California Employment Law Guide For Direct Table Service Workers

For many restaurants and customers in California, a critical component to the success and overall experience is the staff that provides direct table service to customers. These workers usually include what is commonly known as “the wait staff” of a restaurant and they typically face many challenges in the workplace, from long, physically demanding hours in an extremely fast-paced environment to battling lower wages and near-constant health and safety issues. All of these challenges can eventually rise to the level of a violation of these employees’ workplace rights.

Maison Law Stands Up For The Rights of Service Workers in California

At Maison Law, our team of experienced California employment lawyers understands the challenges and difficulties that workers in the hospitality industry face every day. When these hard-working employees are exploited and taken advantage of by their employers, it’s crucial that they have a team on their side to stand up for their rights. We are proud to provide dedicated legal support that can help you or other hospitality industry workers understand your legal rights and options. To learn more about how we can help you, contact us for a free, no-obligation consultation.

Challenges For Direct Table Service Workers in California

The food and restaurant industry in California is a driving force of California’s economy, employing thousands of people across thousands more restaurants. According to data from the National Restaurant Association, 10% of all the jobs in California come from the food and restaurant industry and this percentage is expected to grow to 21% by 2030.

Obviously, this represents a huge swath of the workforce that is employed at thousands of restaurants across California. Of this workforce, “direct table service” workers are on the front lines, dealing with customers and contributing to the overall success of countless businesses. Typically, direct table service workers include:

• Servers
• Bartenders
• Sommeliers
• Captains
• Food Runners

As important as these positions are to the overall success of a restaurant, they are also extremely challenging. some of the challenges that restaurant workers in California may face:

• Low wages – Low wages are one of the biggest challenges facing direct table service workers in California. While the minimum wage in California is higher than the federal minimum wage, it may not be enough to cover the high cost of living in many areas. It’s important to note that even though they are commonly tipped, there is no longer a “tip credit” in California. This means that these workers must be provided at least the minimum wage of $15.50 per hour.
• Long hours – Direct table service workers often work long hours, including nights, weekends, and holidays. This can make it difficult to maintain a healthy work-life balance and can impact personal relationships and mental health.
• Physical demands – The work that direct table service workers usually perform can be physically demanding, with long periods of standing and walking, carrying heavy trays of food and dishes, and working in hot and noisy environments. This can lead to fatigue, stress, and physical strain.
• Fast-paced environment – Restaurants are often fast-paced environments, with high volumes of customers and frequent turnovers. This can be stressful and requires workers to be efficient, organized, and able to multitask.
• Health and safety – Many direct table service workers are at risk for a variety of health and safety issues, including slips and falls, burns, cuts, and exposure to chemicals and allergens. California employers, by law, are required to provide a safe working environment and training to prevent accidents, but accidents can still occur.

Despite these challenges, many people find working as direct table service as an effective way to make ends meet, and is especially common among California’s entry-level workforce. It’s important for these workers to be aware of their rights and protections under California law and to speak up if they experience any issues or concerns in the workplace.

Common Employment Law Violations For Direct Table Service Workers in California

Being a direct table service worker in California not only has challenges, but many employers believe that they can take advantage of them. This is based on a variety of misconceptions and assumptions, but the reality is that direct table service workers play a vital role in the overall success of any restaurant. Not only that, but they–like any other employee–have a variety of legal protections under California law.

Still, many employers in the industry take measures that result in violations of these laws, such as:

