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FREQUENTLY ASKED QUESTIONS



Q: Can I sign a contract with my employer agreeing to be paid less than the minimum wage?

A: No. The minimum wage is an employee right, and cannot we waived by an any agreement between the employer and employee.

Q: Are there exceptions to the California minimum wage requirements?

A: A few types of employees may be exempt from the California minimum wage law, depending on the circumstances. These include: outside salespersons, employees who are the parent, child, or spouse of the employer, and certain physically or mentally disabled employees. Minors are not exempt from California minimum wage law.

Q: Can my employer fire me because I inquired about my employment rights?

A: No, it is illegal for your employer to discriminate or retaliate against you for inquiring about your rights, safety concerns or overtime pay. Retaliation may include the threat of or actual termination, demotion, suspension, or harassment.

Q: How much will Girard Gibb's labor and employment law attorneys charge me?

A: Nothing. Our labor and employment law attorneys do not charge our clients for bringing a lawsuit.

HOME > PRACTICE AREAS > EMPLOYMENT & LABOR LAW > CALIFORNIA MINIMUM WAGE

California Minimum Wage

Are you being paid less than the California minimum wage?

As of January 1, 2008, the Califoria minimum hourly wage is $8.00 an hour. Under California law, this is generally the smallest wage, employers are allowed to pay their employees. Unfortunately, not all employers adhere to this law. If you believe that your employer is violating California minimum wage law, you may be eligible to bring a suit against your employer to recover lost wages. Our California labor and employment attorneys specialize in representing employees who have been subject to wage and hour law violations such as minimum wage violations.

Am I covered by federal or California minimum wage law?

Employers are subject to the minimum wage law that provides the highest minimum wage. As the California minimum wage is currently higher than the federal minimum wage, most California employers are subject to California minimum wage law.

California minimum wage and tipped employees

Unlike the federal minimum wage law, California law does not allow employers of tipped employees to count tips towards the minimum wage requirement. Therefore California employers generally are required to pay their tipped employees at least the California minimum wage.

Learn More About Tipped Employees

Minimum Wage Law Overview

Learn more about the Federal Minimum Wage

What can I do if I believe that my employer violated California minimum wage law?

If you believe that your employer is paying you less than the California minimum wage, please call (866) 981-4800 or fill out the form on the right for a free consultation with a labor and employment attorney.

Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.

Why Girard Gibbs LLP?

Girard Gibbs is a national litigation firm specializing in securities litigation, consumer class actions and complex business litigation. Girard Gibbs' managing partner Daniel Girard was voted one of Northern California's Super Lawyers in 2007, 2008, and 2009 by Law & Politics, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.





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