Restaurant Servers and Their Rights

Servers working in restaurants, especially the larger and busier chains, need to know their rights when it comes to overtime, rest and meal breaks and compensation paid to other employees. A practice that is somewhat prevalent in the industry is the requirement that servers pay a portion of the wages of other co-workers who don’t share in the tips paid by patrons. This practice could include the requirement of servers to pay a sum to those that break their shifts. Orange County Employee’s Rights Attorneys of Employment Law Team, are currently working on two class actions that deal with servers being required to pay “breakers” and having to share tips with hostesses. One of our cases involves a practice that is alleged in the complaint to be in violation of “on-call” laws. Contact our Orange County Employment attorneys if you’d like to learn more.

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