• Minimum wage violations – California has a higher minimum wage than the federal minimum wage, and employers are required to pay their direct table service employees at least the minimum wage, currently set at $15.50 per hour. Some employers may try to pay less than the minimum wage or take illegal deductions from employees’ paychecks.
• Overtime violations – California law requires employers to pay their employees overtime if they work more than 8 hours in a day or 40 hours in a week. Some employers may try to avoid paying overtime by misclassifying employees as exempt or failing to accurately record all hours worked.
• Meal and rest break violations – California law requires employers to provide their employees with meal and rest breaks. Every worker is entitled to a 30-minute meal break after working 5 hours, and a second 30-minute meal break after working 10 hours. Further, they are also entitled to a 10-minute rest break for every 4 hours worked. Some employers–especially busy, fast-paced restaurants–may fail to provide these breaks or require these workers to work during their breaks.
• Tip pooling violations – California law allows for “tip pooling”, where servers and other tipped employees can share tips with each other. However, employers are not allowed to participate in the tip pool, and only employees who regularly receive tips can participate. Some employers may require non-tipped employees, such as dishwashers or cooks, to participate in the tip pool.
• Discrimination and harassment – Direct table service workers are also protected by California’s Fair Employment and Housing Act’s (FEHA) anti-discrimination and harassment provisions. This law prohibits any form of discirminaton and harassment based on protected characteristics, like age, race, color, national origin, gender, sexual orientation and disability. This is especially important in restaurants, as direct table service workers are extremely diverse.
• Retaliation – California law prohibits employers from retaliating against employees who exercise their rights under employment law. For example, an employer cannot fire or demote an employee for reporting a minimum wage violation or requesting a meal break. Additionally, these employees cannot be retaliated against for reporting unsafe conditions or other violations of California’s workplace safety laws.
• Workplace safety violations – Many conditions that direct service workers typically work in are quite dangerous, with exposure to open flames, hot cooking equipment, and chemicals. To that end, California law requires employers to maintain a reasonable level of safety at all times. This includes maintaining safe floors, providing appropriate protective gear and ergonomic equipment, and implementing policies to prevent violence and harassment. These conditions are enforced by the California Division of Occupational Safety and Health (Cal/OSHA).

Obviously, there is a wide range of different violations that direct table service workers can face in California. That said, when these violations occur, you and other direct table service workers have options.

What Legal Options Do Direct Table Service Workers Have When Their Workplace Rights Are Violated?

Like all other workers in California, direct table service workers have legal options when their rights are violated in the workplace. Depending on the type of violation, these options can include filing an administrative claim with the appropriate state agency or a civil lawsuit in court. It’s here that working with our team is crucial. We can help you determine what claims you have and what your next steps should be.

Generally speaking, the process for taking legal action against your employer includes the following steps:

• File a complaint – The first step is to file a complaint with the appropriate government agency, such as the California Labor Commissioner’s Office or the California Division of Labor Standards Enforcement (DLSE), or the Department of Fair Employment and Housing (DFEH). The Labor Commissioner’s Office and DLSE handle claims for wage and hour violations, as well as workplace safety violations, while the DFEH handle claims of unlawful discrimination, harassment, or retaliation.
• Investigation – Once your complaint is filed, the particular agency will investigate the claim and gather evidence to determine whether the employer violated labor laws.
• Hearing – If the agency or court finds that there is merit to the claim, a hearing will be held to determine whether the employer violated labor laws. In some cases, the parties may settle the dispute before a hearing takes place.
• Decision – After the hearing, the agency or court will issue a decision, which may include an order for the employer to pay back wages or penalties, and may also require the employer to change its policies or practices to comply with labor laws. Additionally, they will issue a “right-to-sue” notice that will allow you to proceed to filing a lawsuit in court.
• Filing a lawsuit – With the administrative process completed, you can then file a lawsuit against your employer in civil court. The purpose of a lawsuit is to recover damages, which is typically monetary compensation for the harm that the violations caused you. Our team of expert California employment lawyers can guide you through this sometimes complex process, making sure that your case remains strong throughout. Ultimately, you can recover the following in a lawsuit:
  • Lost wages
  • Lost benefits
  • Emotional distress
  • Pain and suffering
  • Attorneys fees and costs

Contact Experienced California Employment Lawyers Today For Help

No worker in California deserves to have their workplace rights violated, especially those that are as hard-working as direct table service staff. Unfortunately, restaurants and other employers routinely fail in their responsibility to these workers by not upholding the laws that protect them. If you are a direct table service worker in California, and you believe your employer is violating your workplace rights, Maison Law can help. Contact us for a free, no-obligation consultation to find out more.