How Much Does Minimum Wage Make A Year In California
Minimum Wage Constabulary in California
The "minimum wage" is the minimum hourly rate that nearly all employees must exist paid. California employees benefit from almanac increases in California's minimum wage.
The minimum wage is the minimum hourly rate that almost all California employees must be paid for their work by police. In California, the applicable minimum wage depends on the size of the employer. In 2022, California's minimum wage is $14.00 per hour at employers with 25 or fewer employees, and $xv.00 per hr for larger employers.1
The federal minimum wage is currently $seven.25 per hour.two It applies to covered workers3 in the United States, unless the employee works in a land that has established a college minimum wage—like California.4 Considering California law has ready a minimum wage at a higher rate than the federal minimum wage, nigh California employees are entitled to the wage set by California'southward minimum wage law.five
This commodity explores California's minimum wage laws in more particular.
California police sets a minimum wage that applies statewide (although sure employees, who are discussed beneath, are exempt or are entitled to a lower minimum wage). California cities and counties also have the authority to set up a college minimum wage.
California police establishes almanac increases in the minimum wage until 2023. The increases are scheduled to take effect on January 1st each yr.
The minimum wage in California depends on whether the employer has 25 or fewer employees or more than than 25 employees, as is shown on the post-obit tabular array:6
| Effective Date | Employers with 25 or Fewer Employees | Employers with More than 25 Employees |
|---|---|---|
| Jan. 1, 2017 | $10.00 | $10.50 |
| Jan. 1, 2018 | $10.50 | $11.00 |
| Jan. ane, 2019 | $11.00 | $12.00 |
| Jan. i, 2020 | $12.00 | $13.00 |
| Jan. ane, 2021 | $13.00 | $14.00 |
| Jan. one, 2022 | $fourteen.00 | $15.00 |
| Jan. 1, 2023 | $15.00 | $15.00 |
After 2023, the California minimum wage will be adjusted automatically by using a formula that is tied to the consumer price index (Opens in new window).7
Chiefly, however, if in whatsoever year the governor determines that economic conditions exercise non support a scheduled increase, the governor can temporarily suspend that year's increase.viii
The California Constitution allows local governments to set a minimum wage, applicable within that authorities's jurisdiction, that is higher than the land minimum wage.nine
Several cities and counties take enacted ordinances that fix a college minimum wage for some or all employees who work within the boundaries of the local regime. Several of California'south largest cities' electric current minimum wage rates are listed below.
| Location | Electric current Minimum Wage |
|---|---|
| City of Oaklandx | $15.06 |
| Urban center of Los Angeleseleven | $15.00, regardless of employer size. |
| City of San Diego12 | $fifteen.00, regardless of employer size. |
| San Francisco13 | $16.32 |
| City of San Josexiv | $16.20 |
A California employer must pay the California minimum wage to covered employees, even if an employee agrees to work for less.15 An employment agreement that attempts to pay a covered employee at a enhance lower than the minimum wage is unlawful and volition non be enforced.16
California'south prohibition against waiving the minimum wage applies even to union members whose terms of employment are governed past a collective bargaining agreement.17
California'south minimum wage constabulary applies to all California employers with covered employees.eighteen
Employer in this context is a broad term that means anyone who employs or exercises command over the wages, hours, or working conditions of whatsoever person. It includes individual employers, businesses, nonprofits, and state or local governments.19
The California minimum wage law generally protects all individuals who are employed in California, regardless of where they reside.20 The minimum wage law even protects undocumented workers who are working in California without a greenish card.21
3.ane.
