Failure to Pay Minimum Wages

Failure to Pay Minimum Wages

Not being sufficiently paid is one of the biggest complaints of employees. Fortunately, both federal and state laws protect employees, and ensure that they will receive at least a minimum wage for the work they perform.

Unfortunately, it’s not uncommon for employers to ignore minimum wage laws. Very often employers completely ignore all minimum wage laws, especially when paying their employees “under the table” in cash. The employer typically will not offer any benefits, or withhold any taxes. It’s common in those occupations for the employees to be in the country illegally, or to be new immigrants, and to have a limited understanding of the English language. Employers may see an opportunity to take advantage of the employees, who they may decide will be unaware of their legal rights, or fearful of enforcing them. In some cases, when an employee mentions minimum wage laws to an employer, the employer may decide to retaliate, such as by firing the employee. That is illegal as well.

Although there are some exceptions, almost all employees in California must be paid the minimum wage as required by state law. Effective January 1, 2017, the minimum wage for all industries will be increased yearly. From January 1, 2017, to January 1, 2022, the minimum wage will increase for employers employing 26 or more employees.

On January 1, 2020, the minimum wage in Los Angeles County increased to $13 per hour for employers with 26 or more employees and $12 per hour for employees with 25 or fewer employees. Effective January 1, 2021, the minimum wage in Los Angeles County increases to $14.00 per hour for employers with 26 or more employees and $13.00 per hour for employees with 25 or fewer employees.The minimum wage will be adjusted on a yearly basis through 2023.

If an employer fails to pay minimum wage, the employee can either file a wage claim with the Division of Labor Standards Enforcement, or file a lawsuit in court against the employer in order to recover the lost wages.