Minimum Wage

California has a number of regulations to protect employees including regulations related to wage and hour issues. One of these rules is its minimum wage law. As of January 1, 2017, the minimum wage in California is $10.50/hour. In some California cities, the minimum wage is even higher. This minimum hourly wage is significantly higher than the federal minimum age which is $7.25. Unlike many other states California’s minimum wage applies to tipped employees as well. Despite California’s strict rules, employers regularly violate minimum requirements causing employees financial distress. If you are in need of an employment lawyer because you believe your employer has violated California’s minimum wage rules, it is important that you contact an experienced Los Angeles Minimum Wage Lawyer who will review the facts of your case and who will help you receive compensation to which you are entitled.

Under California law as of January 1, 2017, employers must pay employees at least $10.50 per hour. On July 1, 2016, for Los Angeles the minimum wage for employers with at least 25 employees increased to $10.50. However, employers routinely violate this requirement in a number of different ways.

• Paying the federal minimum wage. The federal minimum wage is significantly lower than California’s minimum wage. Some employers pay employees the federal minimum wage in violation of state law. Or, employers pay the state minimum wage when they should be paying the higher city minimum wage
• Paying salaried employees less than the minimum wage. The minimum wage law applies not just to hourly employees, but also to salaried employees. For salaried employees, a $10.50/per hour minimum wage is equal to $21,840 per year. Thus, if an employer pays an employee a salary of $19,000 per year, that would be a violation of the minimum wage rule.
• Paying few hours than worked. If an employer fails to pay an employee for all hours worked, then the employer may be in violation of the minimum wage requirement as well as other wages and hours rules. For example, employers sometimes tell employees to clock out, but then require the employees to continue working.

According to the Fair Standards Labor Act (FLSA), a tipped employee is one who regularly receives more than $30 in tips on a monthly basis. Such employees are generally restaurant and bar servers, and bellhops. Under federal law and under laws of many states, employers can pay a lower minimum wage to tipped employees as long as the employees make enough in tips to bring their total hourly earnings up to at least minimum wage. If an employee does not earn enough in tips, then the employer must make up the difference.

California’s hours and wage law is different. In California, employers must pay tipped employees the full state or local minimum wage in addition to their tips. Some employers attempt to skirt the law by paying tipped employers a lower minimum wage.

Under California law, employers must pay an employee time and a half after that employee has worked 8 hours in a day and after 40 hours worked in a week. After 12 hours worked in a day the employee must get paid double time. Overtime pay rules apply only to non-exempt employees. Common ways employers attempt to get away with failing to pay employees overtime include asking employees to “clock out” before finishing their shifts, asking employees to work through breaks and lunch, and misclassifying an employee as exempt.

Employers violate hours and wage requirements in many other ways, including failing to allow employees to take rest breaks and meal breaks as required by law, failing to reimburse employees for work-related expenses, and failing to allow employees to take accrued vacation time or vacation pay.

If you believe your employer has violated your rights under California’s wage laws by paying your less than minimum wage, it is important that you talk to an experienced employment lawyer right away as you may be entitled to receive compensation. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving wage-and-hour claims, employment discrimination and other employment law violations. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.