Minimum Wage Exceptions
A lower country minimum wage applies to certain California employees, and some employees are non entitled to any minimum wage at all. Those categories of employees including the following:
-
Learners are employees who are working a job in which they take no similar or related feel. They may exist paid 85% of the minimum wage during their get-go 160 hours of employment.22
-
Disabled employees may be paid a wage prepare by the Labor Commission for a period of one year (subject to renewal), if authorized past the Labor Commission.23
-
Camp employees of an organized camp, including student employees, camp counselors, and plan counselors, can be paid 85% of the minimum wage.24
-
Immediate family members of an employer are non subject to California's minimum wage laws. Firsthand family unit members include the employer'due south parent, spouse, child, or legally adopted kid.25
-
Certain nonprofit organizations that have special licenses issued past the Labor Committee can pay their employees less than the minimum wage. The appropriate minimum wage is fix by the Labor Committee, and this exception is commonly limited to rehabilitation facilities and sheltered workshops.26
-
Outside salespersons are employees who spend more than half of their the working fourth dimension away from the employer's identify of business organization selling goods or services.27 Outside salespersons are mostly exempt from California'southward minimum wage laws, only they must meet certain requirements.28
Federal law has more exceptions to its minimum wage than those listed hither—including an "opportunity wage" for newly hired employees who are nether the historic period of 20.29 Simply considering California law is more favorable than federal police, those subminimum wage exceptions don't apply.30
3.ii.
Contained Contractors
California'southward minimum wage law applies only to employers and thus only protects employees.31 It does not protect independent contractors.
Importantly, withal, the fact that an employer labels a worker equally being an independent contractor does non necessarily mean that the worker is non an employee.32 Whether a worker is an independent contractor or an employee will depend several factors, including the degree of control that the employer exercises over the work functioning.33
3.3.
A Annotation on Exempt Employees
Certain employees are exempt from many of California's labor laws based on their job classifications. Executive, administrative, and professional employment are the nearly common exempt classifications.34
Nevertheless, because California limits those classifications to employees who receive a monthly salary of at least twice the minimum wage for total-time employment (i.e., 40 hours per week),35 information technology would be very unusual for an exempt employee in one of those classifications to receive less than the minimum wage.
Unless an employee falls into one of the exceptions mentioned above, they must be paid minimum wage—even if the employee is not paid an hourly rate.36
Confusion can sometimes result, however, when employees are paid on a non-hourly footing. Two common issues in these cases are discussed below: piece-rate bounty, and commission-based bounty.
4.1.
Piece-Rate bounty
Some employees are paid by the job, by the chore, or by the number of pieces they work on or produce. Piece-charge per unit workers are oft required to remain at the place of employment to wait for new work to arrive even when there is no paid work to do.
Example 
A technician might be paid a apartment rate for each item repaired. That technician is considered to be paid on a piece-rate basis.
In the example of a technician who is paid a flat rate for repairs, federal law would allow the employer to add up the piece-charge per unit bounty earned during the week, to dissever that sum by the number of hours that the employee was required to be at work during the week, and to pay nothing actress if the result equals more than the minimum wage.37 This is known equally pay averaging.
Most California courts accept constitute that California law does not permit minimum wage compensation for piece-charge per unit workers to be based on "pay averaging."38 Instead, they have held that a piece rate compensates the employee for time spent performing a specific task, but not for the other hours an employee is at work.39
Every bit such, California constabulary entitles an employee to minimum wage for each hour an employee is required to be at work, even if the employee is paid a higher piece-rate wage for hours that the employee devotes to a specific task.40
So, in California, for each hr of work that is non compensated past a piece-rate wage (that is, time spent waiting for piece of work), the employee must receive additional compensation of no less than the minimum wage.
iv.ii.
Commission Compensation
With a few exceptions,41 employees who are paid past commission must be paid at to the lowest degree twice a calendar month.42 Commissions, however, exercise non need to exist paid until they have been earned.
When a commission has been earned is usually adamant by the employment agreement.43 The timing of when commissions are "earned" can create issues for the minimum wage—employees might go months without having "earned" their commission on a sale.
Employees must exist paid at least the minimum wage in every pay flow, even if the commissions they accept earned that pay period fall below that amount.44
In some pay periods, the payment of commissions volition satisfy the requirement to pay minimum wage in that flow—provided, of course, that the commissions at least equal the minimum wage times the number of hours worked in that pay flow.
