Working in a restaurant can be fast-paced and demanding, but you have important legal protections under California law.
California is known for its strong worker protection laws, which safeguard restaurant employees’ pay, breaks, and right to be free from discrimination and harassment.
These protections help make sure you’re treated with respect on the job. Wage theft, missed breaks, and illegal tip-pooling practices happen more often than you might think, especially in busy kitchens and dining rooms. Knowing your rights can help you spot problems early and take action before something costs you money or puts your job at risk.
Whether you’re a server, bartender, cook, dishwasher, or a manager who spends most of the day doing hands-on work, understanding California’s labor laws is the first step toward protecting yourself.
- Minimum Wage and Overtime Matter for Your Pay
California’s minimum wage is higher than the federal rate. As of January 1, 2026, the statewide minimum wage is $16.90 per hour. For fast food workers, it’s $20 per hour.
In some cities—like San Francisco and Los Angeles—the minimum wage is even higher.
The vast majority of restaurant workers are eligible for overtime when you work long hours. The legal term for this is non-exempt, because some employees are exempt from overtime.
When you’re eligible for overtime, you should get:
- Time and a half (1.5 times your regular hourly wage) for any hours worked beyond eight per day or 40 per week;
- Double time (two times your regular hourly wage) for any hours worked beyond 12 per day;
- Double time for any hours worked beyond eight in one day if you’ve worked seven or more days in a row.
Restaurant managers may still qualify for overtime because California law looks at your duties—not your title. If you spend most of your day bussing tables, cooking, or doing other hands-on work, you may be eligible for overtime even if you’re labeled “exempt.”
- Meal and Rest Breaks Help You Refresh
You have the right to a 30-minute unpaid meal break if you work more than 5 hours, and a second meal break if you work over 10 hours. You also get paid 10-minute rest breaks for every 4 hours worked.
If your employer doesn’t provide these breaks, they must pay you one extra hour of wages for each day you miss a break. This is called a “premium pay” penalty.
During busy shifts, many workers skip breaks. If you feel pressured to work without taking breaks, that may be a violation.
- Your Tips Are Yours
Tips belong to you—not your employer. California law prohibits managers or owners from taking any portion of your tips.
Employers can require tip pooling—sharing tips among staff—but it’s limited to employees who provide direct service, like servers, bussers, and bartenders. It also may include employees who are part of the chain of service, which can permit dishwashers and cooks to receive a cut. However, who exactly can share in a tip pool often depends on the details of the situation. If you suspect that your employer isn’t following the law, talk to an experienced attorney.
Unlike most other states, California does not have a separate “tipped minimum wage.” That means employers in California must pay restaurant workers the same minimum wage as non-tipped workers. Employers cannot pay you less than minimum wage based on the assumption that tips will make up the difference.
- No Discrimination, No Harassment
Some people say the customer is always right, but relying on tips doesn’t mean you have to put up with mistreatment.
You’re protected from discrimination and harassment based on race, gender, religion, sexual orientation, and more under California’s Fair Employment and Housing Act. This protection applies not only to your employer and coworkers’ conduct, but to customers too.
For example, it’s illegal for an employer to refuse to schedule you for lucrative shifts because you have an accent, or to ban religious head coverings.
Sexual harassment on the job is also illegal. Your employer is obligated to prevent harassment by coworkers or customers, such as:
- Slurs about your gender, gender identity, or sexual orientation
- Inappropriate questions about your dating life
If you report harassment or discrimination, your employer cannot retaliate against you. Retaliation—like cutting your hours or assigning less lucrative shifts—is illegal.
- Reimbursement for Work Expenses
California requires employers to reimburse employees for expenses that are necessary for their jobs. Keeping receipts helps build a record of what you spent, and when.
Common examples include:
- Uniforms and nonslip shoes if they’re part of the dress code;
- Laundry costs if uniforms require special cleaning;
- Tools and equipment like knives, wine bottle openers, aprons, or other items you need to use;
- Cell phone use for scheduling apps and text messages;
- Mileage or transportation costs if you make deliveries or run errands with your personal vehicle;
- Certification fees if you need alcohol or food service training;
- Electronic payment processing fees if customers leave tips on their credit cards or via an app.
It’s not only fair that your employer has to cover its business expenses—it’s the law. Reimbursement rules ensure you aren’t on the hook.
What to Do If Your Employer Violates Your Labor Rights
Knowing your rights helps you protect your paycheck and your dignity. If your employer isn’t following the law, or if it feels like you aren’t being treated fairly due to your gender, race, or another protected characteristic, don’t ignore it. California has strong employee protection laws.
Start by documenting everything—dates, hours worked, missed breaks, and any conversations with management.
When issues arise at work, an experienced employment attorney can help you make informed decisions and stand up for your rights.
Outten & Golden has extensive experience advocating for restaurant workers in California. If you’re unsure what to do next, contact us for a confidential consultation. Our client intake team is available to speak to you Monday to Friday, 8:30am to 9pm, eastern time.
