Minimum wage attorney
WHAT IS CALIFORNIA’S MINIMUM WAGE?
Generally, an employee is entitled to at least the Minimum Wage for all “Hours Worked”
“Hours worked” generally includes all time during which the employee is subject to the control of the employer which includes all the time the employee is permitted to work, whether or not required to do so.
Exempt Employees Minimum Wages:
In addition to the other requirements to be exempted under overtime exemption such as (executive, administrative, and professional employees), there are minimum state and federal threshold salary requirements. As of January 1, 2019, California minimum salary for employers with less than 25 employees is $45,760 ($11.00 X 2 X 40 hours X 52 weeks), twice the state’s current minimum wage of $11.00 per hour. State of California minimum salary requirement is subject to the locality minimum wages. Also, effective December 1, 2016, the new Federal minimum salary threshold to be exempted from overtime is $679.00 per week under the new Federal Overtime Rule.
CURRENT MINIMUM WAGES RATE
EFFECTIVE JANUARY 1, 2021 STATE OF CALIFORNIA MINIMUM WAGE RATE IS $13.00 IF THE EMPLOYER HAs 25 OR LESS EMPLOYEES AND $14.00 IF THE EMPLOYER HAS 26 OR MORE EMPLOYEES.
THE CURRENT FEDERAL MINIMUM WAGE WAGE RATE IS: $7.25
LOCALITY MINIMUM WAGES, please see below
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State of California Minimum Wage Increases |
||
| For any employer who employs 26 or more employees, the minimum wage shall be as follows: | ||
| Effective date of wage increase | Minimum Wage Rate | |
| 1) | Starting January 1, 2017 | $10.50 per hour |
| 2) | Starting January 1, 2018 | $11.00 per hour |
| 3) | Starting January 1, 2019 | $12.00 per hour |
| 4) | Starting January 1, 2020 | $13.00 per hour |
| 5) | Starting January 1, 2021 | $14.00 per hour |
| 6) | Starting January 1, 2022 | $15.00 per hour |
| State of California Minimum Wage Increases | ||
| For any employer who employs 25 or fewer employees, the minimum wage shall be as follows: | ||
| Effective date of wage increase | Minimum Wage Rate | |
| 1) | Starting January 1, 2017 | $10.00 per hour |
| 2) | Starting January 1, 2018 | $10.50 per hour |
| 3) | Starting January 1, 2019 | $11.00 per hour |
| 4) | Starting January 1, 2020 | $12.00 per hour |
| 5) | Starting January 1, 2021 | $13.00 per hour |
| 6) | Starting January 1, 2022 | $14.00 per hour |
| 7) | Starting January 1, 2023 | $15.00 per hour |
| Local Minimum Wage Increases | ||
| Part I | ||
| Berkeley | $11.00 ($12.53 on 10/1/16) | |
| El Cerrito | $11.60 on 7/1/2016 ($15.00 by 2019) | |
| Emeryville | $14.44 (55 or more) /$12.25 (less than 55) | |
| Long Beach (Hotels) | $13.80 | |
| Long Beach City | $10.50 on 1/1/17 if 26 or more; 1/1/18 if 25 or less ($15 by 2021) | |
| Los Angeles (Hotels) | $15.37 | |
| Los Angeles County | $10.50 on 7/1/16 if 26 or more; 7/1/17 if 25 or less ($15 by 2020 if 25 or more; $15 by 2021 if less 25) | |
| Malibu | $10.50 on 7/1/16 if 26 or more; 7/1/17 if 25 or less | |
| Local Minimum Wage Increases | ||
| Part II | ||
| Mountain View | $11.00 ($15.00 by 2018) | |
| Oakland | $12.55 | |
| Palo Alto | $11.00 | |
| Pasadena | $10.50 on 7/1/16 if 26 or more; 7/1/17 if 25 or less | |
| Richmond | $11.52; $12.30 on 1/1/17 | |
| Sacramento | $10.50 on 1/1/17 if 101 or more; 1/1/18 if 100 or less | |
| San Diego | $10.50 as of 7/11/16; $11.50 on 1/1/17 | |
| San Francisco | $12.25 ($13.00 on 7/1/16 and $15.00 by 2018) | |
| San Jose | $10.30 | |
| Santa Clara | $11.00 | |
| Santa Monica | $10.50 on 7/1/16 if 26 or more; 7/1/17 if 25 or less | |
| Sunnyvale | $11 on 7/1/16; $13 on 1/1/17 | |
| Prior State of California Minimum Wage Rate | ||
| Effective date of wage increase | Minimum Wage Rate | |
| 1) | Starting January 1, 2016 | $10.00 per hour |
| 2) | Starting July 1, 2014 | $9.00 per hour |
| 3) | Starting January 1, 2008 | $8.00 per hour |
| 4) | Starting January 1, 2007 | $7.50 per hour |
| 5) | Starting January 1, 2002 | $6.75 per hour |
WHAT ARE THE EXCEPTIONS TO THE GENERAL MINIMUM WAGE REQUIREMENTS?
There are some exceptions to the minimum wage requirement, including:
- Outside Salespersons.
- Family employees such as parent, spouse, or child of the employer, employed by a self-employed person, not
a corporation owned by the family member. - Learners must be paid not less than 85% of the minimum wage regardless of their ages.
- Nonprofit organizations such as sheltered workshops or rehabilitation facilities that employ mentally and/or physically disabled workers may be issued a special license by the Division of Labor Standards Enforcement authorizing employment at a wage less than the legal minimum wage.
AGREEMENT BETWEEN EMPLOYER AND EMPLOYEE TO PAY LESS THAN MINIMUM WAGE IS INVALID
Employers cannot make agreements with employees to pay the employees below the minimum wage. These agreements are in violation the law and against public policy, and are, therefore, not legally enforceable. Paying the employees at least the minimum wage is a legal obligation required of the employer and cannot be waived by any agreements, including collective bargaining agreements.
Further, tips are independent and in addition to the employer’s obligation to pay minimum wages. An employer may not use customers tips received by employees as a credit to reduce its obligation to pay the employee minimum wage.
If Your Employer Is Paying You Below Minimum Wage
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