But if the commission earned in a given pay period does not satisfy the minimum wage, the employer volition have to pay sufficient wages to make the employee'due south hourly wage consistent with California's minimum wage laws. A commission in one pay menses cannot be used to encompass shortfall in an earlier pay period.45
Example
A nonexempt employee is paid a combination of an hourly wage and a commission. They work 90 hours over the course of a two-calendar week pay catamenia and are given $770, making her hourly earnings $8.55.
If the employer pays a monthly committee in the adjacent pay period of $two,000, the employer might claim that the employee earned an hourly wage for the calendar month of $fifteen.38, thus satisfying the minimum wage law. Nevertheless, the commission payment may only be used to satisfy minimum wage for the pay menstruum in which it was received.46
During the prior pay period, the employer was required to pay sufficient wages to make the employee'southward hourly wage consistent with minimum wage and overtime laws.
The California Supreme Courtroom has noted that this estimation is consistent with the purpose of the minimum wage law. Allowing employers to pay less than minimum wage in whatsoever pay menstruation would burden employees by forcing them to wait to receive the total wages they earned.47
For the purposes of the minimum wage, the employee'due south wage refers to the employee's gross pay—meaning, the amount the employee is paid before taxes or other deductions are taken from information technology. Deductions from gross pay that are authorized or required by law are not treated equally reducing minimum wage payments.
In limited situations, non-cash compensation may satisfy the minimum wage obligation. In other words, an employer may receive a credit toward minimum wage payment in the amount of sure not-cash compensation provided to the employee.
This department takes a look at some common non-cash issues.
5.1.
Tips Are Not Counted toward the Minimum Wage
California employers are not permitted to deduct tips received by employees from their hourly wages in order to pay less than minimum wage.48 Nether California constabulary, tips are the holding of the employee to whom they are given and (since they never become the employer's property) may not be treated every bit wages.49
With an employee's consent, an employer may furnish meals or lodging to an employee as compensation, and that may count that compensation toward satisfaction of California'due south minimum wage law.l
California regulations set limits on the value of a repast (depending on whether information technology is breakfast, lunch, or dinner) and lodging (depending on whether it is a room or apartment) that may be credited toward an employer's minimum wage obligation.51
A meal will not exist credited toward minimum wage unless information technology is "an acceptable, well-balanced serving of a variety of wholesome, nutritious foods."52 The repast (whether breakfast, lunch, or dinner) must be consequent with the employee's piece of work shift.53
Lodging will not be credited toward minimum wage unless the accommodation (which cannot require the employee to share a bed) is bachelor for full-time occupancy and is adequate, decent, and sanitary according to usual and customary standards.54
Whatever meal non received and any lodging not used may not be deducted from minimum wage.55
5.3.
Resident Manager Rent Credit
The usual rule is that an employee must be paid for all time spent at work if the employee is subject to the employer'southward control. Certain employees, however, may be paid for the fourth dimension spent carrying out assigned duties, rather than the time they spend at work—including resident managers and motel clerks who are required to reside on the employer's bounds.56
When a resident manager receives a place of lodging as part of his or her compensation, the employer may credit the value of the lodging against minimum wage, subject to these limits:
-
The credit may not be more than two-thirds of the lodging's ordinary rental value,
-
The credit may non exceed a certain apartment amount specified in the currently-applicable minimum wage poster (that amount increases each twelvemonth with inflation and may depend on the size of the employer and the blazon of adaptation provided), and
-
The agreement must be voluntary and in writing.57
If an employer requires a resident managing director to live in the employer's lodging as a condition of employment just does non credit any portion of the lodging'south value toward minimum wage, the employer may accuse the resident director hire that does not exceed 2-thirds of the lodging's rental value. The cap described in the 2d limitation above does not employ, provided that the employee voluntarily agrees in writing to pay the rent.58
An employee works a split shift when i workday is interrupted past unpaid, nonworking periods, other than meal and rest periods.59 Simply the fact that an uninterrupted shift spans two consecutive calendar days does not transform the shift into a slit shift.lx
A employee entitled to be paid the minimum wage has a correct to an extra 60 minutes of pay (called a "split-shift premium") if the employee works a carve up shift.61 That "divide-shift premium" means that an employee who works a total of eight hours over a split shift at minimum wage is entitled to nine hours of pay.
