Legal Question in Employment Law in California

Miniuimu wage

I was offered a job then they told me that the job pays 3.00 an hour can a shop owner pay less than minium wage than the state or is it legal.


Asked on 6/21/03, 11:49 pm

2 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Miniuimu wage

Unless it is a sub-minimum wage job (waiter/waitress, etc.), they have to pay you the legal minimum wage. My suggestion would be that if you are willing to work for minimum wage, tell them you will accept the job, but for not less than the legal minimum wage. If they refuse, tell them if they do not hire you, you will file a complaint with the US and Calif. Labor authorities. It is very possible they will then grudgingly hire you, because they could be forced by the agencies not only to hire you at legal minimum wage, but could have their entire employment practices audited and penalties imposed. Of course, you will not be real popular with your new management, so it could prove to be an uncomfortable working situation.

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Answered on 7/16/03, 11:29 pm
Fariba Faiz Law Offices of Fariba Faiz

Re: Miniuimu wage

It depends as to the nature of the job, i.e. whether it is governed by a local union, the location, the size of the employer, type of employment and other related issues. The employer may have some degree of autonomy as to what wage they offer and what wage level would be acceptable for you given your qualifications for the position. If the employer fails to pay you the required minimum as they promise, then you may have remedies as offered by DOL's wage and hour division, and the like. However, it is unlikley that you can force an employer to hire you at at a certain rate, if they are not otherwise required to pay the same.

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Answered on 7/17/03, 3:48 am


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