Minimum Wage Disputes Lawyer | Los Angeles & California
California Unpaid Minimum Wage Attorney: Representing employees throughout California in claims for recovery of unpaid minimum wages.
Has your employer failed to pay you minimum wage?
Many employees in California are unaware of the fact that they are entitled to receive a minimum wage for the work that they perform. Unfortunately, there are also numerous employers in California who seek to take advantage of undocumented and low-income workers by paying them wages that fall far below state or federal minimum wage requirements.
What is the minimum wage in California?
In California, the minimum wage (effective 7/1/14) is $9.00 per hour. However, this minimum wage will be increased to $10.00 per hour (effective 1/1/16.) It should be noted that some cities, such as San Francisco, require their employers to pay a slightly higher minimum wage.
What is the minimum wage under federal law?
The federal minimum wage (as of 7/24/09) is $7.25 per hour.
Which minimum wage applies to California employees?
California state minimum wage laws ($9.00 per hour effective 7/1/14, increasing to $10.00 per hour effective 1/1/16) apply to California employees.
As with other areas of employment law in California, employers must comply with both federal and state law. However, where a conflict exists between federal and state laws, an employee may avail himself, or herself, of whichever law provides the greatest degree of protection to the employee. In California, the law requires that the state minimum wage be at least equal to that of the federal minimum wage. Consequently, California’s minimum wage will always be equal to, or greater than, the federal minimum wage and thus will be the prevailing law.
Can employees “waive” their right to receive the minimum wage?
No, employees are not permitted to “waive” (give up) their entitlement to receive the minimum wage. For example, even if a worker “agreed” to receive an hourly rate that was less than the minimum wage, the consent of the worker would not negate the employers’ legal obligation to pay the worker a minimum wage. Consequently, the worker’s right to subsequently recover the unpaid minimum wages from the employer would be preserved, notwithstanding the worker having previously agreed to receiving a lesser wage.
How are unpaid minimum wages calculated?
Under the California Labor Code §1194.2 California employees who have been paid less than minimum wage, may pursue recovery of “liquidated damages” consisting of the amount of the unpaid minimum wages in addition to interest thereon. These claims for liquidated damages must be brought within the same period of limitations as the action for wages from which they arise.
There are various exceptions and other considerations that require careful analysis in determining entitlement to the minimum wage. You are advised to consult an attorney for specific advice regarding your individual circumstances. We welcome your calls on (800) 805-4002 and invite you to schedule a free initial consultation with our California minimum wage employee rights attorney.
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