The split up-shift premium besides applies to employees who earn more than than minimum wage unless they are paid a total amount greater than the minimum wage for all hours worked plus one additional hour.62 Thus, employees who piece of work a split shift are entitled to the greater of: their regular pay for the hours they worked, or the minimum wage for the hours they worked plus one hour.
Example
The minimum wage applicable to a particular employee is $xiii.00 an 60 minutes. If the employee works two 4-60 minutes shifts in the same day, they should be paid wages of at least $117.00 (their regular pay plus a split-shift premium).
A 2nd employee is paid $fifteen per 60 minutes. If they work the same shift, they should be paid $120.00 for the eight hours worked. They do not receive a split-shift premium because the employee was paid more than the minimum wage employee would have earned.
Finally, a third employee is paid $14 per 60 minutes. If they piece of work the aforementioned carve up-shift in a single workday, they will earn $112 for the eight hours of work, just will be entitled to an actress $5 every bit a carve up-shift premium.
When an employer refuses to pay employees a minimum wage, employees more often than not have two options:
-
They can file a wage claim with a federal or country administrative agency, or
-
They tin file a civil lawsuit.63
In deciding which option to pursue, an employee (or their chaser) will take to consider several important factors. Those include: how valuable the claim is, whether the employer is likely to challenge the claim, and whether country or federal law should be applied.
An employee may be limited to making a claim under California constabulary if the failure to pay minimum wage violated California, but not federal, police. When both state and federal law were violated, the employee will need to decide which law provides a better remedy.
7.i.
Retaliation is Prohibited
Employees who exercise non receive a minimum wage payment have a right to bring the issue to their employer'due south attention and request total compliance with their minimum wage rights. Employers are legally prohibited from retaliating against employees who request a minimum wage.64
Employees are likewise protected from retaliation if they file a complaint with a governmental agency or a lawsuit in court.65 This means that an employee cannot be punished, fired, or treated unfairly for exercising the right to be paid a minimum wage.
seven.2.
Deadlines in State Constabulary Cases
In many cases, it is important to deed fast because claims based on minimum wage violations can elapse. This expiration catamenia is called a statute of limitations.
The statute of limitations for a minimum wage merits is by and large 3 years.66 If the employee is enforcing the alienation of a written employment contract, the statute of limitations is four years.67
In some cases, litigants seek to extend the statute of limitations in their wage and hour claim by bringing the claim under California's Unfair Competition Law.68 Those claims must be brought within 4 years.69 Information technology is usually improve, still, to bring claims earlier, if possible, and so as to avert relying on this kind of claim in case information technology turns out to be inapplicable.
7.3.
