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California Minimum Wage Law

California Minimum Wage 2013: The current California minimum wage for 2013 is $8.00 per hour. This minimum wage rate remains the same as the California minimum wage for 2012. Keep in mind that the California minimum wage of $8.00 was effective as of January 1, 2008 and this was an increase from the 2007 rate of $7.50 per hour.

Federal Minimum Wage 2013: Additionally, the third and final federal minimum wage increase as amended under the Fair Labor Standards Act (FLSA) was implemented effective July 24, 2009. The federal minimum wage increased to $7.25 per hour. Therefore, the state of California minimum wage for 2013 remains approximately 10% higher than the federal minimum wage rate for 2013.

Payment of Minimum Wage to Non-Exempt Employees: California employers must pay at least the California minimum wage to all non-exempt workers for all hours worked. If an employer misclassifies an employee as exempt and the employee works overtime and is only paid the equivalent of minimum wage, the employer may face significant penalties for failure to pay minimum wage once all hours worked are considered and claimed.

The payment of minimum wage and determining whether an employee is entitled to overtime or not, are concepts that must be jointly considered. California employers should remember that one condition of exemption is that the employee is paid at least twice the minimum wage. If an employee is paid less than twice the minimum wage and does not fall under another exemption, such employee may be entitled to overtime pay. Our CA labor law attorneys are available to review potential violations related to the current minimum wage in California.

Minimum Wage Related to Meal/Break Periods: Employer abuses and violations for “failure to pay minimum wage” frequently occur when an employee’s rate of pay is the California minimum wage rate, but the employee is not receiving their rest and meal break periods in accordance with California labor laws. If an employee is denied these legally mandated meal and rest break periods, then in effect, that employee is being paid less per hour than the state of CA minimum wage. A California employer’s failure to pay the California minimum wage is considered a serious violation.

Minimum Wage and Working Off The Clock: Another employer abuse related to the failure to pay California minimum wage is requiring that employees work “off the clock.” Requiring that employees actually begin working before “clocking in” to the time reporting system, or staying late to work after they have “punched out” are not uncommon violations. Additionally, failure to compensate employees for driving from one job site to another may be constituted as failure to pay minimum wage. California minimum wage attorneys can provide sound legal advice on this type of employer violation.

Minimum Wage Postings: California employers are required to conspicuously post notices of both California and Federal minimum wage in the workplace along with other informational requirements. This is a requirement even though the minimum wage in California is currently higher than the federal minimum wage. Failure to pay minimum wage to employees in accordance with California labor laws will expose employers to serious liability. Liabilities include, but are not limited to, unpaid wages, double damages, attorney's fees and court costs.

Minimum Wage and Inside Salesperson Commissions: California minimum wage requirements extend to inside sales employees as well. It is common for employers to believe that since an employee is paid on commission, they are not required to pay minimum wage for all hours worked. This could not be further from the truth. California class action cases have been initiated on this very violation in favor of inside sales people so employees should carefully research their compensation to ensure that they are being paid all that is owed under California labor laws. Seeking the advice of qualified California wage attorneys may be prudent if you are an inside salesperson and commission sales are part of your overall compensation package. For additional information about the California Inside Sales Exemption, see our “Other Exemptions” section.

If you feel your employer is not complying with 2013 California minimum wage law and you may have a claim related to this failure to pay minimum wage, our California labor law attorneys are available to review your potential claim.


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