Legal Question in Employment Law in California

California labor law requires you to be paid on time. Whether it is worth your while to file a formal complaint, especially if it is a samll business and they are having trouble making payroll, depends on certain facts. (More info is needed ).

As for tips, because I am not a tax professional I can't give you tax advice, so you should consult with a tax prodfessional about reporting your tips to the IRS. If you are required to report them on your tax return (and I believe you are), and you have not been doing that, perhaps you don't want to make a fuss about it.

The major issue here is the lunch breaks. Your employer is required to provide you with a 30 minute uninterupted lunch break every day, if you work more than 5 hours in a day. If you work during your lunch break, the employer must pay you a full hour's pay for the 30 minutes.

If working through your lunch break increases an eight hour day to 8.5 hours, then you must also be paid half an hour of overtime in additon to the one hour pay. For example, if you make $8hr, and work through your 30 lunch break, you should be paid $8 for that 30 minutes. If working through your lunch causes you to work 8.5 hours that day, you should be paid $8 + $6 = $14 for that missed lunch break. That being said, it must be clear that your employer is requiring you work through your lunch break and that you are not doing it voluntarily.

I am happy to discuss this further with you (at no cost). Please call my cell phone at 805-886-4515, or email to [email protected]. Thank you.