Legal Question in Employment Law in California

First, you need to know if you classified as an exempt or non-exempt employee. Exempt employees are usually managers, assistant managers, head cooks, etc. Waiters, busboys,line cooks, dishwashers, etc., are usually non-exempt employees. If you are a non-exempt employee and you work more than 8 hours a day or 40 hours per week, you are likely entitled to overtime. You would also be entitled to a 30 minute meal period during which you are completely relieved of all duties and permitted to leave the premises if you work more than 6 hours in a day.

Even if you are classified as an exempt employee and perform management duties, you might not qualify for an exemption from overtime as it is dependent on the duties you perform and the length of time you spend performing those duties. Thus, even salaried, exempt employees are often owed overtime.

If you believe that you are or should be classified as a non-exempt employee and you have not been paid overtime or received meal breaks, you may either file a claim with the Dept. of Labor Standards Enforcement (DLSE) (http://www.dir.ca.gov/dlse/districtoffices.htm) or seek out a private attorney who could review your case. If you have questions regarding any of this, feel free to contact my office for a free consultation.

Lets simplify this. You should consult with an employment lawyer in your area. If you work for a large restaurant or a chain restaurant, you should consult with an attorney who has class action experience. I would do so for no fee.