Deadlines in Federal Cases
Under federal police, the applicable statute of limitations depends on whether the employer'south minimum wage violation was willful or inadvertent. A claim alleging a willful violation of federal constabulary must be brought within three years of the violation.70 A claim that does non involve a willful violation of federal law must exist brought inside two years of the violation.71
A violation is willful if the employer knew or showed reckless condone for whether its conduct violated federal law.72
References
Labor Code, § 1182.12, subd. (b).↥
29 U.S.C. § 206(a)(1)(C).↥
Unless they are exempted, most employees are covered by the federal minimum wage law if they are "engaged in commerce or in the production of goods for commerce, or [are] employed in an enterprise engaged in commerce or in the production of appurtenances for commerce." (29 UsC. § 206(a).) Near employees meet that standard.↥
29 United states of americaC. § 218(a) ["No provision of this Act or of whatsoever lodge thereunder shall alibi noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage college than the minimum wage established under this Act . . . ."].↥
29 U.South.C. § 218; Aguilar five. Ass'n for Retarded Citizens (1991) 234 Cal.App.3d 21, 34 ["[F]ederal law does not command unless information technology is more beneficial to employees than the state law."].↥
Labor Code § 1182.12, subd. (b). The minimum wage applies to "all industries" and to "any occupation" except outside salespersons and individuals participating in certain national service programs. (Labor Code, §§ 1171, 1182.12.)↥
Labor Code, § 1182.12, subd. (c).↥
Labor Lawmaking, § 1182.12, subd. (d).↥
Cal. Const. art. XI, § 7 ["A county or city may brand and enforce within its limits all local, law, sanitary, and other ordinances and regulations not in conflict with full general laws."].↥
City of Oakland, Official Discover: Oakland Minimum Wage (Opens in new window) (2021), terminal visited January 3, 2022.↥
Urban center of Los Angeles, Enhance the Wage LA (Opens in new window) (2021), last visited January 3, 2022.↥
City of San Diego, Minimum Wage (Opens in new window) (Dec. 27, 2021), last visited January 3, 2022.↥
City and Canton of San Francisco, Minimum Wage Ordinance (Opens in new window) (2022), concluding visited January 3, 2022.↥
Urban center of San Jose, Minimum Wage Ordinance (Opens in new window) (2022), last visited Jan three, 2022.↥
Labor Code § 1194, subd. (a); Sanchez 5. Western Pizza Enterprises, Inc. (Opens in new window) (2009) 172 Cal.App.quaternary 154, 170 ["An employee'south statutory right to reimbursement of task expenses is unwaivable [citations], every bit is the statutory right to receive minimum wage [citations]."].↥
Civil Code, §§ 1668 ["All contracts which have for their object, directly or indirectly, to exempt whatsoever one from responsibility for his own fraud, or willful injury to the person or property of another, or violation of police force, whether willful or negligent, are against the policy of the law."], 3513 ["Whatsoever one may waive the reward of a law intended solely for his do good. But a constabulary established for a public reason cannot be contravened by a private agreement."]. ↥
See Gordon 5. Urban center of Oakland (9th Cir. 2010) 627 F.3d 1092, 1095 [construing like provision under federal constabulary].↥
See Labor Code § 1182.12, subd. (b) [applying to employers].↥
Labor Code, § 1182.12, subd. (b)(3) ["For purposes of this subdivision, 'employer' means whatsoever person who directly or indirectly, or through an amanuensis or any other person, employs or exercises command over the wages, hours, or working conditions of any person. For purposes of this subdivision, 'employer' includes the land, political subdivisions of the state, and municipalities."].↥
Sullivan v. Oracle Corp. (2011) 51 Cal.quaternary 1191, 1197 ["[A] preambular section of the wage constabulary . . . confirms that our employment laws utilise to 'all individuals' employed in this state [citations]."].↥
Labor Code, § 1171.five, subd. (a) ["All protections, rights, and remedies bachelor nether state law, except any reinstatement remedy prohibited by federal police force, are available to all individuals regardless of immigration status who take applied for employment, or who are or who take been employed, in this country."].↥
