Employment – Minimum Rate of Pay
What is the current minimum rate of pay?
As of January, 2019, minimum rate of pay for a Californian employee in any industry is $12.00. If the employer hires less than 26 employees, the minimum rate of pay for its employees is $11.00. For the minimum wage will increase every year until 2023, business owners should stay alert. Minimum
Which minimum wage applies, federal or state?
Many ask this question. Whether it is federal or state law, whichever benefits employees more applies. Consequently, as California minimum wage is higher than the federal, all businesses in California must guarantee their employees the minimum rate of pay that California law enforces. If a business is located in a city or county where it imposes a higher minimum rate of pay than the state standard, its employees must be guaranteed of minimum rate of pay that the city enforces.
Many ask this question.
Does my tip earned from serving at a restaurant count towards the minimum wage?
Tip earned by waitpersons belong entirely to them only. Restaurant owners or managers must pay their employees at least minimum wage on top of the tips that the employees earn.
If my employer does not guarantee the minimum wage, what should I do?
If an employer does not guarantee the minimum wage, you may file a claim with the Division of Labor Standards Enforcement (DLSE) or file a lawsuit in court against your employer. If you file a claim with DLSE, a Deputy Labor Commissioner will be assigned to review your claim and schedule a conference or a hearing depending on the circumstances. If a conference is held, the Deputy Labor Commissioner will determine the validity of the claim and try to settle the claim without a hearing.
If the claim cannot be resolved at the conference, there will be a hearing where both parties and witnesses will testify under oath. After the hearing, an Order, Decision, or Award (ODA) is given. If either party disagrees with ODA, it may appeal to a civil court.
What should I do if my employer retaliates against me for I questioned him about the minimum wage violation?
If your employer retaliates against you for questioning the minimum wage violation or filing a claim with DLSE, you may file a claim with DLSE or a lawsuit in court against your employer for discrimination or retaliation.
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