Orange County California Wage Lawyer

Minimum Wage Laws

How Much

Effective January 1, 2008, the minimum wage an employee must receive per hour of work in the state of California is $8.00. The federal minimum wage is a standard by which all states must comply, meaning that no state minimum wage may go below the federal one. In instances in which the two conflict, employers must pay the stricter wage, the one that is most beneficial to employees.

In California, the state minimum wage is above the federal, so all employers, minus those who are exempt, must pay at least the $8.00 an hour wage to all employers.

Exceptions

Various positions and types of workers may be exempt from California’s minimum wage.

• 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

Exceptions also exist for employees who are mentally and/or physically disabled, and for 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, your 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 with the exception of those who are exempt, are legally entitled to receive the state minimum wage.

If you feel your employer is paying you less than California’s minimum wage illegally, contact Orange County wage lawyer Perry Smith at 888.356.2529 to discuss your case and further legal options.