Q: I WORK as a kitchen staff in one of the busiest restaurants in Los Angeles. I often work 10-to 14-hour days but I am not paid overtime. Also, even though my supervisor says we are entitled to a 30-minute lunch break and 10-minute rest breaks, there is no one to relieve me from my duties so I have to keep working. I often take my lunches very late or not at all. Am I entitled to additional wages?
A: Yes, you are entitled to additional wages. Restaurant workers, including the kitchen staff, are covered by the law requiring payment of overtime. They are also entitled to uninterrupted 30-minute meal breaks and 10-minute rest breaks.
It is ironic that employees working in the food service business are illegally deprived of their right to enjoy an uninterrupted 30-minute meal and be relieved of their work duties during this time.
Most recently, California’s Labor Commissioner cited three restaurants for minimum wage violations, overtime, meal and rest break violations, and inaccurate paystubs. The citations totaled $505,000. The restaurants cited were Urasawa, located in Beverly Hills, Ikebana in Salinas and Seoul Jung in Santa Clara.
The Labor Commissioner investigated Urasawa, a popular sushi bar on Rodeo Drive in Beverly Hills and found that the kitchen staff regularly worked 10.5 hours each day without overtime pay, and rest or meal breaks. The restaurant also failed to provide their employees with itemized wage statements listing hours worked and rate of pay, as required by law. The restaurant had was assessed a total of $65,785 in unpaid wages and penalties.
Ikebana, a restaurant in Salinas, was assessed $186,145.88 for failure to pay 42 workers minimum wages, overtime and split shift premiums and failure to provide meal breaks. A $60,550 civil penalty was also issued for failure to provide employees with accurate wage statements and for violating child labor provisions. Seoul Jung of Santa Clara was assessed a total of $165,709.29 for failing to pay overtime premiums to five workers.
The failure to pay proper overtime compensation or pay for missed meal and rest periods may give rise to other violations of California’s labor laws. In addition to the actual overtime compensation owed to the employee (computed at 1.5 or 2 times the employee’s regular rate), employees may recover the following:
1) Legal Interest – The interest rate is specified by law and accrues from the date the overtime payment is due and payable.
2) Statutory Penalties – A statutory penalty is imposed for the violation of a statute and recoverable by the employee. In the case of labor laws, a statutory penalty is usually a fine imposed against the employer for violating statutory labor provisions. Generally, statutory penalties for overtime violations include waiting time penalties and record-keeping penalties. These penalties are computed according to legal specifications and paid to the employee.
3) Attorney’s Fees and Costs – If the employer refuses to pay overtime and the employee sues and wins, the employer will have to pay the employee’s attorney’s fees and costs as well.
4) Civil Penalties – A civil penalty is not meant to be punishment for a violation but rather a means of restitution for wrongdoing. Civil penalties are recoverable by the Labor Commissioner. However, an employee who sues on behalf of him/herself and other employees under the Private Attorney General Act (PAGA) may recover 25% of civil penalties.
Employees who have overtime and missed breaks at work are better served by consulting with experienced employment attorneys. Our office, for instance, accepts confidential no-cost inquiries from employees who want to know more about their rights. Knowing one’s employment rights is the first step in determining whether one is entitled to additional wages.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayas law.com or contact his office by telephone at (818) 291-0088.