Minimum Wage under California Law

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Minimum Wage under California Law

When people work, they apply their skills and abilities in order for them to produce something good. One of the primary reasons why people work is to earn money which will be used to finance their needs. For the hard work exerted by the employees to be properly compensated by the employers, a minimum wage is provided by both federal and state laws.

Minimum Wage in California

Under the California law, most of the employees in the area should receive the minimum wage. The minimum wage that the employees in California are entitled to have which is $8.00 an hour became effective on July 1, 2008.

Not all employees are entitled to receive the $8.00 minimum wage. Employees who are exempted from this law include:

• apprentices who are often indentured under the State Division of Apprenticeship Standards

• outside salespersons

• individuals who are the spouse, child, or parent of the employer

There is also an exemption in the law for learners, regardless of how old they are. These learners may be compensated not lower that 85% of the required minimum wage. This amount will be rounded off to the nearest nickel in the first 160 hours of their employment in an occupation which they have no related, previous, or similar experience.

State and Federal Minimum Wage: Which is to be applied?

Almost all of the employers in California are under both the state and federal law. It is natural that there will be times when a conflict between the two laws will arise.

When the effect of being covered under the two laws surfaces, employers should follow the standard which is stricter and the one that will be most favorable to the employees.

Since the minimum wage under the law in California is bigger compared to the minimum wage that is required by the federal law, employers in the state should pay the $8.00 minimum wage to the employees unless the latter are one of those people who are exempted under the law of California.

Things to do When Minimum Wage is Not Given

For employees who were not given the minimum wage as required by law by their employer, they can file a wage claim with the Division of Labor Standards Enforcement (DLSE) or file a lawsuit in court.

The procedures that are followed after a wage claim is filed are:

1. After a wage claim has been filed with the DLSE, a Deputy Labor Commissioner will decide what will be the next procedure. The decision whether to dismiss or to refer the claim to a hearing or conference will be based on the information given and the circumstances of the claim that was filed.

2. If it was decided that a hearing will surface, both parties will be notified through mail of the place, date, and time of the conference. The reason why the conference will be held is to know the claim’s validity as well as to see if there is a solution to the situation even without a hearing. If the certain claim is still not resolved during the conference, the next move that is usually made is to dismiss it due to lack of evidence or proceed with a hearing.

3. After the hearing wherein both parties as well as witnesses will give their testimony, an Order, Decision, or Award (ODA) will be given to both parties.

4. Either one of the parties may appeal the ODA that was given to a civil court of a competent jurisdiction. The court will arrange for a trial, with each of the parties having the chance to present witnesses and pieces of evidence.

Seek Help from attorneys to get Your Claim

If you are employee who did not get the minimum wage that should be given to you by your employer, there are minimum wage claim attorneys who will be waiting for your call. These attorneys will help you throughout the legal procedures in the aim of bringing you the just compensation that you deserve.

Article Source: http://articlenexus.com

To help you resolve labor law violations such minimum wage issues, consult with our skilled Los Angeles attorneys. Visit our website to avail of our free case analysis.

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