Cal. Code of Regs., tit. viii, §§ 11010–11170, subd. 4 ["LEARNERS: Employees during their first 160 hours of employment in occupations in which they have no previous like or related experience, may exist paid not less than 85% pct of the minimum wage rounded to the nearest nickel."].↥
Labor Lawmaking § 1191 ["For whatever occupation in which a minimum wage has been established, the commission may consequence to an employee who is mentally or physically handicapped, or both, a special license authorizing the employment of the licensee for a period not to exceed i year from date of issue, at a wage less than the legal minimum wage. The commission shall fix a special minimum wage for the licensee. Such license may exist renewed on a yearly basis."].↥
Labor Code, § 1182.four, subd. (a) ["No student employee, camp advisor, or program counselor of an organized camp shall be subject to a minimum wage or maximum 60 minutes order of the committee if the educatee employee, camp advisor, or programme counselor receives a weekly salary of at least 85 percent of the minimum wage for a 40-60 minutes week, regardless of the number of hours per calendar week the student employee, camp counselor, or program advisor might work at the organized camp. If the student employee, camp counselor, or program counselor works less than xl hours per calendar week, the student employee, camp counselor, or program counselor shall exist paid at least 85 per centum of the minimum hourly wage for each hour worked."].↥
Cal. Lawmaking of Regs., tit. 8, §§ 11010–11170, subd. 1(D) ["The provisions of this guild shall not employ to any individual who is the parent, spouse, child, or legally adopted child of the employer."].↥
Labor Code, § 1191.5 ["Even so the provisions of Department 1191, the committee may result a special license to a nonprofit organization such as a sheltered workshop or rehabilitation facility to permit the employment of employees who have been determined past the commission to meet the requirements in Department 1191 without requiring individual licenses of such employees. The commission shall set a special minimum wage for such employees. The special license for the nonprofit corporation shall be renewed on a yearly basis, or more frequently every bit adamant past the commission."].↥
Cal. Code of Regs., tit. 8, §§ 11010–11170, subd. 2(I) ["'Outside salesperson' means any person, 18 years of historic period or over, who customarily and regularly works more than half the working time away from the employer's identify of business organisation selling tangible or intangible items or obtaining orders or contracts for products, services or employ of facilities."].↥
Labor Lawmaking, § 1171.↥
See, e.g., 29 U.S.C. § 206(1000) [covering "[n]ewly hired employees who are less than 20 years erstwhile"].↥
29 U.S.C. § 218; Aguilar v. Donkey'n for Retarded Citizens (1991) 234 Cal.App.3d 21, 34 ["[F]ederal law does non command unless it is more beneficial to employees than the state constabulary."].↥
See Labor Code § 1182.12, subd. (b) [applying to employers].↥
Estrada v. FedEx Basis Package System, Inc. (2007) 154 Cal.App.quaternary one, 10–11 ["The parties' characterization is not dispositive and will exist ignored if their bodily behave establishes a unlike relationship."].↥
Ayala five. Antelope Valley Newspapers, Inc. (2014) 59 Cal.4th 522, 528 ["Whether a mutual law employer-employee human relationship exists turns foremost on the degree of a hirer's right to command how the terminate result is achieved."].↥
Come across Cal. Lawmaking of Regs., tit. viii, §§ 11010–11170, subd. 1(A).↥
Come across, east.g., Cal. Lawmaking of Regs., tit. 8, §§ 11010–11170, subd. 1(A)(ane)(f) ["Such an employee must besides earn a monthly salary equivalent to no less than ii (2) times the state minimum wage for total-time employment. Full-time employment is defined in Labor Code Department 515(c) every bit twoscore hours per calendar week."].↥
Cal. Code of Regs., tit. 8, §§ 11010–11170, subd. four(b) ["Every employer shall pay to each employee, on the established payday for the period involved, not less than the applicable minimum wage for all hours worked in the payroll flow, whether the remuneration is measured past time, piece, commission, or otherwise."].↥
