Minimum Wage Law

Are you being paid less than the minimum wage?

Effective July 24, 2009, federal law requires employers to pay their employees at least a minimum hourly wage of $7.25. In addition, many states, including California, have their own minimum wage, which may be higher than the federal minimum wage (the California minimum wage is currently $8.00 an hour). If an employee is covered by both federal and state minumum wage law, they are entitled to the higher minimum wage.

Minimum Wage Violations

Unfortunately, not all employers comply with minimum wage requirements. A 2004 study by the Department of Labor found that 54% of employers in the Los Angeles garment industry underpaid their employees in violation of minimum wage law. A 2008 New York Department of Labor study found that over 78% of car washes inspected paid their employees less than the minimum wage. According to the Employment Standards Administration’s Wage and Hour Division (WHD), the industries where minimum wage violations occur the most, include: restaurants, health care, agriculture, day care, hotels, and garment manufacturing. Examples of minimum wage violations include:

• Simply paying an employee less than the minimum wage.

• Deducting expenses such as the cost of equipment, uniforms, spills, breakage, or cash register shortages from an employee's paycheck so that their wages are less than the minimum wage.

• Forcing employees to work for tips or commission alone.

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

Employees who are subject to a minimum wage law violation, may be eligible to bring a suit against their employer to recover lost wages. If you believe that your employer is paying you less than the 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.

Learn more about the Federal Minimum Wage

Learn more about the California Minimum Wage

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 San Franciso-based law firm specializing in employment and labor law, securities litigation, consumer class actions and complex business litigation. Our labor and employment attorneys are highly knowledgeable about employee rights under federal and California employment law, and actively pursue claims on behalf of employees whose rights have been violated. Girard Gibbs' managing partner Daniel Girard was voted one of Northern California's Super Lawyers in 2007 and 2008 by Law & Politics, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.