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Minimum Wages

Generally, an employee is entitled to at least the Minimum Wage for all

“Hours Worked”

“Hours worked” generally includes all time during which the employee is subject to the control of the employer which is include all the time the employee is suffered or permitted to work, whether or not required to do so.

Minimum Wages

Exempt Employees Minimum Wages:

In addition to the other requirements to be exempted under overtime exemption such as (executive, administrative, and professional employees), there are minimum state and federal threshold salary requirement. As of January 1, 2017 California minimum salary is $43,680 ($10.50 X 2 X 40 hours X 52 weeks), twice the state’s current minimum wage of $10.50 per hour. State of California minimum salary requirement is subject to the locality minimum wages. Also, effective December 1, 2016, the new Federal minimum salary threshold is $47,476 under the new Federal Overtime Rule. In order to be exempted under from overtime pay under the “white collar” exemptions, the employee must be paid at least $47,476 by December 1, 2016.

CURRENT MINIMUM WAGES RATE

EFFECTIVE JANUARY 1, 2017 STATE OF CALIFORNIA MINIMUM WAGE WAGE RATE IS: $10.50.

THE CURRENT FEDERAL MINIMUM WAGE WAGE RATE IS: $7.25

LOCALITY MINIMUM WAGES, please below

 

State of California  Minimum Wage Increases
For any employer who employs 26 or more employees, the minimum wage shall be as follows:

Effective date of wage increaseMinimum Wage Rate
1)Starting January 1, 2017$10.50 per hour
2)Starting January 1, 2018$11.00 per hour
3)Starting January 1, 2019$12.00 per hour
4)Starting January 1, 2020$13.00 per hour
5)Starting January 1, 2021$14.00 per hour
6)Starting January 1, 2022$15.00 per hour

 

State of California Minimum Wage Increases
For any employer who employs 25 or fewer employees, the minimum wage shall be as follows:

Effective date of wage increaseMinimum Wage Rate
1)Starting January 1, 2017$10.00 per hour
2)Starting January 1, 2018$10.50 per hour
3)Starting January 1, 2019$11.00 per hour
4)Starting January 1, 2020$12.00 per hour
5)Starting January 1, 2021$13.00 per hour
6)Starting January 1, 2022$14.00 per hour
7)Starting January 1, 2023$15.00 per hour

Local Minimum Wage Increases
Part I

Berkeley$11.00 ($12.53 on 10/1/16)
El Cerrito$11.60 on 7/1/2016 ($15.00 by 2019)
Emeryville$14.44 (55 or more) /$12.25 (less than 55)
Long Beach (Hotels)$13.80
Long Beach City$10.50 on 1/1/17 if 26 or more; 1/1/18 if 25 or less ($15 by 2021)
Los Angeles (Hotels)$15.37
Los Angeles County$10.50 on 7/1/16 if 26 or more; 7/1/17 if 25 or less ($15 by 2020 if 25 or more; $15 by 2021 if less 25)
Malibu$10.50 on 7/1/16 if 26 or more; 7/1/17 if 25 or less

 

Local Minimum Wage Increases
Part II

Mountain View$11.00 ($15.00 by 2018)
Oakland$12.55
Palo Alto$11.00
Pasadena$10.50 on 7/1/16 if 26 or more; 7/1/17 if 25 or less
Richmond$11.52; $12.30 on 1/1/17
Sacramento$10.50 on 1/1/17 if 101 or more; 1/1/18  if 100 or less
San Diego$10.50 as of 7/11/16; $11.50 on 1/1/17
San Francisco$12.25 ($13.00 on 7/1/16 and $15.00 by 2018)
San Jose$10.30
Santa Clara$11.00
Santa Monica$10.50 on 7/1/16 if 26 or more; 7/1/17 if 25 or less
Sunnyvale$11 on 7/1/16; $13 on 1/1/17

Prior State of California Minimum Wage Rate

1)Effective date of wage increaseMinimum Wage Rate
2)Starting January 1, 2016$10.00 per hour
3)Starting July 1, 2014$9.00 per hour
4)Starting January 1, 2008$8.00 per hour
5)Starting January 1, 2007$7.50 per hour
6)Starting January 1, 2002$6.75 per hour

 

 


WHAT ARE THE EXCEPTIONS TO THE GENERAL MINIMUM WAGE REQUIREMENTS?

There are some exceptions to the minimum wage requirement, including:

1.    Family employees such as parent, spouse, or child of the employer, employed by self employed person, not corporation owned by the family member.

employment contract

2.    Learners must be paid not less than 85% of the minimum wage regardless to their ages.

3.    Nonprofit organizations such as sheltered workshops or rehabilitation facilities that employ mentally and/or physically disabled workers may be issued a special license by the Division of Labor Standards Enforcement authorizing employment at a wage less than the legal minimum wage.

 

AGREEMENT BETWEEN EMPLOYER AND EMPLOYEE TO PAY LESS THAN MINIMUM WAGE IS INVALID

Employers cannot make agreements with employees to pay the employees below the minimum wage. These agreements are in violation the law and against public policy, and are, therefore, not legally enforceable. Paying the employees at least the minimum wage is a legal obligation required of the employer and cannot be waived by any agreements, including collective bargaining agreements.

Further, tips are independent and in addition to the employer’s obligation to pay minimum wages. An employer may not use customers tips received by employees as a credit to reduce its obligation to pay the employee minimum wage.

If Your Employer Is Paying You Below Minimum Wage

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