California’s Minimum Wage is $8.00/hr
Receiving less? Ask your attorney
A minimum wage is the smallest wage you could possibly get from your employer while working. It could be hourly, daily or monthly.
In the US, the minimum wage law is provided by Fair and Labor Standards Act. For employees who are subject to federal minimum wage law, you should be receiving $5.85 per hour of work from your employer.
If you do not, and you have a significant amount due to you that is at stake, or there are several employees in the same condition as you, consult with a minimum wage claim attorney to file your claim and get your wages in no time.
You only have two years to file your claim. Otherwise, your claim will be forever barred so do not sleep on your right.
Many states, though, have their own minimum wage laws. The rate of your wage therefore can vary but it could not be in any way lower than the federal minimum wage.
The rule of the thumb is if you are subject to both state and federal minimum wage laws, you must receive the highest amount of the two minimum wages.
You attorney will have the necessary information regarding the minimum wage prevailing in your state.
Good news for those working in the State of California, compared to the federal minimum wage, the minimum wage in California is much higher.
Effective January of 2008, the minimum wage is $8.00 per hour from $7.50 last year. However, there are classes of employees who are not covered by this. They are:
• Outside salesperson
• Parent, spouse or child of the employer
• Apprentices
• Learners
• Mentally or physically disabled employees
If you are still receiving wages below $8.00 in California, but you do not belong to the exempted classes of employees mentioned above, you are entitled to file a wage claim. This you may do so with the help of a minimum wage claim attorney to make sure get what you really deserve under the law.
An employee or former employee may file a wage claim, which may consist of any of the following:
• Unpaid wages, including commission and bonuses
• Wages paid by check issued with insufficient funds
• Final paycheck not receive
• Unused vacation hours that were not paid upon termination of the employment relationship
• Unauthorized deductions from paychecks
• Unpaid/non-reimbursed business expenses
• Failure to provide a meal and/or rest period in accordance with the applicable Industrial Welfare Commission Order
A very important thing to keep track when pursuing wage claim is the time limit provided by law in doing the same. You should speak with a minimum wage claim attorney to know if you still have a valid claim.
The law provides that claims based on oral agreement must be filed within two years from the date the claim arose. If the claim is based on a written agreement, the same must be filed within four years from the date the claim arose.
Minimum wage, unpaid overtime and other statutory claims, on the other hand, must be filed within four years.
For queries on how to pursue a minimum wage claim and concerns on Employment Law in general, our Los Angeles lawyers are skilled in giving you concrete answers. Log on website and our credible legal advocates will provide you with the legal assistance that you need.
About the Author
Jamil Estorninos is currently jumbling work and law school. He is now only 5 units away from his law degree but 1.5 million miles away from his dream – to become the next John Grisham. He writes while waiting to become a force to reckon with in the legal world.
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