Employment Law Cases

Minimum Wage Laws

How Much

In the state of California the minimum amount an employee must be compensated for an hour of work is $8.00. The federal minimum wage sets the minimum amount required by all employers in the United States, or businesses that employee people in the United States, to pay their employees. Should the federal minimum wage and that of a state be of differing values, employers of that state must pay the minimum that is most beneficial to their employees. Being that the California minimum is higher than the federal; all employers in the state must pay a wage of at least $8.00 an hour to all employees.

Exceptions

Various positions and types of workers may be exempt from California’s minimum wage. These are stipulated by the experience and condition of the employee.

· Learners - employees in their first 160 hours of a position who have never had training or experience in that field or a related field of work. These employees must be paid no less than 85% of the minimum wage rounded to the nearest nickel

· Outside salespersons

· Individuals who are the parent, spouse, or child of the employer

· Apprentices regularly indentured under the State Division of Apprenticeship

Employees who are mentally and/or physically disabled are also exempt, as well as nonprofit organizations that employ disabled workers. After an amendment to the State Constitution in 2003, California state employees who are paid by the hour and do not work overtime may be paid the federal minimum wage in the event that the state enters a new fiscal year without a budget.

Compliance

If you are an employee who receives compensation that is less than the State of California minimum wage, you employer is in violation of the law. You are entitled to either file a wage claim with the Division of Labor Standards Enforcement, or file a lawsuit against your employer to recover lost wages. All workers in California, regardless of age and minus those who are exempt, are legally entitled to receive the state minimum wage.

For more information about the minimum wage in California or California minimum wage laws, contact the Orange County employment lawyer of Perry Smith at www.orangecountyemploymentlawyers.com