California Minimum Wage Law, Exemptions, Claim and Lawsuits: An Attorney’s Guide

California Setting

Each state or jurisdictions have varying minimum wage laws enforced within their area of coverage. They greatly vary in reference to the set amount of money, in its terms of pay period, exemptions as well as in its scope and coverage.

In California, it had constituted its own version of minimum wage laws enforced for the common benefit among all workforces in the area. The said law has its own guidelines, definition, exemptions, scope and coverage. Labor Code Sections 1191 and 1191.5 is the main law that covers this respect. This current law requires a higher minimum wage rate than that of the federal law.

Employers in California have dual coverage, which means, they are subject to both the federal and state minimum wage laws. In case of conflict in the application of the two sets of laws, a stricter standard is followed, that is, the most beneficial to the employee.

The California Minimum Wage Law Exemption

There are employees who are exempt from the California minimum wage law, which covers outside salespersons, individuals who are the parent, spouse, or child of the employer, and apprentices regularly indentured under the State Division of Apprenticeship Standards.

Along with it, there is also an exemption for learners (regardless of age), who may be paid not less than 85% of the minimum wage rounded to the nearest nickel during their first 160 hours of employment in certain occupations in which they have no previous similar or related experience.

There are also exceptions for employees who are mentally or physically disabled, or both. Further, nonprofit organizations such as rehabilitation facilities that employ disabled workers are also exempt from the coverage of the minimum wage laws. In lieu of the minimum wage coverage, the latter individuals and organizations may be issued a special license by the Division of Labor Standards Enforcement authorizing employment at a wage less than the legal minimum wage.

Prevailing Minimum Wage Rate

Under the most recent wage order, effective January 1, 2008, the minimum wage prevailing within California is $8.00 per hour.

Minimum wage is considered as an obligation of the employer, in that it cannot be subject to a waiver or agreement.

Whenever a covered employer withholds, or refuse to grant the issued minimum wage, the employee concerned can file a wage claim with the Labor Commissioner’s office- Division of Labor Standards Enforcement (DLSE) or file a constitutive lawsuit against the employer to recover any lost wages.

Wage Claim or Lawsuits

As stated, an employee who has been denied the minimum wage can file a claim against its employer. The wage claim covers unpaid wages, including commissions and bonuses, unauthorized deductions from paychecks, unused vacation hours not paid upon employment termination, violations with the applicable Industrial Welfare Commission Order such as the failure to provide a meal and/or rest period.

When an employee opts to file a claim with the local office of the DLSE, a good way to start is to employ a Minimum Wage Claim Attorney. They offer valued assistance in your claim pursuit all for ending with a successful wage claims.

Aside from having all the needed legal knowledge in these respects, the Attorney will identify all possible option in your claims, and will determine, based upon the circumstances of the claim and information presented, how best to proceed.