Employment Law Attorneys – Fighting for Fairness and Justice in the Workplace
As of Jan. 1, 2022, for employers of 26 or more employees, the California state minimum wage is $15 per hour; for employers of 25 or fewer employees, minimum wage is $14 per hour. This means that as of Jan. 1, 2022, exempt employees in California must be paid a minimum of $62,400 annually for employers of 26 or more employees; and $58,240 annually for employers of 25 or fewer employees.
“Living wage ordinances” in various locales within the state have been enacted, so local standards should be confirmed to ensure compliance with all governing wage requirements.
Additionally, “Learners” – those working in occupations in which they have no previous similar or related experience – may be paid at 85 percent of minimum wage during the first 160 hours of employment. Employers will have the burden to establish the “Learner” status of the employee.
Covered exempt computer professional employees must be paid a minimum of $50 per hour, or $104,149.81 in annual salary.
May an employee agree to work for less than the minimum wage?
No. The minimum wage is an obligation of the employer and cannot be waived by any agreement, including collective bargaining agreements. Any remedial legislation written for the protection of employees may not be violated by agreement between the employer and employee. Civil Code Sections 1668 and 3513.
Is the minimum wage the same for both adult and minor employees?
Yes. There is no distinction made between adults and minors when it comes to payment of the minimum wage.
I work in a restaurant as a waitperson. Can my employer use my tips as a credit toward its obligation to pay me the minimum wage?
No. An employer may not use an employee’s tips as a credit toward its obligation to pay the minimum wage.
What can I do if my employer doesn’t pay me at least the minimum wage?
You can either file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner’s Office) or file a lawsuit in court against your employer to recover the lost wages. Additionally, if you no longer work for this employer, you can make a claim for the waiting time penalty pursuant to Labor Code Section 203.
What can I do if my employer retaliates against me because I questioned him about not being paid the minimum wage?
If your employer discriminates or retaliates against you in any manner whatsoever, for example, he discharges you because you asked him why you weren’t being paid the minimum wage, or because you file a claim or threaten to file a claim with the Labor Commissioner, you can file a discrimination/retaliation complaint with the Labor Commissioner’s Office. Alternatively, you can file a lawsuit in court against your employer.
Labor Lawyers in California
We have experienced Employment Lawyers who work diligently to fight for your rights. Our Lawyers have been in your shoes as employees during their lives. Their ability to relate to and understand what you are going through fuels their passion to aggressively litigate your case and get you results.
If you believe your rights as an employee in California have been violated, call us at (858) 365-9722 or contact us online for a free consultation and comprehensive case evaluation.