Every employee should be treated fairly irrespective of the kind of job they handle. This normally does not happen to restaurant employees, who most restaurant owners assume to be unskilled, and thus give low pay. An employee who works in a restaurant spends most of their time walking and standing. Thus they need rest and meal breaks.
If you work in a restaurant, your employer can offer you paid or unpaid breaks. California employment law lunch breaks are very clear that employers should provide a 30-minute meal break to an employee who has worked for 5 hours. However, the lunch breaks should not be paid for.
Granting Regular Breaks To Restaurant Employees
Whether you are a tipped or non-tipped restaurant worker, The Fair Labor Standards Act (FLSA) ensures that every worker gets their earned wages. The same case happens when one is not granted time to rest or have lunch. Where you are forced to work during your rest or lunch breaks, your employer should provide payment. When this doesn’t happen, you may not get the right minimum wages. There many ways in which restaurant workers are denied their rights and, as such, may file a claim:
· Failure to pay interrupted rest or lunch breaks
· Failure to provide wage records where an employee may detect their wage is not correct.
· Failure to pay minimum wage for hours worked.
Even if the Federal law doesn’t require a restaurant employer to provide breaks, it’s a common practice observed in California for employers to ensure workers get a 30-minute lunch break. If the restaurant is busy, you can make arrangements to have on-duty meal breaks, but this has to count as hours worked. Your employer has no right to force you to work during your lunch break.
Some employees find it okay to waive their right to unpaid lunch breaks. One should speak up with their employer for such arrangements.
But these rights may be limited to workers who get tips or are engaged in direct customer service. If your rights have been violated, it pays to understand the rules governing restaurant works in your state. Such law is often complex and may need legal expertise from experienced employment attorneys who may investigate your wage and hour violation case
What To Do If Not Getting Breaks
Due to the many laws concerning violation of restaurant workers’ rights, it may not be easy to know whether your rights have been violated. Though your employer should ensure he/she provides breaks, he/she is not obligate to ensure you take them; that is your responsibility. Restaurant employees are always taken advantage of due to the nature of their work. No restaurant worker should be abused or mistreated by their employer. If your employer doesn’t grant you any breaks, or he/she forces you to work during your breaks but is not paying you, you may have a claim against them. In such a case, you can look for employment lawyers who will protect your rights.