The Effect of Minimum Wage and Employment Conditions in California
In California, since January 2017, there is a standard minimum wage that all employees are supposed to be paid. The amount is in two categories, there is what is supposed to be paid by any employer with more than 26 employees and those who have less. For Employers that have twenty-six or more employees, they are supposed to pay a minimum wage of 10.50 dollars per every hour worked. The amount was later reviewed in January 2018 upwards to point five of a dollar for both types of employers.
The Californian employee is governed by three sets of laws namely the local, the state and the federal regulations. All the three laws are set to protect the Californian employee in relation with the employer. When the three laws are conflicting, each other, the employer is supposed to pay the highest of the three. That means the employee is supposed to enjoy the amount that is higher than the rest. 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. It it does not matter whether it is a minor or an adult, the law of minimum wage applies to both. When employees are in the service industry, and they are paid some tips by the customers, the employer cannot use that to reduce the fee.
There is the Division of Labor Standard Enforcement that deals with employers who are not paying their employees the set amount. 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. The law also allows anyone who has left the employment by the time they are using the employer, also to claim the waiting time through the labor laws.
After filing the suit, the court will set time and date for hearing. At the time of hearing, both parties will be given tome to testify together with their witnesses. The proceedings are recorded, and afterward an Order or a Decision or Award of the labor commission is served to the concerned parties. When the decision is made, and a party is not happy with what was determined, they are supposed to make an appeal. 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.