Minimum wage attorney
WHAT IS CALIFORNIA’S MINIMUM WAGE?
Effective January 1, 2016, the minimum wage as required by California law is $10.00 per hour. Below is the minimum wage rate since 2002.
Effective date of wage increase The minimum wage amount
|January 1, 2016||$10.00|
|July 1, 2014||$9.00|
|January 1, 2008||$8.00|
|January 1, 2007||$7.50|
|January 1, 2002||$6.75|
WHAT ARE THE EXCEPTIONS TO THE GENERAL MINIMUM WAGE REQUIREMENTS?
There are some exceptions to the minimum wage requirement, including:
- Outside salespersons.
- Family employees such as parent, spouse, or child of the employer, employed by self employed person, not corporation owned by the family member.
- Learners must be paid not less than 85% of the minimum wage regardless to their ages.
- 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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