California Overtime Laws For Restaurant Workers
Most people know the basics of California overtime law: time-and-a-half for all work after eight (8) hours in a day or 40 hours in a week. Double time after 12 hours in a day (no weekly double time). And if you work seven days in one work week (not just seven straight days), your pay is time-and-a-half from the beginning of your shift and double time after eight hours, regardless of how many hours you’ve worked that week.
When employers violate the overtime rules, it is rarely because they fail to pay overtime correctly for the work hours entered into the system; computerized payroll can even make that impossible. Rather, overtime violations usually occur because of one or more of the following:
Giving you a title like “Bar Manager” or “Assistant Manager” and saying you work on salary now, even if your primary duties remain tending bar or waiting tables
Requiring you to perform any amount of work before you clock in or after you clock out
Demanding that you clock out at eight hours to avoid overtime charges but keeping you at work, possibly with under-the-table straight time pay
When your employer shorts your overtime pay, you are entitled to the unpaid overtime; unpaid minimum wage in addition to overtime if you were forced to work off the clock; and penalties for inaccurate wage statements and short final paychecks if you’ve left that job. A court can also award attorney’s fees if you win, giving lawyers an incentive to take your case even if the underpayment is relatively small.
If you think you haven’t been paid overtime correctly or have other wage-and-hour concerns, contact us to schedule a free consultation.