The state of California follows a firm law structure concerning the allowance of a minimum wage or salary in the labor force. These can be availed by two types of employees - exempt and non-exempt. The exempt salaried workers may not be eligible for pay overtime while the non-exempt salaried workers are eligible for overtime. However, the exempt salaried worker earns twice the minimum wage that is based on a 40 hours work week.
Section 1197, Section 1197.5 and Section 432.3 of the California Labour code ensure that a minimum amount is paid to employees of the California State as salary on an hourly basis. It also emphasizes being fairly treated by employers based on their gender, race, ethnicity, and job applicant's salary histories.
California's Minimum Wage Law - California Labour Code Section 1197
It is stated here that a minimum wage is fixed by the commission or law, either locally or by the state. This is a particular amount that is required to be paid to the employees working in California State. The law, published by the California Industrial Welfare Commission, also states that a lesser amount of payment that is made to an employee will be considered unlawful and therefore the guidance from a criminal attorney is highly recommended.
The current minimum wage is $13 for 26 employees or more and $12 for 25 or lesser employees.
Equal Pay in Wages - California Labour Code Section 1197.5
This section prevents employers of organizations from paying lower salaries to employees of the opposite sex, different race, or ethnicity for equal work completed, under similar working conditions. It eliminates the need to make a comparison of the work of two different employees in the same workplace.
There are some exceptions to this:
- The difference in salary can be based on factors like (A) the merit and (B) The seniority of the employee. Factors like education, experience, or training of an employee in his field. Here, the employer must justify that the reason is related to his/her position. It should be consistent with what is known as a business necessity. It means that an actual and legitimate business purpose is fulfilled by any of the factors. However, if the employee can prove that an alternative practice exists to serve the purpose of the current business, this particular defense will not be applicable.
- The previous salary of a working employee is not just a disparity in compensation for the employee. An employer is allowed to make compensation based on the employee's current salary, as long as the wage difference is justified by one or more factors given in these exceptions.
- An employer who violates the terms (A) or (B) named above, will have to pay the amount of the wages and interest to the affected employee, that is he is deprived of because of the violation. An additional equal amount will also have to be paid as liquidated damages.
- If an employee receives fewer wages than what he/she is entitled to receive, they could recover the balance amount and the interest, in a civil action. They will also receive an equal amount as damages along with the cost of the suit and criminal attorney's fees, despite an agreement to work for a lower wage.
Protecting an Employee's Salary History - Labor Code Section 432.3
The law states precisely that an employee's previous salary history cannot be the determining factor in deciding his current salary. The section applies to all employers that include the local and state governments. An employer is not supposed to ask for information regarding the employee's salary history, either personally or through someone else. This does not prohibit the employer from asking the applicant in question about the salary expectation for the job that they are applying for.
- Section 433 does not apply to section 432.3.
- This particular section is also not applicable to any history of salary that is disclosable to the public according to state or federal law. This includes the Freedom Of Information Act and the California Public Records Act.
The California Federal Criminal Law and The Need For A Federal Criminal Statutes Attorney
Either as an employer or employee It is a criminal defense attorney's job to know the updated laws and sections to be able to represent his clients with full accuracy and success. There are certain defense lawyer tactics that come in handy while trying to fight an employer for non-payment or underpaid wages. A defense lawyer will give you the best advice and fair representation, so don't wait until it is too late and reach out The Law Office Of Raoul Severo, you will get a free first consultation by mentioning one of our Los Angeles attorney discount codes:
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