Apprentice wages are set by the Industrial Welfare Commission. David caught every discrepancy and every contradiction with the opposing counsel. History of California Minimum Wage. Once the minimum wage reaches $15 per hour for all businesses, wages could then be increased each year up to 3.5 percent (rounded to the nearest 10 cents) for inflation as measured by the national Consumer Price Index. Rather the essence of the question of whether someone is working as an independent contractor or an employee is the degree of control exercised over the worker in the “actual conduct” of the person or entity hiring the worker. Meals must be “adequate,” appropriate for the employee’s work shift and consist of a “well-balanced serving of a variety of wholesome, nutritious foods.”  8 CCR §§ 11010-11170, subdivision 10. If you work in California, you must be paid the higher state minimum wage. How Many Hours Are Required Between Shifts in California? Some federal courts have found pay averaging to be an acceptable practice under the Fair Labor Standards Act. What is Considered Part-Time in California? California, like other states, sets a minimum wage that employers must pay their employees. This is the case even if the agreement is a collective bargaining agreement. If the Governor determines that economic conditions do not support the minimum wage increase, a scheduled increase may be temporarily suspended. (Commissioned car salespersons, however, may be paid just once per month. I wanted to take a minute to thank you and your staff for all you accomplished regarding my most difficult case. Generally, employees must be paid the highest minimum wage that has been established for the jurisdiction in which they work. As of 2020, the statewide minimum wage in California is: $13.00 per hour for employers with 26 or more employees; and; $12.00 per hour for employers with 25 or fewer employees. 8 CCR §§ 11010-11170. Minimum Wage – 2020 Rate Changes Due to the Minimum Wage Increase – January 1, 2020 Due to the enactment of Senate Bill (SB) 3 , the California minimum wage will increase to $13.00 per hour, effective January 1, 2020, for employers with 26 or more employees, and to $12.00 per hour for employers with 25 or fewer employees. Tips belong to the worker, though an employer can require that employees pool all or a portion of their tips. Thus, if an employee works a total of eight hours in a split shift at minimum wage, the employee must be paid for a total of nine hours. California has established a higher minimum wage than the federal rate, so employers in California are required to pay the minimum wage that has been established by state law (unless an even higher rate has been established by the city or county in which they operate – see below). — in accordance with the price levels. rate that applies to employees of all companies who work within San Diego. Estrada v. FedEx, 154 Cal.App.4th 1 (2007). Labor Code § 1182.12(c). If the CPI-calculated rate is negative, then there is no increase or decrease in the minimum wage for the following year. It could mean the salesperson’s own home if that is where the employee otherwise conducts the employer’s business. Furthermore, employers must pay workers for any time the worker is required either to wait around or to perform tasks other than the piecework tasks for which they are receiving piece-rate pay. Labor Code § 351. The Fair Wage Act of 2016 initiative (#15-0032) would have phased in planned rate increases to arrive at the $15 level by 2021. However, in some jurisdictions, the minimum wage is set at a higher level. Under California law, employees are entitled to recover the full amount of the unpaid balance owed, including interest, as well as reasonable attorney’s fees and costs. 4; California’s state minimum wage overrides the federal minimum wage of $7.25 per hour. Note: The above listed figures are California’s statewide minimum wage. If he believes in the merits of your case, you can be assured that nobody will work harder or more passionately than David Simpson. Get a California all-in-one labor law poster, Employers with 25 or fewer Employees or Non-Profit Corporations with 26 or more Employees with approval to pay a deferred rate. Confidential or time-sensitive information should not be sent through this form. However, there are some important exceptions to those general rules. * Rate adjusted to changes in Consumer Price Index (if any) to a cap of 3.5 percent each year. An outside salesperson is one who spends more than half their time away from the business, working directly on sales. .win for older females in a male dominated career. Under California state law, there are strict deadlines that workers must follow when making minimum wage claims. Unlike the vast majority of other states, California does not let employers pay a sub-minimum wage to employees who receive tips, such as waitresses and waiters. Current Minimum Wage in California. Tips are considered the property of the employee who earned them and cannot, therefore, be treated as wages. The city is set to hit a $15.00 per hour minimum wage for all companies in the summer of 2021 — more than eighteen months ahead of the state as a whole. The law grants the Governor “off-ramping” power to pause scheduled increases for one year in case of poor economic conditions – except for the $10.50 initial rate increase and after the rate has been indexed in 2024. Furthermore, employers must pay workers for any time the worker is required either to wait around or to perform tasks other than the piecework tasks for which …