For purposes of California’s minimum wage, California Labor Code section 1197 states as follows: “The minimum wage for employees fixed by the commission or by any applicable state or local law, is the minimum wage to be paid to employees, and the payment of a lower wage than the minimum so fixed is unlawful. This section does not change the applicability of local minimum wage laws to any entity.”
The Current Minimum Wage
For the 2022 year, employers with a maximum of 25 employees must pay a minimum wage of $14 per hour. Employers with 26 or more employees mut pay $15 per hour. These rates will slightly increase in 2023. Many municipalities in California have minimum wage laws in excess of the state minimum.
Agreements for Less Than the Minimum Wage
California law doesn’t allow an employee to enter into an agreement for a sum that is less than the minimum wage. Unpaid employees, or those who are not being paid at an hourly rate that meets or exceeds minimum wage laws can file a complaint with the Office of the Labor Commissioner or bring an appropriate lawsuit in court. Retaliation by an employer against an employee for bringing a wage complaint is prohibited and compensable if proven.
For purposes of bringing a claim or lawsuit under section 1197 for payment of a minimum wage, we recommend contacting our offices and consulting with an experienced employment law attorney as our first step.
Contact our California Labor and Employment Lawyers today.
