When Is My Employer Supposed To Pay Minimum Wage?

Many employees have the notion that their employer has to pay them per hour. The fact is that your employer can pay you tips, salary commissions or use any other method as long as your total amount paid will be equal to minimum wage when divided by the total number you worked.

Every state has its own rules when it comes to minimum wage. If you have disputes concerning minimum wage, it’s better to have an employment lawyer clear the air by proving the guideline applicable in your case.

Employees Who May Not Receive Minimum Wage

Your employer has to ensure that the minimum wage received by an employee is the highest of federal, state or local court under any given work. According to Federal law, not every employer is supposed to pay for minimum wage and not every worker is covered. Where Federal rule may seem to be stringent on workers, state laws always favor employees. To be sure whether you are to be paid minimum wage under state laws, it’s better to first consult with an employment law attorney in California. Some of the workers who may NOT be paid minimum wage include:

• Workers on small farms

• Independent contractors

• Seasonal amusement parks or other recreational business workers

• Outside salespeople

According to California law on minimum wage, an employer pays such depending on the number of employees one has. For instance, if your employer has more than 25 employees, your minimum wage should be $ 13.00 and $14.00 for employers with more than 26 employees. This will be expected to change come the year 2023 as all stated employers will be required to pay $15.00 as the minimum wage. One main question asked by workers is whether one working as a tipped employee is entitled to minimum wage. The answer is yes. Every tipped employee has the right to a full minimum wage.

Minimum Wage For Tipped Employees

If you serve or clean at a restaurant or provide services such as delivering goods to customers, you may be getting tips that are more than what you earn as your wages. Even if this happens, your employer cannot count such tips as your wages. Meaning he/she cannot pay you less than your minimum wage. You must receive your minimum wage for each hour worked, irrespective of the tips you may have earned.

If your employer seems to deny you your minimum wages, you may have the right to file a claim for wages owed. Most employees who choose to raise concerns about their employer failing to give them their due tips get retaliated against. As an employee, you are protected from wage theft, retaliation or any other adverse action that your employer may take. In such a case, you may file your wage claim together with a retaliation claim.

Filling A Minimum Wage Claim

The first step to take when you think you have a minimum wage claim is to consult an experienced employment lawyer. Your lawyer will advise on whether your employer has followed wage and hour laws. To file your claim, you will need to have supporting documents.

Having the below documents helps the Labor Commission Officer understand your claim. Also, your lawyer will use them to find the best strategy to help you win. Some of these supporting documents include:

• Record of the number of hours worked: It’s not your responsibility to keep the records of hours worked. Your employer should provide a copy of the date and hours worked.

• Paychecks: You have to provide the records of how you were paid within the period in question

• Employment contract: Your employment contract must contain information on how much to be paid for every hour worked. Overtime rate, commission rate or any other form of payment you receive.

Remember that you need to make copies of the above that will be provided at your formal hearing. Original records may only be requested if there is a dispute on the information provided. Again, it’s your employer’s responsibility to make sure you have time and payroll records. Besides this, he/she should provide an itemized wage statement for every wage pay.

Every employer subject to both Federal and State laws must follow the wage and hour laws that seem to benefit the employees. Meaning, where your minimum wage payment is higher than what both laws provide, you will still get paid the higher of amount.   Some employee realizes that their employers never paid them their minimum wage long after leaving the company or business. In such as case, one may file a waiting time penalty to get such wages reimbursed.

Wage and hour laws are complicated. It would help if you hire employment lawyer to handle your case. Your lawyer can help you find out more about California’s minimum wage.