My sisters job is making her clock out of her server shift and clock into a “side work” shift that’s less pay?

r/

Location: California
My sisters job (she works at a restaurant and is a server) just implemented a bunch of new rules, one of them being that they have to clock out of their serving shift and clock into a “side work” shift that’s less money an hour. Is this legal?? They are implementing a bunch more rules that are weird but this one has me confused and concerned.

Comments

  1. T1MM3RMAN Avatar

    That makes no sense. Servers in CA are already making minimum wage in probably 99.9% of places. They can’t pay less than that. And she can’t count her tips into them “paying her less” per hour.

  2. Lintree Avatar

    IANAL, but used to work at a restaurant. Servers usually make less because they are tipped employees, so restaurants would load servers with side work and pay less overall. Of course, this led to a court case, and so they implemented rules that servers can only do certain jobs while clocked in as server, and all others while under a minimum wage earning job code. So… yes, they can make servers do certain work under a different job code.

  3. chuckfr Avatar

    At what point is she clocking out and back in on this other shift? Is it her putting in, for example, her 8 hours then picking up a 4 hour shift as side work/overtime?

    If its her choice to work some extra hours this could be an interesting situation and legal challenge. She’s done her full time job and is, for all practical purposes, working a second job at the same place.

    If the boss is saying “You worked 8 hours at ‘Rate 1’ and I need you to stay for 4 more at ‘Rate 2′” then that is, in my analysis, illegal.

    (I’m not a lawyer)

  4. Mogling Avatar

    It’s weird that side work is less per hour, but that is not relevant. As long as both rates are above minimum wage then I believe this is legal. They are different job duties. If this new side work rate is lower than what she was getting paid before there could be a constructive dismissal play for unemployment, but only if your sister wants to leave.