Sometimes employers do not pay every dollar that an employee is owed. There can be many reasons for this ranging from a bookkeeping error to something more blatant and intentional. Here is a compilation of facts about California's minimum wage. There are several specific clauses in California minimum wage law that make it unique and could help secure a case against an employer for a wage and hour violation.
Firstly, the current minimum wage in California is $9.00 per hour. There are a few exceptions for certain people who do not qualify for minimum wage. However, as a rule of thumb, most workers are legally entitled to a wage totaling no less than $9.00 per hour. California's minimum wage is higher than the federally set minimum wage which is $7.25 per hour. The higher of the two numbers will always determine the minimum wage at the state level.
An employee may not work for an agreed upon amount that is less than the minimum wage. Also, tips do not count as payment toward minimum wage and an employer cannot deduct the tips from the hourly wage. If you have not been paid the wages you earned, you are able to file a complaint with the Division of Labor Standards Enforcement. If the response to the complaint does not resolve the issue, there are other legal options available.
Being underpaid for wages earned is a frustrating situation. An employee has upheld his or her part of the agreement by working the amount and in return, the employer is to pay the employee for his or her time worked. Sometimes, the employee is not paid for the deserved wage. Explore the options wage retention by filing a claim or seeking an expert option.
Source: dir.ca.gov, "Minimum Wage," Accessed Oct. 27, 2014