California Hospitality Industry Employment Lawyer

The hospitality industry in California is one of the largest and most vibrant in the United States. It encompasses a wide range of businesses, including hotels, restaurants, bars, nightclubs, resorts, and event planning companies. As a popular destination for both domestic and international tourists, the hospitality industry plays a crucial role in the state’s economy.

While the COVID-19 pandemic hit this industry hard between 2020 and 2022, losing nearly half of its employees. However, data from the California Employment Development Department found that the hospitality sector has shown a tremendous bounce back, adding 835,000 jobs since July of 2022. With this resilience comes more opportunities for employers to try to exploit these workers. This is especially true in the hospitality industry, as many workers rely on tips to make ends meet. Still, these employees are looked at the same as any other California worker under the law.

Maison Law Stands Up For Your Rights

If you’re an employee in the hospitality industry in California and you believe your employer has violated your rights, it’s essential to seek legal guidance from experienced employment lawyers that can help you navigate the legal system and fight for your rights. At Maison Law, we have the experience and skills necessary to help.

Don’t wait until it’s too late to protect your rights and seek the benefits and support the law provides you. Contact us today to schedule a consultation and learn more about your options. We are here to help you every step of the way.

California’s Hospitality Industry and Employment

With one of California’s most populated job sectors, the hospitality industry is a significant contributor to the state’s economy. The industry includes businesses such as:

• Hotels
• Restaurants
• Bars
• Casinos
• Theme parks
• Cruise lines
• Event planning and management

Because the hospitality industry covers such a wide variety of different businesses, it also provides a wide range of different job opportunities, all with varying degrees of skill and labor. These jobs include:

• Front desk clerks
• housekeeping attendants
• Maintenance technicians
• Hotel managers
• Servers
• Waiters and waitresses
• Bartenders
• Chefs
• Kitchen staff
• Restaurant managers

While the hospitality industry provides many employment opportunities, it is also known for its complex and sometimes problematic employment practices. This includes issues such as wage theft, discrimination, harassment, and lack of proper safety measures, among others.

California has some of the most comprehensive employment laws in the country, including those that specifically address the hospitality industry.

California Hospitality Industry and Employment Law

Perhaps no other industry in California contributes to the economy and society as much as the hospitality industry. As one of the largest and most important industries in the state, it employs hundreds of thousands of workers in hotels, restaurants, and other establishments. As such, there are a number of state and federal employment laws that apply specifically to the hospitality industry in California.

Wage and Hour Laws

California’s Labor Code covers a wide range of topics, but specifically covers how and when your employer is required to pay you. It also specifies the number of hours you can work, provides you with breaks, and

As it applies specifically to the hospitality industry, this section of laws covers the following:

• Tips and Gratuities – California law requires employers to distribute tips and gratuities to employees in a fair and reasonable manner. Employers may not deduct credit card processing fees from tips and gratuities left by customers.
• Minimum Wage – The minimum wage in California applies to all employees, including those in the hospitality industry. As of January 1, 2023, the minimum wage in California is $15.50 per hour.
• Overtime – California law requires employers to pay overtime to non-exempt employees who work more than eight hours in a day or 40 hours in a week. In addition, employees who work more than 12 hours in a day are entitled to double-time pay.
• Meal and Rest Breaks – Employers in California must provide non-exempt employees with meal and rest breaks. Employees who work more than five hours in a day are entitled to a 30-minute meal break, and those who work more than 10 hours are entitled to a second 30-minute meal break. Employees are also entitled to 10-minute rest breaks for every four hours worked.
• Uniforms – Most hospitality industry employees in California are required to wear uniforms. Under the law, the employer has to provide the uniform free of charge and is responsible for cleaning and maintaining the uniform. Also, the employer cannot deduct wages from your paycheck for costs associated with these requirements.

The code also establishes various government agencies and regulatory bodies to enforce labor laws and protect employee rights, such as the California Division of Labor Standards Enforcement (DLSE) and the California Department of Industrial Relations (DIR).

California Fair Employment and Housing Act (FEHA)

Employees in the hospitality industry are also protected from discrimination and harassment. The main law that specifies this is the California Fair Employment and Housing Act (FEHA). The FEHA prohibits employers from discriminating against their employees on the basis of “protected characteristics”, which include:

• Race
• Color
• National origin or ancestry
• Religion or creed
• Age (40 and over)
• Disability, mental and physical
• Sex, including pregnancy, childbirth, and related medical conditions
• Gender identity, gender expression
• Sexual orientation
• Medical condition, genetic information
• Marital status
• Military or veteran status

In addition, it protects employees from being retaliated against by their employer. Retaliation can take a variety of forms, but usually include your employer taking one of the following actions:

• Termination
• Demotion or reassignment
• Negative performance reviews
• Reduction in pay or benefits
• Refusing to hire
• Isolation or exclusion

The California government agency that is responsible for enforcing the FEHA is the California Department of Fair Labor and Housing (DFEH).

At-Will Employment and Contracts

California is an “at-will” employment state, meaning that both employers and employees can end the employment relationship at any time. There are some exceptions to this, most notably when your employer tries to fire you for a discriminatory reason or in retaliation for you voicing legitimate concerns about the work environment.

For employees, at-will employment may not apply if there is a written employment contract that specifies the terms and conditions of employment, including the duration of the contract and the circumstances under which the employment can be terminated. In this case, the employer must comply with the terms of the contract, and termination can only occur for the reasons specified in the contract.

Employment agreements in California are contracts between employers and employees that outline the terms and conditions of employment. These agreements can cover a variety of topics, including:

• Compensation
• Benefits
• Job responsibilities

Employers cannot include provisions in employment agreements that violate California’s laws, and furthermore, if they fail to provide employees with any of the provisions in the contract, you can bring a breach of contract claim against them.

What Can California Employees Do About Having Their Legal Rights Violated?

No matter what your position is in the hospitality industry, California has a standard procedure in place for how a claim unfolds. Depending on what law was violated, the first step is to file a claim with one of the various administrative agencies that is responsible for enforcing the area of the law your claim falls under.

In the hospitality industry, this could include any of the following:

• California Labor Commissioner’s Office – This agency is responsible for enforcing labor laws related to minimum wage, overtime, meal and rest periods, and other working conditions.
• California Department of Fair Employment and Housing (DFEH) – This agency is responsible for enforcing laws related to discrimination, harassment, and retaliation in the workplace.
• California Division of Occupational Safety and Health (Cal/OSHA) – This agency is responsible for enforcing laws related to workplace safety and health. Cal/OSHA is also the agency responsible for regulating the hospitality industry.

These agencies have the authority to provide administrative remedies for you or other employees. While these remedies can do things like reinstate your position or provide you with lost wages, the next step in the process is filing a lawsuit.

• Filing a lawsuit – While filing a lawsuit allows you to pursue compensation in the form of damages, it’s important to understand that every case is unique and there’s no guarantee of a positive outcome in a lawsuit. Still, we can help you determine the viability of your claim and eventually file a lawsuit in civil court. The damages that are recoverable in an employment lawsuit include the following:
  • Lost wages
  • Loss of benefits
  • Back pay
  • Damages relating to pain and suffering
  • Damages relating to emotional distress
  • Damages relating to loss of dignity

Again, no matter how strong you think your case is, filing a lawsuit is a gamble. Still, working with our team of experienced California employment lawyers can help you navigate what can be a sometimes complicated claim.