Minimum Wage 2018-09-20T21:41:56+00:00

CALIFORNIA MINIMUM WAGE LAW ATTORNEY

Wages Concept. Folders in Catalog.

Most employers in California must pay their employees a minimum wage for each hour worked and are subject to both federal and state minimum wage laws. Cities and counties are allowed to enact their own minimum wage rates and some have adopted ordinances which establish a higher minimum wage rate for employees in their jurisdiction.

The minimum wage is an obligation of the employer and cannot be waived by agreement, such as collective bargaining agreements or waiver. If an employee has agreed to work for less than minimum wage, they can still file a lawsuit to recover their wages. Effective January 1, 2017, the minimum wage for all industries will be increased annually. This increase is delayed by one year for employers with 25 or fewer employees, from January 1, 2018, to January 1, 2023. The scheduled increases may be also be temporarily suspended by the Governor, based on certain determinations.

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Starting January 1, 2017, minimum wage is set to increase to $10.50 per hour for all hours worked by employee of companies with 26 or more employees. Companies with 25 or less employees will continue to be allowed to pay minimum wages of $10.00 per hour.

Starting January 1, 2018, minimum wage is set to increase to $11.00 per hour for all hours worked by employee of companies with 26 or more employees. Companies with 25 or less employees will pay minimum wages of $10.50 per hour.

Starting January 1, 2019, minimum wage is set to increase to $12.00 per hour for all hours worked by employee of companies with 26 or more employees. Companies with 25 or less employees will pay minimum wages of $11.00 per hour.

The minimum salary for exempt employees – such as managers, executive, administrative and professionals exempt from overtime compensation – must be at least double minimum wage. If such an employee is not paid the appropriate wage, their remedy is not to file a minimum wages claim, but rather, sue for their overtime. The failure to pay twice minimum wage will destroy the overtime exemption, if any, for the employee.

Employees can suffer a minimum wage violation if they are working off the clock or not being paid for all hours worked. Employees are entitled to the minimum wage for each hour worked. If an employer fails to pay the minimum wage, they are liable for additional wages under Labor Code Section 1194. “An employee shall be entitled to recover liquidated damages in an amount equal to the wages unlawfully unpaid and interest thereon.”

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