Articles Tagged with California minimum wage lawyer

In-N-Out Burger Inc. employees should be allowed to wear buttons in support of higher minimum wage, employee rightsaccording to a recent ruling from a federal appeals court. A panel with the 5th Circuit Court of Appeals recently unanimously upheld a decision by National Labor Relations Board in a case regarding employees at In-N-Out Burger wearing Fight for $15 buttons. The company tried to ban the buttons arguing they interfered with the company’s image, which includes a very specific uniform and a dress code that prohibits wearing pins or stickers. The company also claimed the buttons could pose food safety concerns, but NLRB and the panel said that was not enough reason to restrict workers’ rights and that doing so was in violation of federal law, according to a report from Reuters.

Fight for $15 is an organization that supports unions and pushes for higher minimum wage, especially among fast-food workers across the country. The National Labor Relations Act of 1935, protects the right of workers to join a union and encourages collective bargaining. It also holds firm against practices by employers deemed harmful to the general welfare of workers. What does all of this have to do with employees wearing buttons?

Continue reading

According to a recent news article from CBS Local Los Angeles, workers at Disneyland Resort are organizing demonstrations to protest what they are calling unfairly low wages. This demonstration involves a protest outside of the resort and the presentment of a petition to the company CEO demanding higher wages for their hard work for the amusement park.

sex discriminationA representative for the workers said their petition contains over 117,000 signatures and it began circulating when United States Senator Bernie Sanders was in Anaheim to discuss the wage issue there and other wage issues across the nation. Higher wages for working Americans has been one of the main issues for Mr. Sanders during his bid for the 2016 Democratic presidential nomination and he has continued his efforts on this front as a senator when he lost in primaries to Hillary Clinton.  Continue reading

Anyone who has ever waited tables knows how valuable a good tip is. It brings the wages of tipped employees up, makes it possible for restaurant owners to keep food prices reasonable, and gives workers an incentive to work during extra busy and stressful shifts throughout the week.Orange County unfair wages

U.S. Department of Labor defines tipped employees as those who regularly receive more than $30 a month in tips. Such employees, depending on the state, can be paid a minimum of $2.13 per hour, as opposed to the traditional federal minimum wage of $7.25. The tips that are used to bring tipped employees up to minimum wage are known as a tip credit. If the employee does not make enough in tips to meet the federal minimum wage standard, the employer must make up the difference, according to 29 U.S. Code § 203 (m).

California, however, is a bit different in that the state requires employers to pay full minimum wage before tips. The state’s minimum wage is also higher than national, ranging from $10.50 (for employers with fewer than 26 employees) to $11 (26 or more employees). Continue reading

Anyone who has ever worked in the restaurant service industry is familiar with the term, “side work.” It’s the work that servers are often required to do on top of the normal serving of tables. What many workers may not know is that payment for these duties must be at least the minimum wage. The federal minimum wage is currently set at $7.25. server

A recent wage and hour lawsuit in North Carolina highlights this problem.

A former server at a restaurant chain alleges the company paid her – and hundreds of other workers – just $2.13 an hour (typical for waiters and waitresses), even while requiring her to do side work for which she should have received minimum wage.  Continue reading