![]() Additionally, if they no longer work for this employer, workers can include in their claim waiting time penalties pursuant to Labor Code Section 203. Workers can either file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner's Office), or file a lawsuit in court against the employer to recover the lost wages. What can a worker do if their employer does not pay at least the minimum wage? An employer may not use an employee's tips as a credit toward its obligation to pay the minimum wage per hour. If a worker also gets paid tips, can an employer use the tips as a credit toward the obligation to pay the minimum wage? Unless another exemption applies as detailed in question 4, employers must pay all employees at least the minimum wage per hour. There is no distinction made between adults and minors when it comes to payment of the minimum wage.ĭoes an employer have to pay the minimum wage if they only have one employee? Is the minimum wage the same for both adult and minor employees? Any remedial legislation written for the protection of employees may not be violated by agreement between the employer and employee. The minimum wage is an obligation of the employer and cannot be waived by any agreement, including collective bargaining agreements. May an employee agree to work for less than the minimum wage? Such individuals with licenses may have their licenses renewed and organizations may be issued a special license by the Division of Labor Standards Enforcement authorizing employment at a wage less than the legal minimum wage but only until January 1, 2025. There are also exceptions for employees who are mentally or physically disabled, or both, and for nonprofit organizations such as sheltered workshops or rehabilitation facilities that employ disabled workers. There is an exception for learners, regardless of age, who may be paid not less than 85 percent of the minimum wage rounded to the nearest nickel during their first 160 hours of employment in occupations in which they have no previous similar or related experience. There are some employees who are exempt from the minimum wage law, such as outside salespersons, individuals who are the parent, spouse, or child of the employer, and apprentices regularly indentured under the State Division of Apprenticeship Standards. What are some exceptions to paying at least the minimum wage per hour? Similarly, if a local entity (city or county) has adopted a higher minimum wage, employees must be paid the local wage where it is higher than the state or federal minimum wage rates. Thus, since California's current law requires a higher minimum wage rate than does the federal law, all employers in California who are subject to both laws must pay the state minimum wage rate unless their employees are exempt under California law. The effect of this multiple coverage by different government sources is that when there are conflicting requirements in the laws, the employer must follow the stricter standard that is, the one that is the most beneficial to the employee. See the list of City and County minimum wages in California maintained by UC Berkely. Also, local entities (cities and counties) are allowed to enact minimum wage rates and several cities have recently adopted ordinances which establish a higher minimum wage rate for employees working within their local jurisdiction. Most employers in California are subject to both the federal and state minimum wage laws. What is the difference between the local, state and federal minimum wage? Minimum Wage for Employers with 26 Employees or More Minimum Wage for Employers with 25 Employees or Less Starting in 2017, California started a phase-in schedule to reach the $15 minimum wage for all employers. Instead, there are provisions in IWC Order 14-2007, Sections 10(F), (G) and (H)) that apply to sheepherders and goat herders with respect to monthly meal and lodging benefits required to be provided by the employer. Wages paid to sheepherders and goat herders may not be offset by meals or lodging provided by the employer. The minimum monthly salary for sheepherders and goat herders is specially set under IWC Wage Order 14-2001. Effective January 1, 2023, the minimum monthly salary for sheepherders and goat herders increases to $2,755.48 per month for all employers. The minimum wage rates applicable in recent years can be found in the IWC wage orders. There is a list of City and County minimum wages in California maintained by UC Berkeley. Some cities and counties have higher minimum wages than the state’s rate. Effective January 1, 2023, the minimum wage is $15.50 per hour for all employers.
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