employee parking issues

[Efrain Cornejo]

I work in a bistro in La Jolla, CA. Restaurants work under a seperate field of laws, because waiters and waiteresses seem to have few guaranteed rights as employees. However, one issue has begun to rise that has perked my interest. The employees of the restaurant do not have any type of parking space. We park our cars on a dark street out front. Thieves have recently noticed the employees cars, this has led to a wave of stolen property. Although this is costly, it is mild compared to an armed robbery, or worse. I have asked the managers of the store to consider a night watchmen, or invest in some parking spaces before a grave situation occurs, but nothing has changed. Cars are still being broken into. Do employees have the right to a safe parking enviroment while they are at work?

 

[Attorney_Replogle]

In my opinion, as a California attorney, the state does not mandate that employers pay for parking lots or parking spaces for employees. Further, in the scenario that you described, the law would not mandate that the employer provide a safe enviornment on the land where its employees park their cars. For the employer does not own, lease, rent or otherwise have any control over the area where its employees park their cars. If the employer did have some control, then there could possibly be a duty upon the employer to provide for safe parking. However, such a duty has usually been understood to protect the employees from bodily harm, not to protect their personal property within the vehicles.

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Mark B. Replogle