Minimum Wage Attorneys in Los Angeles
Call Today for a Free Consultation
Under the California Labor Code, your employer must pay you at least the minimum wage provided for by law, which is $8.00 per hour. The term "wage" includes all compensation or remuneration for service performed and hours worked regardless of the term of employment. If you are only working part time or on commission basis, the California labor code still provides that you should be granted with basic compensation mandated by California statutes.
In determining your minimum wage, the rule is, if the federal right to basic rate of pay and the state minimum rate of wage differs, you should be granted the higher compensation, comparing the two laws. If federal statutes provide a higher hourly rate than $8.00, then the federal minimum wage should be followed by your employer. Be advised that the most common industries where these violations occur include: garment manufacturing, hotels, day care, restaurants and health care. Hence, if you are employed in any of the above enumerated industry, you should be more wary and protective of your employment and labor law rights. If you believe that you are being paid less than what is legally mandated, you should inform your employer right away. If your employer fails or refuses to rectify the discrepancy in your wage, you can definitely seek legal help to file a claim against your employer.
MELG Law Firm is well respected in Los Angeles and throughout California for its aggressive stance in protecting the rights of employees. If you think you are not getting the correct salary you deserve, our top Los Angeles Minimum Wage Violations Lawyers can provide you with swift solutions to your problems. As of date, we have obtained hundreds of millions in awards against unjust employers, to our clients’ great satisfaction.
Call Us Now at (866) 500-4848 and we are always ready to serve your legal needs and protect your employee rights regardless of the complexities of your case or the actual value of your claims.
What to do in Case of Minimum Wage Violation Claims in California?
In California, the Labor Code provides that employees working in Los Angeles and in any city or county in California should get a minimum hourly pay of at least $8.00. Prior to the increase, the last rate mandated by law was $7.50 in 2007. As an employee, you should know your minimum wage so you are able to determine whether your employer is violating your employment and labor law rights.
Is It Valid to Negotiate Your Contract Below Your Minimum Wage?
No. It is unlawful for your employer to negotiate and stipulate in your contract that you are agreeing to get less than the minimum wage. If, however, your employer is giving you above minimum wage, then there is no problem with that. Any amount in excess of the minimum wage is obviously allowed by law because you will be in a better position financially. If your employer, however, forces you to sign a contract that is in violation of your labor laws, then that contract is void and you can still demand for the balance of your unpaid compensation and other benefits.
State Law vs. Federal Legislation on Minimum Wage
Federal laws and California Labor Code provisions provide for the minimum wage of employees working in California. In case of discrepancy between the minimum wage mandated by Federal laws and state laws, the law that provides or gives employees the better or higher compensation will prevail. Hence, if you are working in Los Angeles, you should be aware that your employer should follow the minimum wage imposed by the state because it is higher than the Federal minimum wage.
Reasons Why You Get Below Minimum Wage
There are many reasons why employers fail to provide their employees with the minimum wage mandated by law. These include:
- (1) employer negligence;
- (2) unjust act of employer in violating the law to save on operating expense; and
- (3) as means of harassment, discrimination or retaliation.
Regardless of the reason for the failure to give you minimum wage, you are still entitled to get back compensation you deserve. The reason for the failure is only relevant in determining the additional liabilities of your employer. If the reason is simple negligence, then your employer may not be penalized for damages. However, if it is with malice, then your employer will definitely need to pay you damages and other losses, which could include punitive damages to deter similar unfair action.