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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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My son has been working as a waiter at a local restaurant here.

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My son has been working as a waiter at a local restaurant here. The owner was drinking last night and walked into the kitchen and saw my son asking the chef a question. He mistakenly thought they both were not working and took his hand and shoved them both in the chest and yelled obscenities accusing them of not working. He threatened them both with their jobs and that "one of them was going home". He was screaming so loud the customers heard also. He shoved my son twice. This man does not allow the workers to have 10 minute breaks every four hours, there is no employee break area and even if they work 10 hours a day there is no break period for food breaks. When he has them working to set up for his catered events he pays them in cash. What is my son's recourse to this type of behavior?
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Your son was assaulted by his manager, so he should file a police report against the manager for assault. He oculd also file civil suit against the manager for assault, but if he wasn't injured by the assault, he'd be unlikely to receive any monetary judgment from it.

However, he is definitely entitled to wage penalties for not receiving his required 10 minute breaks ever 4 hours or his meal break under California law.

He should file a wage claim against his employer with the Divsiion of Labor Standards Enforcemtn of the Department of Industrial Relations, which he can do using the forms available online here:
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

Does he have any recourse to demand these things not happen in order to try to keep his job? His job varies from part time to full time hours. He needs his job but can't work under those conditions.

Yes, he would be protected from retaliation for filing a wage claim against his employer, and he would have a cause of action against his employer for wrongful termination in violation of public policy if he is disciplined and/or terminated for filing a wage claim.

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