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Salario Minimo En California

Minimum Wage in California

California has one of the highest minimum wages in the country. The current minimum wage in California is $15 per hour for employers with 26 or more employees and $14 per hour for employers with 25 or fewer employees. This minimum wage applies statewide.

When Did the $15 Minimum Wage Start?

The $15 minimum wage phase-in started on January 1, 2017 when the minimum wage went from $10 per hour to $10.50 per hour for businesses with 26 or more employees. Each year after that, the minimum wage has increased by $1 more per hour until reaching $15 in 2022 for large businesses and 2023 for small businesses.

Here’s a quick timeline of when the $15 minimum wage phase-in started in California:

• January 1, 2017 – $10.50 per hour for businesses with 26+ employees
• January 1, 2018 – $11 per hour
• January 1, 2019 – $12 per hour
• January 1, 2020 – $13 per hour
• January 1, 2021 – $14 per hour
• January 1, 2022 – $15 per hour for businesses with 26+ employees
• January 1, 2023 – $15 per hour for businesses with 25 or fewer employees

So in summary, as of January 1, 2023 the $15 minimum wage applies to all businesses in California regardless of size.

Local Minimum Wage Laws

While the statewide minimum wage in California is $15 per hour, many cities and counties have passed local minimum wage ordinances that are even higher than the state level.

For example, the minimum wage in Los Angeles County and City is $16.04 per hour for businesses with 26 or more employees. In San Francisco, it’s $16.32 per hour.

So employees working in these high-cost areas are eligible for a minimum wage higher than the state level. Always check if your local city or county has a higher minimum wage than the state.

Which Employees Are Eligible?

The minimum wage laws in California apply to all employees in the state, regardless of their occupation, with few exceptions. This includes full-time, part-time, temporary, seasonal, and tipped employees.

However, some employees such as babysitters and adult companions are exempt from minimum wage requirements under California law. Non-profit organizations may apply for an exemption as well.

Independent contractors and self-employed individuals are also not subject to minimum wage laws since they do not have an employer paying them wages.

Tipped Employees

For tipped employees in California, employers have two options:

1. Pay the full minimum wage ($15 per hour statewide) plus tips
2. Pay a lower minimum wage ($14 per hour statewide) plus tips to meet the full $15 minimum wage

If the employee does not make enough tips to meet the $15 per hour minimum, the employer must make up the difference.

So employees keeping all their tips should earn at least the full $15 minimum wage between their lower base pay and tips.

California law prevents employers from counting tips as part of the minimum wage. So tips are in addition to the minimum wage, not part of it.

Overtime Pay

In addition to the minimum wage, employees in California are entitled to overtime pay if they work more than 8 hours in a day or 40 hours per week.

Overtime pay must be at least 1.5 times the regular rate of pay (i.e. time-and-a-half). So for a minimum wage worker, overtime pay would equal $22.50 per hour ($15 regular pay x 1.5).The first 8 hours each day are paid at the regular minimum wage. It’s only the excess hours that are paid as overtime.

Meal and Rest Breaks

Along with minimum wage rules, all employees in California are entitled to meal and rest breaks.

Meal Breaks:

• 5+ hour shift – 30 minute unpaid meal break
• 10+ hour shift – 2nd 30 minute unpaid meal break

Rest Breaks:

• 3.5+ hour shift – One 10 minute paid rest break
• 6+ hour shift – Second 10 minute paid rest break

These required breaks help ensure employees are not overworked and have time to rest and recharge during long shifts.

How to File a Wage Claim

If your employer is violating minimum wage laws or not providing proper meal and rest breaks, you can file a wage claim with the California Labor Commissioner’s Office.

This includes:

• Not paying minimum wage
• Not paying overtime rates
• Not providing meal or rest breaks
• Taking deductions from pay illegally
• Bouncing paychecks

The process to file a wage claim includes:

1. Filing a claim – This starts the investigation into your employer’s pay practices
2. Settlement conference – The employer is asked to resolve the issues at this meeting
3. Hearing – If no settlement is reached, a hearing will be scheduled
4. Appeal – Either party can appeal the decision

Having an employment lawyer assist with your wage claim can improve the chances it is successful. They understand the required evidence and process for proving wage violations.

Resources

California Minimum Wage Fact Sheet: https://www.dir.ca.gov/dlse/faq_minimumwage.htm

California $15 Minimum Wage Phase-In Schedule: https://www.dir.ca.gov/dlse/SB3_FAQ.htm

Local Minimum Wage Laws by Location in California: https://www.dir.ca.gov/dlse/Local_Minimum_Wage_2022.pdf

California Wage Order Exemptions: https://www.dir.ca.gov/IWC/WageOrderIndustries.htm

California Wage Order #5-2001 Regulating Wages, Hours and Working Conditions: https://www.dir.ca.gov/IWC/IWCArticle5.pdf

California Meal and Rest Break Requirements: https://www.dir.ca.gov/dlse/faq_mealperiods.htm

How to File a California Wage Claim: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm