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  • Posted By Sirmabekian
  • 2022

Wondering what is the minimum wage in California? According to state law, employees in California must be paid the minimum wage. As of January 1, 2017, the minimum wage for all industries will be raised yearly in accordance with legislation signed into law. However, the Governor has the authority to temporarily delay scheduled wage increases in specific circumstances, such as an economic slowdown. Penalties may be imposed for violations of minimum wage laws. If you’re a victim of minimum wage violations, you can seek compensation from your employer.

What is the minimum wage in California?

As of January 1, 2022, the minimum wage is $14 per hour for companies with 25 employees or less and $15 per hour for companies with 26 employees and above. The minimum wage will be adjusted on an annual basis.

Can an employee agree to work for less than the minimum wage?

You cannot agree to work for less than the minimum wage. Your employer is obligated to pay you the minimum wage and this cannot be overwritten by any agreement. You cannot waive your rights to receive a minimum wage, nor can your employee request you to do so.

Is the minimum wage applicable to both adult and minor employees?

The minimum wage applies to both adult and minor employees. There is no difference between adults and minors when it comes to minimum wages.

What should I do if my employer doesn’t pay me the minimum wage?  

If your employer does not pay you the minimum wage, there are two actions you can take. You can file a wage claim with the Labor Commissioner’s Office or file a lawsuit against your employer to recover your lost wages. In addition, if you are no longer working for this employer, you can file a claim for the waiting time penalty.

What should I do if my employer retaliates against me because I asked him to pay me the minimum wage?

In the event that your employer retaliates or discriminates against you in any way, such as firing you because you inquired about why you were not paid the minimum wage or because you wanted to submit a claim to the Labor Commissioner, you have the right to sue your employer or file a report with the Labor Commissioner’s Office.

Is it legal for my employer to use my tips to offset his obligation to pay me the minimum wage?

Your employer cannot credit your tips as part of your minimum wage. Employees who receive tips are not exempted from the minimum wage laws.

Can I be compensated if my employer fails to pay me the minimum wage?

If your employer fails to comply with the minimum wage laws, you may be able to file an unpaid wage claim. Depending on the circumstances of your case, you may need to make the claim with a specific agency first. An attorney specializing in wage law can guide you on the steps to take.

At Sirmabekian Law Firm, our experienced attorney can advise you of your rights and available options and will help you seek compensation from unlawful employers. Contact us to find out more.

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