When you work for a living, you reasonably expect to be paid for your efforts at an amount you agreed on when you accepted the job and that is legal under state and federal law. If you are not properly paid at least the minimum page or for your overtime hours, you may have the right to make a wage claim against your employer. Contact the San Diego wage and hour attorneys at Jimenez Loayza, APC to learn more about your rights and options.
California Minimum Wage Law
California’s minimum wage is $15.50/hour as of Jan. 1, 2023. Some counties and cities have higher minimum wages for employees who work within their jurisdictions. This rate applies to most employees, regardless of how many employees there are, but there are some exceptions, including:
- Outside salespeople
- The employer’s spouse, child, or parent
- Apprentices
- Learners who have no previous similar or related experience during their first 160 hours of employment in a new field
- Nonprofit organization workers
- Employees who are mentally or physically disabled
Employees cannot agree to work for less than minimum wage. Workers who get tips cannot be paid less than minimum wage with their tips counting as a credit toward the minimum wage.
Employees have the right not to be retaliated against for asserting their right to minimum wage. If their employer retaliates against them, the worker may have a separate cause of action for the retaliatory act(s).
California Overtime Laws
In addition to payment of the minimum wage, non-exempt employees in California have the right to earn overtime pay for hours they work over the workday. Under the law, a workday consists of eight hours. Non-exempt employees in California may be eligible for pay at a rate of 1.5 times the normal hourly rate for any hours:
- That exceed eight hours in one workday
- That exceed 40 hours in one workweek
- On the seventh consecutive day in a workweek
These employees are entitled to double-time pay when they work more than twelve hours in a workday or eight hours on the seventh consecutive day in a workweek.
There are exceptions to who these rules apply, including:
- Exempt employees
- Outside salespeople
- Employees with an alternative workweek schedule
- Specific occupations with their own overtime rules
- Independent contractors
- Employees subject to a collective bargaining agreement
A Wage and Hour Attorney in San Diego Can Help You File a Claim for Unpaid Wages
Employees working for an employer who has refused to pay their overtime or other wages can file a wage claim with California’s Labor Commissioner’s Office. Alternatively, they can sue the employer for their unpaid wages or overtime in a traditional lawsuit. They can take the same actions if the employer retaliated against them for asserting their rights.
Contact an Experienced San Diego Wage and Hour Lawyer for Help with Your Unpaid Minimum Wage or Overtime Pay
If you believe you have not been properly compensated by your employer because they are not paying you the minimum wage or the appropriate overtime rate, it is critical to have dedicated legal assistance. The knowledgeable San Diego employment attorneys at Jimenez Loayza, APC can help you pursue the compensation to which you are entitled. Call us today at (619) 320-5901 or contact us online for a confidential consultation.