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. The law states that for any employer who has 26 employees or more, should ensure that no employee is paid anything less than ten point five dollars per every hour worked. In January 2018 the amount was revised and went up by point five of a dollar for both categories.
Every Californian employee is guided by three kinds of employment laws. All the three regulations talk about the employer and employee relationship and the minimum wage applicable. The law also states that when the three are conflicting, the employer is supposed to pay the highest rate. That means where the three wages are applicable, the employee is supposed to benefit from the one that gives the highs rate. The employer is supposed to choose the law that is beneficial to the employee all the time.
There is no agreement between the employer and the employee that can bring the wage lower than what is set. 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 law applies to both the adult as well as minors. 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. The employee can also file a suit in court if the employer is not willing to pay the set amount. The court will force the employer to pay the lost wages. If the person claiming for the unpaid amount is no longer working with the same employer, they can sue for the waiting time through the labor laws.
The Court then sets the date and the time when to listen to the lawsuit. At the time of hearing, both parties will be given tome to testify together with their witnesses. During the court hearing all the proceedings are recorded and later the parties concerned are advised of the ruling of the court. The parties are allowed to appeal if they are not happy with the verdict. 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.