Minimum Wage Lawyer – The minimum wage increases the standard of living of California workers, reduces poverty, and forces businesses to treat their employees fairly. Surprisingly, employers often pay under the minimum wage – often to the underprivileged or disenfranchised. When they do, not only are they breaking the law, but they are depriving their employees of any standard of living.
If your employer habitually pays you less than minimum wage, contact our legal team immediately.
Current Minimum Wage Rate
California’s minimum wage is currently $10.00 per hour. Although the Federal minimum wage is $7.25 per hour, California law supersedes for employees working in California.
Cannot Waive Minimum Wage
Employees may not agree to waive their right to minimum wage. You cannot accept $7.00 per hour. Moreover, if employees are paid on a per unit basis (piece rate) the minimum wage is still applicable.
California law allows some employers who provide meals and lodging to deduct some specified amounts from their employees minimum wage. However, an employer may not require employees to accept meals or lodging as part of their minimum wage unless the employer gets prior voluntary consent from the employee.
California law prohibits an employer from crediting tips toward the minimum wage. Moreover, an employer may not take any part of a tip given to an employee by a patron.
With regards to tip pooling, several restaurant cases hold that employer-mandated tip pooling, whereby employees pool and share their tips with other employees, is permissible. However, other laws state that tip pooling is impermissible.
For clarification regarding your situation, contact Branigan Robertson.
While our office is located in Orange County, we serve clients throughout California.