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Waiter in California

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  • Waiter in California

    hello.. i work for a privately owned restaurant.. very small operation.. after a month or two the owner comes to me and ask's if i'd like to be salaried.. i ask him what the salary is and he says "like 250 a week".. i tell him i'll think about it.. he says ok.. next thing i know.. im on salary.. and its actually 250 each 2 weeks.. and i regularly work over 40 hours a week..i ask him why its like this.. he says i agreed to it.. he basically bullies me into believing that if i choose the salary over the hourly pay.. i will be favored more.. and will have more shifts and therefore, more money.. at the time i was very concerned with keeping this guy happy in order to keep the job.. so i let it go on.. then once im salaried i begin to work overtime more frequently.. one month i was doing 60 hrs a week.. well to cut to where we are now.. i have told him i want to go back to hourly.. even expressed how i felt bullied into taking the salary.. told him i think its against the law to pay less than minimum wage.. and so now he's agreed to pay me by the hour.. but he's cut my hours back to about 2-3 shifts a week.. what do i do?


  • #2
    Salary is just a payment method and is not inherently legal or illegal. However waiters are non-exempt and must be paid at least $8/hr in CA. File a wage claim with CA-DLSE if you are not getting that. Also, start looking for a better job with an honest employer. At some point, any cure to a bad employer includes finding a different employer.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      oh trust me.. i have been seeking other employment for quit sometime..

      on monday i had a meeting with the owner and he has cut my hours drastically.. he says "if you want to be paid hourly [minimum wage], you work these two days, if you want to work 5 days you take the salary [500/month]" says things like "either your in or your out" "somebody else is going to take that spot with the salary, then who knows, maybe we wont need you"

      sorry for the rant.. i guess i need to figure out how to file this claim.. and perhaps speak with a lawyer..

      he pays almost all his employees this way.

      this is frustrating to say the least

      thanks for the prompt reply DAW