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California Minimum Wage

In 2011, California minimum wage is $8.00. It is reviewed every two years by the Industrial Welfare Commission, a department of the state of California. As required under Labor Code, section 1173, the “IWC” must determine if California’s minimum wage is adequate to protect workers.

Do Employers Have to Pay Minimum Wage?

Absolutely. You cannot waive minimum wage in California. In fact, if an employer asks you to waive your right to minimum wage, or overtime pay, you have a right to file a civil action to recover your pay. Even if you agree to be paid less than minimum wage, California’s minimum wage laws prohibit that agreement from being effective. Labor Code, section 1194 even requires the employer to pay your attorneys fees and lawsuit costs if you win.

What Are Common Situations in Which the Employer Does Not Pay Minimum Wage?

Most often, it is when the employer asks the employee to work off-the-clock. This often happens when the employer requires the employee to arrive early or stay late to open/close the doors to the business.

It also happens when employers tell their employees that they are independent contractors or salespersons who don’t work on a regular hourly basis. It is true that there are some situations in which minimum wage does not need to be paid, but most often those situations don’t apply.

Another very common failure to pay minimum wage situation is when the employee is required to drive from their work place to another job site. For example, a moving truck company requires the employee to go to their workplace and then drive to the first location for pick up or delivery. If the employer tells the employee they are not paid for the time from their workplace to the first pick-up/delivery, then they failed to pay minimum wage. Although you cannot be paid for the time you drive from your home to work, once you get there, you are entitled to work related drive time.

Finally, perhaps the most egregious common situation is when an employer hires recent immigrants or undocumented workers. Immigration status, however, has nothing to do with the employer’s obligation to pay minimum wage. Even undocumented immigrants have a right to minimum wage. Why? Because if undocumented workers could not enforce minimum wage laws, citizens and documented workers could not compete for jobs.

Contact Us If You Have Not Been Paid for All Hours Worked

We can help you recover your wages. We take minimum wage cases on a contingency, which means we get paid nothing unless we win. Contact us at info@olawcorp.com