When working for a company, or any employer for that matter, you are entitled to be paid a minimum rate per hour for the work you provide. Every state varies in their required amount to be paid out, and at times, can be modified throughout the year. Most employers must adhere to the laws and guidelines set forth for the federal minimum wage when deciding a pay rate for a newly hired or existing employee.
On occasion, some employees are exempt from the minimum wage requirements, however, in San Bernardino, California, according to the State of California Department of Industrial Relations, the federal minimum wage rate is set at $10.00 per hour as of January 1, 2016. There are occasions, though, where an individual receives less than California law stipulates, which could result in seeking legal advice for an employee law claim in San Bernardino.
Some instances noted by the State of California Department of Industrial Relations, where a person may be exempt from minimum wage requirements include:
- Individuals who are the parent, spouse, or child of the employer
- Apprentices regularly indentured under the State Division of Apprenticeship Standards3
- Employees employed as bona fide executive, administrative, or professional4.
- An outside salesperson- According to the U.S. Department of Labor, in order for an employee to qualify as an outside salesperson, their primary job must be making sales, or receiving requests for services “for the use of facilities for which a consideration will be paid by the client or customer.”5.
- Those that possess disabilities6.
- Workers of a nonprofit organization
Not only do you want to be sure you’re getting paid the rightful amount per hour, but also keep in mind that when you perform work for more than 8 hours in a day, you are also required to be paid overtime, which would be equivalent to one-half times the regular rate of pay per hour.
What should you do if you feel you are being underpaid?
- Be sure to double check your pay statements, as well as the contract you signed to ensure you are in fact being paid less than the mandatory rate set forth by the state of California.
- Speak with your employer to determine whether or not you fall under the category for exemption.
- Finally, if speaking with your employer leads to no resolution, seek an employment law attorney to help set the record straight.
Often times young adults such as those who meet the age requirements to legally work are unaware of what their minimum wage might be, resulting in being taken advantage of by their employer. Not only is this treatment unfair, but serves as grounds to hire a California employment law attorney. Nobody deserves to be underpaid for the work they complete, especially when the law sets these guidelines that are obligatory.
USAttorneys.com is the next step in obtaining legal advice or representation should you determine you are being paid less than minimum wage.