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Our attorneys have been assisting the Orange County and Southern California communities for over 40 years.
Restaurant workers are an incredibly important part of our society. Those who work in restaurants come from all walks of life, and they work in an often stressful and demanding environment. However, restaurant workers should never be subjected to inhumane conditions. Unfortunately, it is not uncommon for employers to mistreat and take advantage of their employees. The state of California protects the rights of restaurant workers.
Every worker in California has rights that are protected and enforced by the California Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE). This agency is tasked with investigating and resolving any Labor Code violations. This can include issues arising pertaining to:
It is important to point out that California protects the rights of all workers, whether they are U.S. citizens, documented foreign workers, or undocumented workers. Some of the most important rights that the DLSE ensures include:
Many restaurant employees rely on tips. As a bartender, server, or any other tipped employee, tips may end up providing the employee with more than their actual hourly wages paid by employers. In the state of California, employers are not allowed to claim tips that are left for their restaurant workers. Employers are not allowed to count tips as part of their minimum wage requirements.
Tip pooling is allowed in the state of California, and this happens when an employer requires restaurant workers to combine all of their tips to then be distributed amongst everybody in the pool. However, employers who require tip pooling must follow certain guidelines established by law.
If you have any questions related to the rights of restaurant workers in California, contact the Orange County workers’ comp lawyers at DiMarco | Araujo | Montevideo. You can contact us for a free consultation by clicking here or by calling (714) 783-2205.