Legal Question in Employment Law in California

Restaurant manager legal defination

I would like to know the legal defination of a restaurant

manager for a business with ten or less employees.

To be legally considered a manager does that person

have the authority to hire and fire and does that person

not need to record their worked hours on a timecard? In

a previous situation under these circumstances I was

informed that these were prerequisites of management

but it was in a larger company with over ten employees.

Would an employee unable to hire and fire and having

to use a timeclock still legally be considered a

manager with ten or less employees. Thankyou.

in a business with ten or less employees. Thankyou.


Asked on 9/14/04, 6:13 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Restaurant manager legal defination

A supervising manager in that industry is typically salaried; thus, no OT, which I assume is your issue. If you are really a server with a title, then you may not properly be a salaried person, and then entitled to OT.

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Answered on 9/22/04, 2:21 pm


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