I recently started a new job in food service to help with bills. I’m a little concerned with how things are done around the business.
I live and work in the USA. California to be exact. I know most of the labor laws and I know for sure, if my paycheck doesn’t reflect how many hours I should legally get paid, that this new job is already stealing wages. But, I have a few questions if anyone knows the answer to this type of situation.
So, these past two days I’ve worked over 6 hours and hadn’t received a 30 minute meal period for either day. In California, from what I remember, if during any 5+ hour shift a meal period is not provided that employee should receive an extra hour of wages. I never signed a document stating I would wave my lunch, so I should get that extra hour for both days. I’ll find out if I’m actually getting that extra hour or not on my paycheck.
I’ve also been there a week and haven’t received any documents to fill out or sign. No tax forms or anything. They also didn’t get any information that all of my other jobs needed, like my ID or my social security number. So, how they are going to take taxes out of my wages, I have no idea.
The thing that I’m really confused about is one supervisor said that if I’m ever to call out, tips will not be given to me. It’s a tip pooling system, so everything goes into a single pot and they’re spread out between everyone depending on how many hours are being worked by everyone. Tips are also only given quarterly, so, every three months you’re given tips. Is it legal to be denied tips as a punishment? Technically the business owner won’t be taking them, instead the employee that calls out will be left out of the tip pool. It doesn’t sound legal. If anyone has any document for the law about tips for this circumstance, I’d appreciate it. Finding information for this situation has been hard since most things I’ve read are about the employer keeping the tips instead of what is actually going on, which is redistributing them among other employees instead.
It’s a franchise, and the franchise owner owns two locations in my area. I doubt that matters for the issues I’m seeing, but I’m just not sure.