Is it legal for a bar to have their workers work 9 hour shifts with no lunch?

michr

California is one of the few states that require breaks
(as with most labor laws there are allowed exceptions)

W-2 and I-9 are required for every employee
(federal law and there are no exceptions)

California does not allow a tip credit against minimum wage
(there is no lower wage for tipped employees)

in each instance they have violated the law
contact:
Department of Industrial Relations
Division of Labor Standards Enforcement
Bureau of Field Enforcement
http://www.dir.ca.gov/dlse/dlse-bofe.html

Rick S

There are several states that do not have any break or lunch requirements. CA has stricter labor laws than most states but check with local labor dept.
In Florida, we are NOT entitled to any breaks or lunches unless you are under a certain age, possibly 18 yrs old.
When I found out about this being the case in Florida, I fell back in my chair when I read that.

Judy

There are several things illegal here.

CA requires meal breaks after 5 hours.

Not requiring W-2 and I-9 forms is breaking federal law.

Not withholding taxes is breaking federal and state law. If the employee does not report the income, including all tips, on his or her tax return, the employee is also breaking federal (and state) law.

Requiring employees to work during training for tips only is breaking federal law.

I'd look for another job, before this bar gets shut down for the many illegalities.

Computer Guy

It is not legal to make you work 9 hour shifts with no lunch. It is not legal to pay you under the table. It is not legal for you to avoid paying income taxes on your wages and tips.

Are you going to report them or quit?

FRANK

Based on what you have said, this is not legal.

You are required to be provided lunch break. If you are employee, and not sub-contractor, the they must pay employer share of social security tax, etc., and also take the dedications for your share of social security, income taxes, etc.

This appears to be tax fraud. You can call IRS fraud section, as well as the State Division of Revenue. You can also call the license bureau that issued the liquor license.

If you do not pay the income taxes, then you will also be guilty of tax fraud.

Robert

It is not legal for your employer to pay you "under the table", unless you can be considered an independent contractor (from your description, you can't). It is a very serious violation not to complete I-9 documentation on each employee. This is mandated by federal law.

In regards to the breaks, I'm not sure what California law says. There are no requirements for breaks under federal law and many states do not mandate breaks for those 18 years of age or older (which you must be if you are working in a bar). Perhaps, somebody with more experience on California law can shed some light on this topic or you might want to speak with an employment law attorney.

lady_bella

It's not legal at ANY job....If you work 6 hours you get a 15 min break. If you work 8 hours or more, then you get a TWO 15 min break, and a 30 min lunch break. It's illegal to not allow a proper lunch break for employees. Go to the Labor Board. They will have it in writing, and they can very well talk to your boss who isn't being fair to you all.

I also suggest you get a job where you are paying taxes because if you are caught, you and the bar owner will get into legal trouble. Since you're getting paid under the table, there may not be much you can do. Quit and go get a job that plays by the rules. :-)

MISHKA

In the United States, employers generally accepted the 8-hour day as of 1912. so yes look up labor laws get a lawyer and sue them they will be inspected and most likely to be shut down.

Lisa A

No. Not legal. In a 9 hour shift, not only do you get a lunch break, but I think you also get two 15 minute breaks.

Plus working under the table is illegal as well.

You need to contact the Department of Labor. Plus, make sure you are sending in your share of your taxes (7.625% social security and medicare) plus federal income taxes. Even if your employer is breaking the law, that's no excuse for you to violate the law. Avoiding taxes by accepting wages under the table is just as illegal as paying someone on under the table.

If your taxes are all paid up, then you should report this company to the IRS as well.

Jeff L

This is not legal. Many people pay under the table which is fine by me but if people are being taken advantage of in a serious way you can report them to the police who could then take the proper steps.

If I were you though I'd ask the police to keep me anonymous because you could have a lot of people pissed off at you, but if people are being mistreated then reporting it would be the right thing to do.

Paddy J

not legal,

your first step is to quit the job

smartypants

Yes, it is illegal. I think you should contact the government, since this is precarious employment. You should not be living your days working at a place that does not offer legal amounts of breaks. That's human cruelty.

miraculous*

nope it is the owners disscion and if you dont like it than quit

CherryCherie

The breaks and lack of lunch break may be a gray area, but the other is not. I think it depends on how bad certain individuals want the job as to what they will deal with. Call your local police precinct, not 911, look up the number to the station and they will be able to assist you further.

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