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1. |
Q. |
What is the minimum wage?
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A. |
Effective January 1, 2008, the minimum wages wage as required by California law is $8.00 per hour. There are some exception to the minimum wage requirement:
- Outside salespersons.
- Family employees such as parent, spouse, or child of the employer.
- Learners must be paid not less than 85% of the minimum wage regardless to their ages.
Nonprofit organizations such as sheltered workshops or rehabilitation facilities that employ Mentally or physically, or both disabled workers may be issued a special license by the Division of Labor Standards Enforcement authorizing employment at a wage less than the legal minimum wage.
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2. |
Q. |
Can my employer agree with me to work for less than the minimum wage?
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A. |
No. Employer can’t make an agreement in violation the law and against public policy. The minimum wage is an obligation of the employer and cannot be waived by any agreement, including collective bargaining agreements.
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3. |
Q. |
Is the minimum wage applies to certain age?
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A. |
Yes. There is no distinction made between adults and minors when it comes to payment of the minimum wage.
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4. |
Q. |
Can a restaurant employer use customers tips as a credit toward the minimum wage payment obligation?
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A. |
No. Tips are independent and in addition to the employer’s obligation to pay minimum wages. An employer may not use customers tips received my employees as a credit to reduce its obligation to pay the employee minimum wage.
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5. |
Q. |
Can an employer discriminates or retaliates against employee because the employee questioned him about not being paid the minimum wage?
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A. |
Employer can’t discriminate or retaliate against an employee in any manner whatsoever merely if the employee asks for any of his/her legal right. It is an illegal by employer to discharges employee just because the employee questioned the employer why he/she wasn't being paid the minimum wage, or because employee asks for any legal right such as lunch break, or overtime.
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