Legal Question in Employment Law in California

My band has been asked to play in a Santa Monica restaurant. The owner only offers tips or a cut of the food. But he wants us to play for 4 hours, even if no one comes in and buys food. That would mean little to nothing for the band. Several bands voluntarily do it, but is this legal?


Asked on 4/01/14, 3:15 pm

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

As with most bands, you are free to negotiate any terms you wish. Bands with more of a following can command a better deal. Bands who are not yet established will even perform for free, for the exposure and so they can sell their own merchandise. If you believe the restaurant is not offering you a fair deal, don't take it. This is a tough business to be in, as you will find out.

But you are not an employee of the restaurant, so they do not have to pay you minimum wages.

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Answered on 4/01/14, 4:07 pm
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

Yes, it is legal. The owner of the restaurant is giving your band an opportunity to be seen. You will also be able to make some money. If you want more, ask for more. If the owner wants you that badly, and you can demonstrate that you will bring in customers, then he might give you more. More than likely, the owner can find any number of bands that are willing to work for tips.

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Answered on 4/02/14, 8:30 am
Kristine Karila Law Office of Kristine S. Karila

As independent contractors (not employees unless the business controls the way you perform your work, etc.) you can accept or deny the offer or negotiate a better one. It is always best to have a written contract if you are performing for pay, tips, etc.

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Answered on 4/02/14, 10:56 am


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