can employer pay under min. wage in california

[mstacyi]

Hi, i recently came across a situation where a friend was offer a job in the state of California. The employer told her that she will start at about 1.00 under min. wage and about after 6 months or so, she then can get a rasie to min. wage.

My friend whom is 17 years and is still in high school. My questions is:

1) can an employer pay their employee at that rate in California?

2) who should we need to talk to, if it is illegal?

thanks.

 

[calalily]

Check Department of Labor website and see if there is an office in your state. Some jobs, such as waitress for example, pay less than minimum wage and the person is expected to make up the difference in tips. So, it may depend on the type of job as to whether it is legal. http://www.labor.ca.gov/ If link doesn't work type California Department of labor into your search engine. Update the forum with what you find out to help others.

 

[cbg]

It may be legal. Minors in CA who have not graduated from high school yet can be paid less than minimum wage in some circumstances, but it depends on the job and there is a limit to how much less. She is free to talk to the DLSE if she feels she is being cheated.

 

[mstacyi]

she works at Red Carpet Car wash. She also says that other employees had their wages start under min. wage too. And I know that not every one there is under 18 years old.

i have always thought that no matter what in employer have to pay their employees no lower than min. wage, but i will look into it

 

[CdwJava]

From the CA Department of Industrial relations:

There is an exception for learners, regardless of age, who may be paid not less than 85% of the minimum wage rounded to the nearest nickel during their first 160 hours of employment in occupations in which they have no previous similar or related experience.​

For more info:

http://www.dir.ca.gov/dlse/FAQ_MinimumWage.htm

Note that 85% should be $6.38 per hour ... a dollar under would be $6.50 per hour and would likely be lawful under the proper circumstances.

- Carl