If you live in California, the minimum statewide wage is $10.00 per hour for employers with 25 employees or fewer and $10.50 for employers with 26 or more employees. This rate overrides the federal minimum wage of $7.25 per hour.
In addition, some cities and counties have higher minimum wages. In Berkeley and San Francisco, for example, the minimum wage is $15 per hour, in Los Angeles and Oakland, $13.25.
These wages are the absolute minimum that an employee must be paid. It cannot be waived in any agreement between an employer and an employee.
Should your employer fail to pay you the minimum wage for any reason, you are within your rights to sue him/her. KJT Law Group is here to help you.
How do employers violate minimum wage rules?
- They pay employees the minimal wage stated by the federal rules and not the higher amount as dictated by state. Or, they pay the state amount, but not the city-specific one.
- They pay employees a wage, but the amount per hour is lower than the minimum required by law.
- They do not pay employees for all the hours they work. Employees are expected to work during lunch or to work ‘off the clock’.
What damages can I receive?
- The court can order your employer to pay you back the amount of wages needed in order to bring your compensation up to the minimum wage. Back interest can also be calculated.
- You can claim attorney fees.
- A civil penalty can be imposed on the employer, fining him with $100 for the initial pay period of intentional violation and $250 for each succeeding pay period, deliberate or not.
- You can also receive ‘liquidated damages’ to the amount of the unpaid minimum wages and interest. In effect, your total recovery can, therefore, be twice the amount by which you were underpaid in the first place. If your employer made a mistake in good faith, he/she will not be ordered to pay the liquidated damages.
If the whole company is affected and an employer underpaid everyone, a class-action minimum wage lawsuit can also be considered.
Let us help
Call today to discuss your case in confidentiality with one of the skilled attorneys at the KJT Law Group. We can answer any questions you may have.
Reach out to schedule a free consultation with us today. (818)507-8525; info@KJTLawGroup.com.