California is known for the strength of its hospitality industry, which includes restaurants and other food and drink establishments. According to data from the National Restaurant Association, California has over 83,000 food and drink establishments, bringing in over $117 billion in sales in 2021.
In order for any restaurant to be successful, it requires a total team effort from ownership to table service. An indispensable part of any restaurant is the kitchen staff that prepares food and drinks for customer service. As a restaurant worker in California, it’s important to understand the state’s employment laws to protect your rights and ensure fair treatment.
California Restaurant Workers Can Trust Maison Law
Being a restaurant worker is one of California’s most common occupations, yet it’s not without its issues and challenges. One of the biggest challenges can happen when your employer violates your rights in the workplace.
At Maison Law, we have the experience and knowledge to ensure this treatment doesn’t go unpunished. Our team of experienced California employment lawyers understands the difficult situation this puts you in as a restaurant worker and can help you understand your rights and options. To learn more, contact us for a free, no-obligation consultation.
Restaurant Workers in California
When most people think of restaurant workers, they look at servers–those that provide direct table service. While this is indeed a very important aspect of any restaurant, there are a number of other positions that are vital to the success of any establishment. The restaurant workers that instead focus on the other parts of the customer experience at a restaurant in California include:
- Cooks – Cooks are responsible for preparing food, following recipes, and ensuring that the kitchen is clean and sanitary. They may work as line cooks, prep cooks, or sous chefs.
- Dishwashers – Dishwashers clean dishes, utensils, and cooking equipment. They are also tasked with keeping the kitchen clean and organized.
- Hosts/Hostesses – Hosts and hostesses greet customers, take reservations, and manage the seating of customers in the restaurant.
- Managers – Restaurant managers oversee the day-to-day operations of the restaurant, including hiring and training staff, managing inventory, and ensuring that the restaurant is profitable.
- Bussers – Bussers are responsible for clearing tables, resetting them for the next customers, and helping to keep the dining area clean and organized.
- Delivery Drivers – Delivery drivers may be employed by restaurants or delivery services to deliver food to customers. They may use their own vehicle or one provided by the restaurant.
Obviously, these workers are a crucial part of a successful restaurant. By providing excellent service, ensuring high-quality food, creating a welcoming atmosphere, and contributing to the restaurant’s financial success and reputation, they help to build a loyal customer base and ensure the restaurant’s long-term success.
Challenges and Legal Issues For California Restaurant Workers
Despite their importance to the overall success of a restaurant, California restaurant workers frequently run into challenges and legal issues at work. In addition to the often fast-paced and stressful environment, these workers can sometimes be exploited by their employers because of their economic or immigration status. This is especially common in California, where thousands of immigrants find work in restaurants. That said, here is a closer look at some of the challenges and legal issues that California restaurant workers face:
- Wage and hour laws – One of the most common legal issues restaurant workers in California face is violations of their wages and hours worked. California has some of the strictest wage and hour laws in the country, including requirements for minimum wage, overtime pay, meal and rest breaks, and accurate record-keeping. Violations of these laws can result in penalties and lawsuits for your employer.
- Discrimination and Harassment – Restaurant workers that work for an employer with more than five full-time employees are protected under California’s Fair Employment and Housing Act (FEHA). The FEHA’s anti-discrimination and harassment provisions are based on factors such as race, gender, sexual orientation, and disability.
- Safety and Health – Restaurant workers can face a range of safety and health hazards, including burns, cuts, slips and falls, and exposure to harmful chemicals or allergens. Employers are required to provide training and protective equipment to minimize these risks.
- Immigration Status – Many restaurant workers in California are immigrants, and some may be undocumented. Employers who knowingly hire undocumented workers can face fines and other penalties, and workers may be vulnerable to exploitation and abuse.
- Workers’ Compensation – All restaurant workers in California are entitled to workers’ compensation benefits if they are injured on the job. Employers are required to provide insurance coverage and to report injuries to the appropriate agencies.
- Contract and Employment Agreements – While most California restaurant workers are employed on an at-will basis, some (like delivery drivers) may have a contract or employment agreement that outlines their rights and responsibilities. It’s important for workers to understand the terms of their employment and to seek legal advice if they have questions or concerns.
As you can see, restaurant workers in California face a range of legal and practical challenges related to their employment. Because these happen so frequently in this line of work, it’s important for workers to be aware of their rights and to seek legal advice if they have questions or concerns about their working conditions.
What Should Restaurant Workers Do If Their Workplace Rights Are Violated in California?
In terms of their legal options, one of the main challenges for restaurant workers in California is understanding what options are available to them once their rights are violated. It’s here that working with our team of experienced California employment lawyers is critical. We can help you understand what your rights are as a restaurant worker, and more importantly, what you need to do when you believe your employer is violating the law.
Generally, the legal process for violations of your workplace rights includes the following steps:
- Speak with your employer – An important step in the process is to alert your employer that you believe there is a problem. Although intimidating, the issue can sometimes be resolved by discussing the problem with your employer. As a restaurant worker, It’s also important to document your concerns and to be clear about the violation of your rights. This will put your employer on notice that rights violations are occurring and require them to take action.
- Contact a labor organization – As a restaurant worker, you can also reach out to a labor organization, such as a union, for assistance in addressing workplace rights violations.
- File a complaint with the Labor Commissioner’s Office – The California Labor Commissioner’s Office investigates complaints related to wage and hour laws. Workers can file a complaint online, by phone, or in person at a local office.
- File a complaint with the Division of Occupational Safety and Health (Cal/OSHA) – Cal/OSHA investigates complaints related to health and safety violations in restaurants. The agency can investigate a range of hazards, including those related to kitchen equipment, electrical systems, and food storage and handling. The agency also conducts inspections to identify potential hazards and ensure compliance with state and federal safety regulations.
- File a complaint with the Department of Fair Employment and Housing (DFEH) – If the violation involves discrimination or harassment based on race, gender, disability, or other protected factors, you can file a complaint with the DFEH. The DFEH will investigate the complaint and may pursue legal action on your behalf.
- File a lawsuit – Once the administrative remedies are taken, you can then choose to file a lawsuit against your employer in either state or federal court. It’s important that you consult with our lawyers before pursuing this option, as the legal process can be complex and time-consuming. However, with our experience, we can guide you through the process and make sure you get the benefits and support available to you under the law.
Restaurant workers, as with all other employees in California, have the right to a safe and healthy workplace and are protected against discrimination, harassment, and retaliation. Taking the above steps is the fastest way to make sure that your rights are protected and that you hold your employer accountable for their violations.
Contact Experienced California Employment Lawyers Today
As a restaurant worker in California, you enjoy the protection of some of the strongest labor laws in the country. That said, many employers in the industry try to get away with violating your rights and the rights of your coworkers. At Maison Law, we will work with you to make sure this doesn’t continue to happen. Our team of experienced California employment lawyers will provide you with the legal support and strategy you need to hold your employer accountable for their unlawful conduct. To schedule a free, no-obligation consultation, contact us today.
