The minimum wage will finally be $10.00 an hour in California, but not immediately. July 1, 2014 minimum in California will increase to $9.00 an hour. Not until January 1, 2016 will minimum wage increase to $10.00 an hour. By then, maybe $10.00 an hour will be worth $8.00 an hour now. Employers who do not pay attention to this gradual step-up in minimum wage will find themselves the subject matter of lawsuits to collect minimum wage.
If won, minimum wage lawsuits require the employer to pay the employee’s attorney fees. Won cases for the payment of minimum wage also require the employer to pay all wages due with interest. Much of the applicable California laws on unpaid minimum wage are California Labor Code Section 1194, California Labor Code Section 1194.2, and California Labor Code Section 1194.3 which provides for attorney fees and costs.
As experienced employment lawyers we would welcome the opportunity to examine your paystubs to determine if you were appropriately paid minimum wage, the number of hours you were paid for is clear, and correct. In addition, we would like to know if your paystubs correctly indicate the number of overtime hours you were paid and the rate you were paid. The employer’s failure to properly itemize the hours you worked and the rates you were paid may subject them to additional penalties which we can help you collect.
Most lawsuits involving pay discrepancies require the employer to pay attorney fees and costs to the winning employee. If you are concerned that you are owed a sum certain by your employer and you do not want to share that money through a contingency fee, depending on your wage dispute, if the employer has to pay your attorney fees that may be factored into a settlement if your case does not go to trial or arbitration.
Contact us for any pay related issues.