What Are the Rules on the Minimum Wage?

Although there are some exceptions, almost all employees in California must be paid the minimum wage as required by state law. Effective January 1, 2002, the minimum wage in California is $6.75 per hour. There are some employees who are exempt from the minimum wage law, such as outside salespersons, individuals who are the parent, spouse, or child of the employer, and apprentices regularly indentured under the State Division of Apprenticeship Standards. Minimum Wage Order (MW-2001)

There is an exception for learners, regardless of age, who may be paid not less than 85% of the minimum wage rounded to the nearest nickel during their first 160 hours of employment in occupations in which they have no previous similar or related experience.

There are also exceptions for employees who are mentally or physically disabled, or both, and for nonprofit organizations such as sheltered workshops or rehabilitation facilities that employ disabled workers. Such individuals and organizations may be issued a special license by the Division of Labor Standards Enforcement authorizing employment at a wage less than the legal minimum wage. Labor Code Sections 1191 and 1191.5

What Is the Minimum Wage?

Beginning January 1, 2002, the minimum wage in California is $6.75 per hour. For sheepherders, however, effective July 1, 2001, the minimum wage was $1,050.00 per month, with such minimum wage increasing to $1,200.00 per month effective July 1, 2002. Wages paid to sheepherders may not be offset by meals or lodging provided by the employer. Instead, there are provisions in Industrial Welfare Commission Order 14-2001, Sections 10(F), (G) and (H) that apply to sheepherders with respect to monthly meal and lodging benefits required to be provided by the employer.

What Is the Difference Between the State and Federal Minimum Wage?

Most employers in California are subject to both the federal and state minimum wage laws. The effect of this dual coverage is that when there are conflicting requirements in the laws, the employer must follow the stricter standard; that is, the one that is the most beneficial to the employee. Thus, since California's current law requires a higher minimum wage rate than does the federal law, all employers in California who are subject to both laws must pay the state minimum wage rate unless their employees are exempt under California law.

May an Employee Agree to Work for less than the Minimum Wage?

No. The minimum wage is an obligation of the employer and cannot be waived by any agreement, including collective bargaining agreements. Any remedial legislation written for the protection of employees may not be violated by agreement between the employer and employee. Civil Code Sections 1668 and 3513

Is the Minimum Wage the Same for Both Adult and Minor Employees?

Yes. There is no distinction made between adults and minors when it comes to payment of the minimum wage.

I Work in a Restaurant Waiting Tables. Can My Employer Use My Tips as a Credit Toward its Obligation to Pay Me the Minimum Wage?

No. An employer may not use an employee's tips as a credit toward its obligation to pay the minimum wage.

What Can I Do If My Employer Doesn't Pay Me at Least the Minimum Wage?

You can either file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner's Office), or file a lawsuit in court against your employer to recover the lost wages. Additionally, if you no longer work for this employer, you can make a claim for the waiting time penalty pursuant to Labor Code Section 203.

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