Minimum Wage Attorney
San Jose Minimum Wage Lawyers
A minimum wage is a right. Employers are required to comply with federal, state, and local laws. Local wage ordinances were created to better address the wage necessary to live in that region, though, admittedly, not perfect for the Bay Area.
In San Jose, employees are entitled to receive a higher minimum wage, outlined below, than the established California Minimum wage. Often times, employers will take advantage of their employees by mischaracterizing them as an independent contractor or as being a salary-exempt employee. Other times, the employer is more direct with their agenda and refuse to pay the employee for all hours they work or at the proper, San Jose minimum wage. despite the reason, when an employer fails to pay the applicable San Jose minimum wage it has committed wage theft and the employee could be owed thousands in unpaid wages, penalties, and other money damages!
San Jose Minimum Wage Requirements
January 1, 2020
January 1, 2019
January 1, 2018
July 1, 2017 - December 31, 2017
Frequently Asked Questions
Q: How do employers fail to pay employees the San Jose Minimum Wage?
A: There are a number of ways! The common scenarios include:
Outright refusal to do so
Misclassification as an independent contractor
Mischaracterization as a salary-exempt employee
Failing to pay employees for all hours worked.
Q: My employer is not physically located in San Jose, but I still perform my work there. Am I still covered?
A: Yes. The San Jose Minimum Wage Ordinance covers "employer who [is] subject to the San José Business License Tax or who maintain[s] a facility in San José must pay to each employee who performs at least two (2) hours of work per week in San Jose wages." For more information about the San Jose Minimum Wage Ordinance, click HERE.
Q: Can I be fired if I complain about not receiving the proper minimum wage?
A: If your employer fired you for complaining about minimum wage violations, that is illegal and you may have a claim for wrongful termination and unpaid minimum wages, interest, and all associated penalties! California is serious when it comes to protecting employee’s rights!
California Minimum Wage Requirements
$12 / hr (25 or fewer employees)
$13 / hr (26 or more employees)
$11 / hr (25 or fewer employees)
$12 / hr (26 or more employees)
$10.50 / hr (25 or fewer employees)
$11 / hr (26 or more employees)
$10 / hr (25 or fewer employees)
$10.50 / hr (26 or more employees)