KJ McElrath  |  July 29, 2019

Category: Labor & Employment

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piggy bank with minimum wageThe minimum wage in California can vary, depending upon the city in which you live and work as well as the size of your employer’s company.

Currently, California’s minimum wage is $11 per hour, which is substantially more than the federally-mandated minimum wage of $7.25 – a figure that has not increased since 2009 according to the Department of Labor. Because of stagnating wages in the face escalating living costs, a vast number of people live in poverty despite working a full time job (and in many cases, two and three). Because of this, there has been growing political pressure to raise the federal minimum wage to $15.

Progressive states like California are moving ahead with guaranteeing working people a livable wage. Bay Area cities such as San Francisco and San Jose have already established a $15 an hour minimum wage, with other California communities ready to follow suit over the next 1-2 years.

Will the Minimum Wage in California Rise?

The answer is yes – eventually. A mandated minimum wage of $15 per hour is scheduled to go into effect statewide for all employers beginning on Jan. 1, 2023 according to the Sacramento Bee. California’s current minimum wage of $11 per hour applies only to small businesses employing 25 or fewer workers; those who have 26 or more must pay $12 per hour. This figure will increase by $1 a year until the new $15 wage goes into effect.

Are There Exceptions?

California’s minimum wage law
does provide for a “training” wage for workers who are new to a given occupation and have no previous experience. These workers may be paid no less than 85 percent of the prevailing minimum wage during their first month or 160 hours of employment.

There is also an exception for disabled workers who are employed by non-profit organizations. These organizations, which include sheltered workshops and rehabilitation centers, must obtain a special license from the state Division of Labor Standards in order to legally pay such workers less than the minimum wage in California.

What About Tipped Workers?

Legally, restaurants, hospitality facilities and other establishments where workers regularly receive tips from patrons may not credit those tips against their employee’s minimum hourly wage.

Are Minors Exempt From Minimum Wage?

California labor laws make no distinction between adult workers and minors who are at least 16 years of age.

What Can I Do if My Employer Refuses to Pay Minimum Wage?

You may want to start by filing a wage claim with the Division of Labor Standards Enforcement (DSLE). Once a claim is filed regarding failure to pay minimum wage and its validity is established, there will be a conference in order to attempt to resolve the issue. If this fails, the case will be referred to an official hearing.

You also have the option of filing a civil lawsuit to recover your lost wages.

Join a Free California Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

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