California Wage Theft
What is California Minimum Wage Law?
California’s Minimum Wage Law is governed by both state and federal regulations, with the state’s laws often setting a higher standard than the federal minimum wage. Here’s a breakdown of key points:
Current Minimum Wage:
- As of the last update, California’s minimum wage is $16.00 per hour for all employers, regardless of the size of the business. This rate is subject to annual increases based on inflation, as set by the state’s Department of Finance.
Increases Over Time:
- California has been incrementally increasing its minimum wage each year. The increases are based on:
- Legislative action: Previously, legislation set specific increases until a certain year, after which adjustments are made based on inflation.
- Inflation Adjustments: Each year, the Department of Finance evaluates the inflation rate to determine if an increase is necessary. If inflation has increased, so does the minimum wage.
Exemptions and Special Cases:
- Tipped Employees: Unlike some states, California does not have a separate, lower minimum wage for tipped employees. All workers must be paid at least the full minimum wage before tips.
- Youth Wage: There is no lower minimum wage for younger workers in California; all employees, regardless of age, are entitled to the full minimum wage.
- Learners and Trainees: While some states allow for a training wage, California does not have a special provision for learners or trainees except in very specific, regulated apprenticeships.
- Local Ordinances: Several cities and counties within California have set their own higher minimum wages. For example, places like San Francisco, Los Angeles, and Berkeley have minimum wages that exceed the state’s rate. Employers within these jurisdictions must comply with the local rate if it’s higher than the state rate.
Enforcement:
- The Division of Labor Standards Enforcement (DLSE) within the California Department of Industrial Relations enforces minimum wage laws. Workers can file complaints if they believe they are not being paid the minimum wage.
Additional Provisions:
- Overtime: California law requires overtime pay for hours worked over 8 in a day or 40 in a week at 1.5 times the regular rate, with double time for over 12 hours in a day.
- Meal and Rest Breaks: Employers must provide meal and rest breaks, which are additional labor standards intertwined with wage laws.
Future Increases:
- The state law includes provisions for automatic increases based on inflation unless legislation changes this mechanism. Employers should regularly check for updates to stay compliant.
Keep in mind that these details might be subject to change with new legislation or updates in policy. If you need the most current figures or if you’re looking into how these laws apply to a specific case or locality within California, it might be wise to check with official state resources or consult with a labor law specialist.
Helpful Articles
- How Does the Department of Labor Describe a Workweek?
- Who is Excluded From Overtime in California?
- What are the Penalties for Violating California Overtime Law?