⚠ Did You Know?

In California, tipped workers must receive the FULL minimum wage ($16.00/hr statewide, higher in many cities) BEFORE tips. There is NO tip credit in California - your employer cannot pay you less and make up the difference with tips. If you're being paid less than minimum wage, you have a strong claim.

Common Restaurant Worker Claims

These violations are rampant in the food service industry. You may be owed thousands in back pay and penalties.

💰

Tip Theft Recovery

Managers taking tips, invalid tip pools including non-eligible employees, required tip-outs to kitchen managers or owners. LC 351 violations.

✅ High Recovery
⏲

Split Shift Premium

If you work a split shift (gap of more than 1 hour), you're owed an extra hour of pay at minimum wage. Most restaurants ignore this.

✅ Often Overlooked
🍴

Meal Break Violations

30-minute uninterrupted meal break required for shifts over 5 hours. No "on-duty" meals without written agreement. 1 hour penalty per violation.

✅ Very Common
☕

Rest Break Violations

10-minute paid rest break for every 4 hours worked. Can't be combined with meal breaks. 1 hour penalty per missed break.

✅ Daily Violations
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Minimum Wage Claims

Full minimum wage required in CA - no tip credit. Many restaurants illegally pay below minimum. Local rates often higher than state.

✅ Strong Penalties
🕐

Overtime Violations

1.5x after 8 hours/day or 40 hours/week. 2x after 12 hours/day. Double shifts without overtime pay are illegal.

✅ Calculate Your OT
🚫

Off-the-Clock Work

Pre-shift prep, post-closing cleaning, side work after clocking out. If you're working, you must be paid. Period.

✅ Adds Up Fast
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Unpaid Training

All training time must be paid at minimum wage or higher. "Shadowing" shifts, food tastings, menu training - all compensable.

✅ Often Ignored
👕

Uniform/Equipment Deductions

Employers can't deduct for uniforms, equipment, or breakage. Can't require you to buy or maintain specialized clothing.

✅ Get Refunds
👥

Invalid Tip-Outs

Required tip-outs to non-eligible employees like managers, supervisors, or owners violate LC 351. Back-of-house is OK, management is not.

✅ LC 351 Violation
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Missing Final Paycheck

Quit without notice? Owed within 72 hours. Fired? Same day. Waiting time penalty: up to 30 days of wages.

✅ Up to 30 Days Pay
🚶

Walk-Out Rights

You can quit anytime without warning. No 2-week notice required. Employer still owes you all wages within 72 hours.

✅ Know Your Rights

⚖ California Restaurant Worker Protections

Labor Code 351 - Tip Protections

Tips are the sole property of the employee. Employers, managers, and supervisors CANNOT take any portion of tips. Invalid tip pools are prohibited.

CA Labor Code Section 351

No Tip Credit in California

Unlike most states, California requires FULL minimum wage PLUS tips. Your employer cannot count tips toward your hourly rate.

CA Labor Code Section 1182.12

Meal & Rest Break Requirements

30-min meal break before 5th hour. 10-min rest breaks every 4 hours. Penalty: 1 hour of pay per violation, per day.

CA Labor Code Sections 226.7, 512

Split Shift Premium

If your shift is split by more than 1 hour, you're owed an additional hour at minimum wage. Common in restaurants with lunch/dinner service.

IWC Wage Order 5

Walk-Out Without Warning

You can quit without warning at any time. Employer must provide final paycheck within 72 hours. No retaliation allowed.

CA Labor Code Section 202

Cal/OSHA - Workplace Safety

Right to safe workplace including proper ventilation, heat protections, non-slip floors. Report violations anonymously. Indoor heat illness prevention required.

CA Labor Code Section 6300+

🚨 Common Violations & Penalties

Tip Pool with Managers

Manager or supervisor included in tip pool? This violates LC 351. You can recover all tips improperly distributed.

Penalty: Full tip recovery + interest

No Meal Break Provided

Worked 6+ hours without a 30-minute break? Worked through lunch during rush? That's one hour of premium pay per day.

Penalty: 1 hour pay per day missed

Off-the-Clock Sidework

Rolling silverware, cleaning stations, or prepping after clocking out. Every minute counts toward your wages.

Penalty: All time owed + interest

Late Final Paycheck

Didn't get your last check on time? Waiting time penalties add up to 30 days of your daily wage rate.

Penalty: Up to 30 days wages

Required Tip-Out to BOH Managers

Tip-outs to back-of-house staff are legal, but NOT to managers or supervisors who have hiring/firing authority.

Penalty: Full tip recovery

Uniform/Equipment Charges

Charged for uniforms, aprons, or non-slip shoes? Required to buy your own? These deductions are illegal.

Penalty: Full refund + interest

📝 Your Rights as a Restaurant Worker

📚 Resources & Filing Options

CA Labor Commissioner (DLSE)

File a wage claim for free. No attorney needed.

Phone: (833) 526-4636

File Online

Small Claims Court

Limit: $12,500 for individuals

Filing fee: $30-$75

Faster than Labor Commissioner

Cal/OSHA

Report unsafe conditions anonymously

Heat exposure, ventilation, slip hazards

File Complaint

Legal Aid Organizations

Free legal help for low-income workers

Find Legal Aid

Ready to Recover Your Wages?

Our free demand letter templates cite California labor laws automatically. No attorney needed to start.

Employment Demand Letters