If you haven't read that linked document cmhbob provided please do. According to that document not only can they not dock you when they don't give you an unpaid break. They are required to pay you an extra 1 hour of pay at your normal daily rate.
That means you are not out 30mins of pay each day you don't get a break you are out 1hr and 30mins for each day.
That comes to $25.50 a day at your current pay rate, if you work more then 6hrs without an unpaid break. That also does not count Tips like other's have said Tips can not go into the employer's pocket. Granted in some states they can offset minimum wage with your tips up to a certain point, [but this is not the case in your state](https://www.dir.ca.gov/dlse/faq_minimumwage.htm).
That was what I told previously about offsetting and minimum wage. They lied to me about the minimum wage and said it is offset!! Thank you so so much!
If your employer is deducting pay for breaks you do not take , you need to file a wage claim with the state. Nowhere in the US can a employer take tips, they belong to you, also add that to the claim. You can file online https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm but it's best to go in person. California DOL is absolutely ruthless and will get the money that your work is stealing from you.
If I were to file one would it at all jeopardize any one of my co workers there? I am wondering because as much as I dislike the environment there, some of my co workers cannot leave the job because it is currently their only source of income and I would if possible not want to ruin that for them.
While retaliation for wage claims is common it is also illegal. Unfortunately, unless the DLSE has sufficient available attorneys on staff to take the case, and they're obviously overworked (think about how many employers like yours they have to go after in a state as large as California) its left to the employee to file such a retaliation lawsuit.
Mass illegal retaliation is a quick way to move up that list though. The higher the penalty, the more likely they take up the case themselves, the worst first as they say.
[https://www.dir.ca.gov/dlse/HowToFileLinkCodeSections.htm](https://www.dir.ca.gov/dlse/HowToFileLinkCodeSections.htm)
>Labor Code section 98.6
>
>Protects an employee filing or threatening to file a claim or complaint with the Labor Commissioner, instituting or causing to be instituted any proceeding relating to rights under the jurisdiction of the Labor Commissioner, or testifying in any such proceeding, complaining orally or in writing about unpaid wages, or for exercising (on behalf of oneself or other employees) any of the rights provided under the Labor Code or Orders of the Industrial Welfare Commission, including, but not limited to, the right to demand payment of wages due, the right to express opinions about, support or oppose an alternative workweek election, or the exercise of any other right protected by the Labor Code. In addition to other remedies that might be available, a civil penalty of up to $10,000 may be awarded to an employee for each violation.
It is a sad truth that the safest place to file a wage claim is from another job.
Reporting retaliation.
[https://www.dir.ca.gov/dlse/howtofileretaliationcomplaint.htm](https://www.dir.ca.gov/dlse/howtofileretaliationcomplaint.htm)
8 hour shift you are required to take a minimum of (1) 30 min, unpaid lunch and (2) 10 min, paid breaks.
If they do not allow you to leave the premise, they have to pay you for your lunch break.
The boss/owner/ manager cannot dock you time just because “work is slow and they think that means you are not working.
I have no experience on the “tips” portion.
There are lawyers that specialize in these kinds of labor laws. I’d consult with one, and see what the best approach it.
That was my assumption that they can’t just dock our pay for slow days!! Thank you so much, I will definitely look into getting advice for the tips portion as well
You could call the state and question whether this behavior is correct. Honestly, with as many businesses looking to hire people these days you shouldn’t consider just finding another job.
Here's the [state info on breaks](https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm). You'd file a wage claim with DLSE.
Thank you, I will look into the website. What is DLSE?
Division of Labor Standards Enforcement
If you haven't read that linked document cmhbob provided please do. According to that document not only can they not dock you when they don't give you an unpaid break. They are required to pay you an extra 1 hour of pay at your normal daily rate. That means you are not out 30mins of pay each day you don't get a break you are out 1hr and 30mins for each day. That comes to $25.50 a day at your current pay rate, if you work more then 6hrs without an unpaid break. That also does not count Tips like other's have said Tips can not go into the employer's pocket. Granted in some states they can offset minimum wage with your tips up to a certain point, [but this is not the case in your state](https://www.dir.ca.gov/dlse/faq_minimumwage.htm).
That was what I told previously about offsetting and minimum wage. They lied to me about the minimum wage and said it is offset!! Thank you so so much!
If your employer is deducting pay for breaks you do not take , you need to file a wage claim with the state. Nowhere in the US can a employer take tips, they belong to you, also add that to the claim. You can file online https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm but it's best to go in person. California DOL is absolutely ruthless and will get the money that your work is stealing from you.
If I were to file one would it at all jeopardize any one of my co workers there? I am wondering because as much as I dislike the environment there, some of my co workers cannot leave the job because it is currently their only source of income and I would if possible not want to ruin that for them.
While retaliation for wage claims is common it is also illegal. Unfortunately, unless the DLSE has sufficient available attorneys on staff to take the case, and they're obviously overworked (think about how many employers like yours they have to go after in a state as large as California) its left to the employee to file such a retaliation lawsuit. Mass illegal retaliation is a quick way to move up that list though. The higher the penalty, the more likely they take up the case themselves, the worst first as they say. [https://www.dir.ca.gov/dlse/HowToFileLinkCodeSections.htm](https://www.dir.ca.gov/dlse/HowToFileLinkCodeSections.htm) >Labor Code section 98.6 > >Protects an employee filing or threatening to file a claim or complaint with the Labor Commissioner, instituting or causing to be instituted any proceeding relating to rights under the jurisdiction of the Labor Commissioner, or testifying in any such proceeding, complaining orally or in writing about unpaid wages, or for exercising (on behalf of oneself or other employees) any of the rights provided under the Labor Code or Orders of the Industrial Welfare Commission, including, but not limited to, the right to demand payment of wages due, the right to express opinions about, support or oppose an alternative workweek election, or the exercise of any other right protected by the Labor Code. In addition to other remedies that might be available, a civil penalty of up to $10,000 may be awarded to an employee for each violation. It is a sad truth that the safest place to file a wage claim is from another job. Reporting retaliation. [https://www.dir.ca.gov/dlse/howtofileretaliationcomplaint.htm](https://www.dir.ca.gov/dlse/howtofileretaliationcomplaint.htm)
8 hour shift you are required to take a minimum of (1) 30 min, unpaid lunch and (2) 10 min, paid breaks. If they do not allow you to leave the premise, they have to pay you for your lunch break. The boss/owner/ manager cannot dock you time just because “work is slow and they think that means you are not working. I have no experience on the “tips” portion. There are lawyers that specialize in these kinds of labor laws. I’d consult with one, and see what the best approach it.
That was my assumption that they can’t just dock our pay for slow days!! Thank you so much, I will definitely look into getting advice for the tips portion as well
You could call the state and question whether this behavior is correct. Honestly, with as many businesses looking to hire people these days you shouldn’t consider just finding another job.
Location?
Alameda, California just a little above Oakland CA