See United States v. Rosenwasser (1945) 323 U.S. 360, 364 [65 S.Ct. 295, 297] [slice work payment "must be translated or reduced by ciphering to an hourly basis for the sole purpose of determining whether the [FLSA] requirements have been fulfilled"].) Federal courts take generally, but not ever, interpreted Rosenwasser equally permitting an employer to avoid minimum wage liability if the employee's total compensation for a week of work equals the minimum wage the employee would have received if the employee had been paid on an hourly footing. (Compare United States Dep't of Labor 5. Cole Enters., Inc. (6th Cir. 1995) 62 F.3d 775, 780 ["several courts accept held that an employer meets the minimum wage requirements if the total weekly wage paid is equal to or greater than the number of hours worked in the calendar week multiplied past the statutory minimum hourly charge per unit"] with Norceide 5. Cambridge Health Alliance (D. Mass. 2011) 814 F.Supp.2d 17 [employer may not avoid paying minimum wage for hours that employee worked for no pay by claiming that average weekly pay for all hours worked during the week exceeded minimum wage].↥
Armenta v. Osmose, Inc. (2005) 135 Cal.App.4th 314, 324 ["While the averaging method utilized past the federal courts to assess whether a minimum wage violation has occurred may exist appropriate when considered in light of federal public policy, information technology does not advance the policies underlying California'due south minimum wage constabulary and regulations."].↥
Gonzalez v. Downtown LA Motors, LP (2013) 215 Cal.App.4th 36, 52 ["[Eastward]arnings, for purposes of determining compliance with minimum wage requirements, should include not less than the minimum wage for waiting time hours not compensated by the piece rate."].↥
Encounter Armenta v. Osmose, Inc. (2005) 135 Cal.App.4th 314, 324 ["The minimum wage standard applies to each 60 minutes worked by [employees] for which they were not paid."]; Gonzalez v. Downtown LA Motors, LP (2013) 215 Cal.App.4th 36, 52 [applying reasoning of Armenta to piece-rate workers].↥
See, eastward.g., Labor Code, § 204.1 [commissioned car salesperson may exist paid monthly].↥
Labor Code, § 204(a) ["All wages . . . earned by any person in whatever employment are due and payable twice during each month . . . ."].↥
Koehl five. Verio, Inc. (2006) 142 Cal.App.4th 1313, 1335 ["A commission is 'earned' when the employee has perfected the right to payment; that is, when all of the legal conditions precedent accept been met. Such atmospheric condition precedent are a matter of contract between the employer and employee, subject to various limitations imposed past common law or statute."]. We have explained when and how commissions must be paid in more detail in our article The Law on Committee-Based Pay for Sales Employees in California.↥
Peabody v. Time Warner Cable, Inc. (2014) 59 Cal.4th 662, 669 ["Whether the minimum earnings prong is satisfied depends on the corporeality of wages actually paid in a pay period."].↥
Peabody 5. Time Warner Cablevision, Inc. (2014) 59 Cal.4th 662, 669 ["An employer may not attribute wages paid in 1 pay catamenia to a prior pay flow to cure a shortfall."].↥
Peabody five. Time Warner Cable, Inc. (2014) 59 Cal.fourth 662, 669 fn. 6 [citing similar examples].↥
Peabody v. Time Warner Cable, Inc. (2014) 59 Cal.quaternary 662, 669 ["This interpretation narrowly construes the exemption'south language against the employer with an eye toward protecting employees."].↥
Labor Code, § 351 ["No employer or agent shall collect, accept, or receive whatsoever gratuity or a function thereof that is paid, given to, or left for an employee by a patron, or deduct any amount from wages due an employee on account of a gratuity, or crave an employee to credit the corporeality, or any role thereof, of a gratuity against and as a office of the wages due the employee from the employer. Every gratuity is hereby alleged to be the sole property of the employee or employees to whom it was paid, given, or left for."].↥
California courts have mostly permitted "tip pooling," or mandatory sharing of tips past employees, provided that the employer or the employer's amanuensis does non receive a share of the pool. (See, due east.one thousand., Jameson v. Five Feet Eating place, Inc. (2003) 107 Cal.App.4th 138, 141 ["Tip pooling is permissible under California police if an employer or agent does not take any part of a gratuity given to an employee past a patron or otherwise violate department 351."]. An agent, for the purpose of department 351, is someone who can rent, discharge, supervise, direct, or control the acts of an employee. (Labor Code, § 350, subd. (d) ["'Amanuensis' means every person other than the employer having the authority to hire or discharge any employee or supervise, direct, or control the acts of employees."].)↥
