Legal Question in Employment Law in California

I work at a restaurant in California as a waiter. The employer has recently stated that any thing that is broken such as a glass or dish will be paid for by the employee. Also, if an order is taken incorrectly the employee must pay for the item at a 10% discount. We are not given breaks ever. Is any of this legal?

Asked on 4/11/10, 11:25 pm

2 Answers from Attorneys

Herb Fox Law Office of Herb Fox

0 users found helpful

0 attorneys agreed

The short answer is no, it is not legal - especially the failure to provide break time. The more difficult question is: what is your remedy? If the restaurant is a small "mom and pop" type, your best remedy might be to file a complaint with the Labor Board, or seek the advice of a local attorney who handles labor law. If you work for a large restaurant or a chain, on the other hand, there may be grounds here for a class action on behalf of all employees who are subjected to this terms and conditions.

My office handles class actions such as these. If you are interested in a consultation, please call my office at 800-988-4807.

Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the LawGuru website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. The Law Office of Herb Fox does not and cannot warrant that any communication between the user of this Web site and the Law Office of Herb Fox shall remain confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.

Answered on 4/17/10, 10:22 am

Mark as helpful