Berkeley, CA asked in Employment Law and Workers' Compensation for California

Q: Hello. I need your help. I just started to work at a restaurant from a month ago. Salary suppose to paid every 2 weeks,

But my salary(pay check) never paid me on the second week. It's the 4th week from started, it hasn't paid me yet. I asked to the owner about it on the 2nd week, the owner answered me "we are going to pay you, so don't worry about it." But my salary never paid me at all.

I asked to my co-workers about it, then some of them had a same problem before. In addition, my co-workers told me the salary was not paid full amount. Even though we didn't take 15 min.-break in every shift, 15min. from our 3, 4, 6 hour-shift were reduced automatically. It means unfortunately we receive only 2.75 hours salary for 3 hour shift, 3.75 hour salary for 4 hour shift, and 5.75 hours salary for 6 hour shift.

Moreover, over time for 15min. ,30min.,45 min. were never paid surprisedly.

Please give us your advice regarding our problems that the late salary(pay check) payment, the 15min. reduced salary, and the over-time salary.

Thank you for your help.

1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: The details of your case will be very important and your description is a bit confusing. The problems you describe (e.g. not being paid on time despite being promised it, not receiving breaks, not getting overtime, etc) is very, very, very, very, very common in the restaurant business. I've done several cases involving unpaid restaurant workers like you.

If the problems you describe can be proven in some way (this is not easy, but also rarely impossible), the law will likely be on your side. I encourage you to find a lawyer.

Andy

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