Many California employees work very hard for the minimum wage available. They don’t always receive what’s fair for their daily dedication and effort. Making ends meet on those small paychecks becomes even harder when an employer illegally compensates workers with less than minimum wage.
Employees who earn the minimum wage or less may feel powerless when they receive a paycheck that’s short of what’s owed. But if this happens to you, you need to stay informed on California’s labor laws that protect minimum wage workers. These statutes ensure that workers receive a fair wage and punish employers who try to rob employees of their minimum wage rights.
Schedule a Free Legal Consultation with a California Minimum Wage Violation Lawyer
If you have been denied paychecks or benefits for your hard work, Maison Law stands ready to help you seek justice. With our extensive knowledge of California and federal labor laws and the protections extended to minimum wage workers, we assist clients in filing claims against employers to secure income that is rightfully theirs.
Contact us for a free consultation that comes with no obligation to you. We want to hear what you’ve been put through and then talk over all of your legal options. This free case review is completely confidential. Your employers will not know about this consultation.
California’s Minimum Wage and Worker Safeguards
As of 2022, the California minimum wage sits at $15 an hour for companies employing over 25 employees. The minimum is $14 an hour for workers at companies with 25 or fewer employees. However, in 2023, all employers will be required to provide a wage of at least $15 an hour.
Some cities have enacted a higher minimum wage. For instance, Los Angeles’ minimum wage is set to go up each year. As of the second half of 2022, the minimum wage for the city is $16.04. San Francisco’s minimum wage stands at $16.99 an hour.
In some states, employees who earn tips can be paid less than the minimum wage, but that’s not the case in California. Tip earners must still be provided with the full minimum wage for each hour worked.
Many people don’t know that even salaried employees are due this minimum wage. That means a salaried employee paid a yearly income must be provided the equivalent of 15 dollars an hour for a 40-hour week. That would mean they receive at least $560 a week.
What to Do If You Are Paid Less Than the Minimum Wage in California
It is illegal for an employer to pay you less than the minimum wage. Workers who are shorted on this basic employment right may file a wage loss claim with California’s Labor Commissioner’s Office. They are also permitted to file a lawsuit in court against employers.
Successful cases would earn reimbursement of lost wages. The worker could also potentially benefit from penalties assessed against the company.
It’s critical to speak with a skilled California Minimum Wage Violation Lawyer about your case before you accept any settlement. You may be entitled to more benefits than your employer’s lawyers are willing to admit. Your lawyer would also immediately begin investigating your employer and your case to make sure your claim was backed by strong evidence.
Retaliation Protections for Minimum Wage Violation Victims
It is illegal for employers to fire employees because they’ve filed a wage loss claim or exposed violations within the company. Employees may file a lawsuit against companies after they’ve been wrongfully terminated, harassed, demoted, or experienced any other retaliatory behavior. Retaliatory behavior can come from owners, managers, and other coworkers.
California’s Department of Industrial Relations provides a full list of every California employee retaliation law on its website. These labor laws provide strong safeguards, but that doesn’t mean employers and employees won’t attempt to retaliate.
If you feel you’re receiving unfair treatment after reporting California minimum wage violations, speak with your attorney as soon as possible. Your California minimum wage lawyer will file a lawsuit against your company and you could be awarded substantial compensation for what you’ve endured.
What Type of Compensation Can I Receive for a Minimum Wage Violation Claim?
Your employer could be forced to pay you damages or back pay for the exact dollar amounts they kept from you in the past. You could be reimbursed for every hour you worked and didn’t get paid. Your settlement check could also include money for overtime that went unpaid and for the breaks you didn’t receive.
In California minimum wage cases, employers may also owe you liquidated damages. These damages are penalties meant to discourage a company from denying minimum wage rights ever again. They are meant to punish the company, but the extra money is awarded to the employees who expose the violations.
How Long Do I Have to file a California Minimum Wage Claim?
Three years. California grants minimum wage violation victims up to three years to file a wage loss claim. The countdown begins on the date of non-payment.
This may seem like a long time but acting quickly is in your best interest. You’ll benefit from getting your claim filed faster and hopefully receiving the money you need to support your family more quickly.
It’s also a good idea to allow a California Minimum Wage Dispute Lawyer to investigate your case as soon as possible while the evidence is still fresh and witnesses are easier to track down.
Contact a Minimum Wage Lawyer Serving California Victims
If your employer is asking you to accept less than California’s minimum wage for your hard work, contact a skilled California Wage and Hour Dispute Lawyer as soon as possible.
It’s a no-risk way to find out if you have a case against your company. It’s also a good chance to learn what you could earn in compensation from an employer for what they’ve put you through.
Our California labor attorneys have extensive knowledge of state and federal minimum wage laws and we use that knowledge to the benefit of our clients. We work to maximize all minimum wage settlements for workplace victims.