Cal. Code of Regs., tit. 8, §§ 11010–11170, subd. 10(C) ["Meals or lodging may not exist credited confronting the minimum wage without a voluntary written agreement between the employer and the employee."].↥
Cal. Code of Regs., tit. eight, §§ 11010–11170, subd. 10(C).↥
Cal. Code of Regs., tit. eight, §§ 11010–11170, subd. 10(A).↥
Cal. Code of Regs., tit. 8, §§ 11010–11170, subd. 10(D).↥
Cal. Lawmaking of Regs., tit. eight, §§ 11010–11170, subd. x(B).↥
Cal. Lawmaking of Regs., tit. 8, §§ 11010–11170, subd. x(D) ["Deductions shall not be made for meals not received or lodging not used."].↥
Von Nothdurft v. Steck (2014) 227 Cal.App.4th 524, 530 [citing Cal. Lawmaking Regs. tit. 8, § 11050, subd. 10].↥
Von Nothdurft v. Steck (2014) 227 Cal.App.4th 524, 530.↥
Labor Code, § 1182.8 ["No employer shall exist in violation of any provision of any applicable order of the Industrial Welfare Commission relating to credit or charges for lodging for charging, pursuant to a voluntary written agreement, a resident apartment manager up to two-thirds of the fair marketplace rental value of the apartment supplied to the managing director, if no credit for the apartment is used to see the employer's minimum wage obligation to the director."]; Brock v. Carrion, Ltd. (E.D.Cal. 2004) 332 F.Supp.2nd 1320, 1328 ["[South]ection 1182.viii governs where an employer does not credit lodging against minimum wages, and Wage Order No. 5 applies when an employer does seek to impose such a credit."].↥
Cal. Code of Regs., tit. eight, §§ 11010–11170, subd. 2(M) ["'Carve up shift' means a work schedule, which is interrupted by not-paid not-working periods established by the employer, other than bona fide residuum or meal periods."].↥
Securitas Security Services U.s., Inc. v. Superior Court (2011) 197 Cal.App.4th 115, 122 ["A 'split shift' occurs only when an employee'south designated working hours are interrupted by i or more unpaid, nonworking periods established by the employer that are not bona fide rest or meal periods. The fact that a single continuous shift happens to begin during one 'workday' and cease in some other does not result in a 'split shift.' Thus, employees working uninterrupted overnight shifts on consecutive days do non piece of work a divide shift and are non entitled to split-shift pay under the wage order."].↥
Cal. Code of Regs., tit. 8, §§ 11010–11170, subd. 4(C) ["When an employee works a divide shift, one hour's pay at the minimum wage shall be paid in improver to the minimum wage for that workday, except when the employee resides at the place of employment."].↥
Aleman five. Airtouch Cellular (2012) 209 Cal.App.4th 556, 575.↥
See Labor Code, § 1194, subd. (a) ["Nevertheless any agreement to work for a bottom wage, whatever employee receiving less than the legal minimum wage or the legal overtime bounty applicative to the employee is entitled to recover in a civil action the unpaid balance of the total amount of this minimum wage or overtime compensation, including involvement thereon, reasonable attorney'south fees, and costs of suit."].↥
Labor Code, § 98.half dozen, subd. (a) ["A person shall non discharge an employee or in any style discriminate, retaliate, or take any adverse action confronting any employee or bidder for employment considering . . . of the exercise by the employee or bidder for employment on behalf of himself, herself, or others of whatsoever rights afforded him or her."].↥
Labor Code, § 98.half dozen, subd. (a).↥
Code of Civ. Proc., § 338, subd. (a); Murphy five. Kenneth Cole Productions, Inc. (2007) twoscore Cal.4th 1094, 1112.↥
Code of Civ. Proc., § 337.↥
Come across Charabanc. & Prof. Code, § 17200, et seq.↥
Bus. & Prof. Lawmaking, § 17208 ["Any action to enforce whatever cause of action pursuant to this chapter shall be commenced within four years afterwards the cause of action accrued. No crusade of action barred under existing law on the effective date of this section shall be revived by its enactment."].↥
29 U.s.a.C. § 255(a).↥
29 U.South.C. § 255(a).↥
McLaughlin v. Richland Shoe Co. (1988) 486 U.S. 128, 133 [108 Due south.Ct. 1677, 1681].↥
Source: https://www.worklawyers.com/californias-minimum-wage-laws/
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