talk to the owner about anything and still have my job. It's already barely tolerable .

What can I do?


Asked on 3/20/08, 1:53 am

1 Answer from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Legal issues in restaurants.

Well, if you can�t talk to the owner about the problems that you write about I guess the only other options would be to either find another job, keep working where you are working, or hire an attorney to investigate whether you have any legal claims against your present employer.

Good Luck!

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Answered on 4/02/08, 6:37 pm


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