Restaurant Industry

Wage & Hour Issues Affecting the Restaurant Industry

Kitchin Legal is a leading authority in the laws governing employees in the restaurant industry.

At Kitchin Legal, we understand how easy it can be for restaurant owners and managers to run afoul of California’s wage and hour laws.  When a restaurant is short-staffed and busy, meal breaks and rest breaks sometimes are sacrificed to accommodate patrons.  While it is crucial to focus on food, drink, customers and costs in the restaurant business, it is equally as important to develop and maintain policies and procedures that ensure (and confirm) compliance with all applicable labor laws.

Kitchin Legal has developed wage and hour policies for a number of great restaurants in the Bay Area that are designed specifically to address the kinds of employment problems that arise in the food, beverage and hospitality industry.

Kitchin Legal also has prosecuted wage and hour lawsuits against poorly-managed restaurants whose lack of focus on employment issues has caused harm to their employees.

Representing both restaurant owners and employees in wage and hour lawsuit gives Kitchin Legal unique insights in an industry that is often plagued with violations, including:

  • The employee was denied meal and rest breaks;
  • The employee was required to work some amount of time off-the-clock;
  • The employee was denied minimum wages or overtime;
  • The employer failed to maintain mandatory records for each employee;
  • The employee was misclassified as an independent contractor; and
  • The employer failed to pay the employee all wages that were due when they left.

Employee wage and hour claims can be worth tens of thousands of dollars. In addition, in many cases attorneys’ fees are available to the employee if he or she proves the labor law violations occurred. Consequently, defending a single wage and hour case can cost a company in excess of $100,000 in attorneys’ fees and costs alone. A $20,000 wage claim can place a restaurant at risk of being ordered to pay many times as much in lawyer fees.  Learn more »

Whether you are a restaurant owner or a restaurant worker, Kitchin Legal can help.


Knowledge. Experience. Commitment.

When I first learned about the labor codes being violated by my employer, I had no idea what to do. My tips were being taken, I never received a legitimate lunch break, and I felt helpless.

Hard working, and attentive, I would recommend Kitchin Legal to anyone who needs help with their workplace situation.

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