Minimum Wage Class Action Attorney – It is very rare for a company in California to blatantly pay less than the minimum wage (although we have seen it happen). Minimum wage violations usually occur in unique compensation structures. For example, when an employee gets paid on a piece rate or per unit basis minimum wage violations frequently occur. A piece rate is when the employee gets paid a fixed amount per job performed or item completed. But what happens when the employee, through no fault of his own, cannot possibly complete enough items in an hour to earn minimum wage? Then the employer must make up the difference.
California’s Minimum Wage Law
The current minimum wage in California is $10.00 per hour for companies with less than 26 employees. It is $10.50 per hour for companies with more than 26 employees. Keep in mind that the federal minimum wage is $7.25 per hour, but California law supersedes federal law here for employees working in California. We have a detailed page on CA’s minimum wage law here.
Some cities like San Francisco have a higher minimum wage. Orange County’s minimum wage conforms with state law.
Lawyers Fighting for Minimum Wage
Regardless of your political beliefs on the matter, the minimum wage is important because it ensures that all working persons have a minimum standard of living. Many plaintiff lawyers argue that the minimum wage is too low to live on in many places and should be raised to a so-called ‘living wage’ and indexed to inflation. Until that day happens, our attorneys will fight for every penny of the minimum wage that our clients deserve.
What are the damages when a company doesn’t pay minimum wage? Basically, the employee is owed double the amount withheld according to Labor Code §§ 1194 and 1194.2.
1194. (a) Notwithstanding any agreement to work for a lesser wage, any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of this minimum wage or overtime compensation, including interest thereon, reasonable attorney’s fees, and costs of suit.
1194.2. (a) In any action under Section 98, 1193.6, or 1194 to recover wages because of the payment of a wage less than the minimum wage fixed by an order of the commission or by statute, an employee shall be entitled to recover liquidated damages in an amount equal to the wages unlawfully unpaid and interest thereon.
Class Actions Wonderful for Minimum Wage Violations
Class Action lawsuits are a marvelous tool to recover lost wages for those who make very little. A class action permits a group of employees to band together and sue in the same lawsuit to keep litigation expenses down. If you feel like your minimum wages are being shorted, and you can’t figure it out by looking at your paystub, you should give our Orange County attorneys a phone call for a free consultation. We work on a contingency fee basis.