Legal Question in Employment Law in California

There is nothing inappropriate with requiring salaried employees to clock in and out. But the restaurant industry is notorious for misclassifying non-exempt employees as exempt by giving them titles like assistant manager. The key test is whether you are performing managerial duties more than half your work time. You also must be receiving at least two times the current minimum wage ($8.00 per hour) to be considered salaried.

If you are spending the majority of your time performing non-managerial functions in the restaurant, you should see an employment law attorney to evaluate your case and help you decide what your best course of action is.

"Salaried Exempt" workers are not entitled to OT and can be made to work far more than 8/40. Whether you are properly classified, in an actual managerial / supervisory role for at least 1/2 your duties, is the primary issue. If not, then you can make a claim for unpaid hourly compensation, OT, penalties, interest, attorney fees. If serious about pursuing such claim, feel free to contact me. Be prepared to prove your actual duties are not managerial / supervisory. It shouldn't be difficult, since most restaurant 'asst managers' are grunt workers.