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Restaurant Labor Exemption Laws California

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  • Restaurant Labor Exemption Laws California

    I work salaried for a restaurant in California. Recently we had a visit from the Labor board and she questioned which of the employees that work in the kitchen were salaried (chefs and sous chefs). Even through I am a kitchen person, most of the work that I do is administrative. Is there a place that I can look up the california labor laws regarding restaurants so that I can check for myself wether I qualify for exempt status?

    Also...if my pay has been too low to qualify for exempt status can that be rectified with a lump check for retro pay that makes up the difference?

    And would a reimbursement check for expenses be considered part of my salary?

    Thank you.

  • #2
    Your question assumes that the fact you work in a restaurant is important. It could be, but given the rest of your question, maybe not.

    Under federal law only (FLSA) there are something like 100 exceptions from either minimum wage or overtime. All of these classifications look at duties, and some are specific to the industry. I do not know if you are indeed Exempt but the most likely exception is the Administrative exception (based on what you have actually said), which is not industry specific. If you have people reporting to you, then the Executive classification is also possible.
    http://www.dol.gov/esa/whd/regs/comp...irpay/main.htm

    There is a complication in that you work in CA, who has tougher rules then the federal rules. If you fail the federal rules, then you are Non-Exempt. But even if you pass the federal rules, you can still fail the CA rules. One of the CA rules is a higher minimum pay level of $640/week (compared to $455/week for federal). [Note - something non-obvious is that the same employee can be considered Exempt by the feds but Non-Exempt by the state].
    http://www.dir.ca.gov/dlse/Glossary....ve%20exemption
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thanks for the links and the info!

      Is there a website that has the CA labor laws as well?

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      • #4
        http://www.dir.ca.gov/dlse/DLSE-FAQs.htm
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          http://www.leginfo.ca.gov/calaw.html
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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