The Consequences of the Minimum Wage and Employment Condition in California
In California, since January 2017, there is a standard minimum wage that all employees are supposed to be paid. The the amount is set differently for the employers who have less than twenty-six employees and those who have more. For Employers that have twenty-six or more employees, they are supposed to pay a minimum wage of 10.50 dollars per every hour worked. In January 2018 the amount was revised and went up by point five of a dollar for both categories.
The Californian employee is governed by three sets of laws namely the local, the state and the federal regulations. All the three laws are set to protect the Californian employee in relation with the employer. At the same time when the three laws conflict in specific areas, the employer is supposed to pick the one that states a higher amount. The Law protects the employee and is supposed to be paid the amount that is higher among the three. The employer is supposed to select what favors the employees all the time.
The employer and the employee cannot agree to pay a lesser amount than what is set by law. Even at times when the employee is willing to take amount lower than what the law states, the law cannot allow that to happen. The minimum wage applies to adults and minors in the same way. Even when an employee can gain from other sources like tips for those who work in service industry, the employer cannot use that to reduce the set standard wage.
If an employer fails to pay any employee the set amount, the employee can file a wage claim with the Division of Labor Standards Enforcement. There is also a provision of filing a lawsuit in court against the employer who fails to comply with the established standards. The court will ensure that the employer pays the right amount set by law. At A time when the employee has already left the place of work by the time they are suing, they can claim the waiting time through the labor laws.
The court is supposed to set a date when they can listen to the complaint. Both parties are supposed to prove along with their witnesses during the trial. The proceedings are recorded, and afterward an Order or a Decision or Award of the labor commission is served to the concerned parties. When the decision is made, and a party is not happy with what was determined, they are supposed to make an appeal. The good thing is that no employer is allowed to intimidate or punish the employee by stating that they are not paid according to the law.