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Q.Can an employee agree to work for less than the minimum wage?
A.No. In California, all employers are required to pay at least the state's required minimum wage and this cannot be waived by any agreement unless the employee falls into one of the four exceptions: (1) outside salespersons paid on commission; (2) apprentices regularly indentured under the State Division of Apprenticeship Standards; (3) learners, regardless of age (but only for up to 160 hours), and (4) individuals who are the parent, spouse, or child of the employer. Learners in occupations in which they have no previous similar or related experience must be paid at least $6.80 per hour (85% of the state's minimum wage) for the first 160 hours worked.
If you would like assistance with filing a California wage claim with either the California Labor Commissioner or a California Small Claims Court, call 818-849-5206 or email Melissa C. Marsh, Esq. to speak with a licensed California attorney. Mention this article and receive a 30-minute consultation for just $99.
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