What Is Minimum Wage In Maryland 2021?
Maryland workers were paid about $1,338 per week, while the national average salary was approximately $1,220 per week. As of January 1, 2022, Maryland’s minimum wage increased from $12.20 to $12.50 an hour, while the federally-mandated minimum wage remained at $7.25 an hour.
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What is Maryland’s minimum wage July 2021?
Local Minimum Wage Rates in Maryland – While Maryland’s state minimum wage is $12.50 per hour, there are localities that have set their own, higher minimum wages that apply to some or all employees within their jurisdictions. The following is a table of all Maryland localities with established minimum wage laws.
Locality | Applies To | Minimum Wage | Comparison to State |
---|---|---|---|
Montgomery County | 10 or less employees | $14.00 | +$1.50 |
11-50 employees | $14.50 | +$2.00 | |
51 or more employees. Workers 18 and under working under 20 hours per week are exempt. | $15.00 | +$2.50 | |
Prince George’s County | All employees | $11.75 | -$0.75 |
What is minimum wage in the state of Maryland?
Wage Statement for Tipped Employees – Under the new legislation, the Commissioner of the Maryland Division of Labor and Industry (DLI) will adopt regulations requiring restaurant employers that include a tip credit as part of their wages to employees to provide tipped employees with a written or electronic wage statement for each pay period.
The Commissioner will provide notification of the Wage Statement regulations on the DLI’s website.***
The other states to have approved a $15.00 per hour minimum wage are California, Illinois, Massachusetts, New Jersey, and New York. Some local jurisdictions, including Washington, D.C. and Montgomery County in Maryland, also have adopted a $15.00 per hour minimum wage.
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Is Maryland minimum wage going up 2022?
– As of January 1, 2022, the minimum wage in Maryland is $12.20 – $12.50 per hour, Workers in Montgomery County enjoy an even higher minimum wage – $14.00–$15.65. Maryland State Minimum Wage Rates 15 or more employees: $9.25 Effective 7/1/17 $10.10 Effective 7/1/18 $11.00 Effective 1/1/20 $11.75 Effective 1/1/21 $12.50 Effective 1/1/22 $13.25 Effective 1/1/23 $14.00 Effective 1/1/24 $15.00 Effective 1/1/25 14 or fewer employees: $9.25 Effective 7/1/17 $10.10 Effective 7/1/18 $11.00 Effective 1/1/20 $11.60 Effective 1/1/21 $12.20 Effective 1/1/22 $12.80 Effective 1/1/23 $13.40 Effective 1/1/24 $14.00 Effective 1/1/25 $14.60 Effective 1/1/26 $15.00 Effective 7/1/26 Montgomery County Minimum Wage Rates $9.55 Effective 10/1/15 $10.75 Effective 7/1/16 $11.50 Effective 7/1/17 $12.00 – $12.25 Effective 7/1/18 $12.50 – $13.00 Effective 7/1/19 $13.25 – $14.00 Effective 7/1/20 $13.50 – $15.00 Effective 7/1/21 $14.00 – $15.65 Effective 7/1/22 Prince George’s County Minimum Wage Rates $9.55 Effective 10/1/15 $10.75 Effective 10/1/16 $11.50 Effective 10/1/17 $11.60 – $11.75 Effective 1/1/21 Many (if not most) employees in Maryland are protected by the Maryland Wage and Hour Law.
What is a living wage in Maryland?
Typical Annual Salaries – These are the typical annual salaries for various professions in this location.
Occupational Area | Typical Annual Salary |
---|---|
Management | $130,155 |
Business & Financial Operations | $86,146 |
Computer & Mathematical | $109,975 |
Architecture & Engineering | $102,977 |
Life, Physical, & Social Science | $96,963 |
Community & Social Service | $54,377 |
Legal | $88,478 |
Education, Training, & Library | $67,742 |
Arts, Design, Entertainment, Sports, & Media | $59,235 |
Healthcare Practitioners & Technical | $84,113 |
Healthcare Support | $33,812 |
Protective Service | $53,554 |
Food Preparation & Serving Related | $27,007 |
Building & Grounds Cleaning & Maintenance | $32,164 |
Personal Care & Service | $30,281 |
Sales & Related | $32,849 |
Office & Administrative Support | $44,705 |
Farming, Fishing, & Forestry | $36,755 |
Construction & Extraction | $52,173 |
Installation, Maintenance, & Repair | $56,068 |
Production | $41,666 |
Transportation & Material Moving | $37,161 |
Living Wage Calculator – Living Wage Calculation for Maryland
How many hours is full time in MD?
Maryland overtime laws – Overtime in Maryland is regulated by the Fair Labor Standards Act. According to the FLSA, any time over 40 weekly hours worked is considered overtime. In accordance with this, employers are required to pay their employees 1.5 times their regular wage for any overtime work ($18.75/hr).
How much does McDonald’s pay per hour 2021 Maryland?
How Much Does McDonald’s Pay By State – The states where McDonald’s pays the highest salary are Massachusetts ($33,462), Maine ($32,098), Washington ($30,824), California ($30,443) And New York ($30,283).
What will be the new minimum wage in 2022?
10.1% increase in real Living Wage, the largest year-on-year rise Over 390,000 Living Wage workers are set for a pay boost at over 11,000 Living Wage Employers £338m in extra wages has gone to low-paid workers since January 2022, and more than £2bn since 2011 The new rates are now worth almost £3,000 more per year in the UK than the minimum wage, and almost £5,000 more in London
Almost 400,000 people working for over 11,000 real Living Wage Employers throughout the country are set for a vital cost-of-living pay boost, as the new Living Wage rates rise to £10.90 an hour across the UK (£1 increase), and £11.95 an hour in London (90p increase), supporting workers and families.
This year’s Living Wage rates have been brought forward in recognition of the sharp increase in living costs over the past year. The real Living Wage rates remain the only wage rates independently calculated based on what people need to live on. This year the rate increased by 10.1% in the UK, more than ever in the Living Wage Foundation’s 11-year history reflecting sharp increases in living costs.
New research from the Cardiff Business School shows that Living Wage workers have benefitted from more than £338m in extra wages since the start of this year alone, with one in 10 employees now working for an accredited Living Wage Employer. The new Living Wage rates and the ‘National Living Wage’ – know the difference Unlike the Government minimum wage (‘National Living Wage’ for over 23s – £9.50) the real Living Wage is the only wage rate independently calculated based on rising living costs.
A full-time worker earning the new, real Living Wage would earn £2,730 a year more than a worker earning the current government minimum (NLW), and £1,950 more than their current pay. In London, a full-time worker on the new real Living Wage rate would earn an additional £4,777.50 a year compared to a worker on the current NLW.
The Living Wage movement continues to grow Over the past two years the Living Wage movement has continued to grow, with the number of Living Wage employers more than doubling. Major new Living Wage employers announced during that time include the Royal Albert Hall, Aston University, and the Excel Centre.
They join half of the FTSE 100 companies, household names like Aviva, Everton FC, Ikea, Burberry and Lush as well as thousands of small businesses, who are choosing to pay the real Living Wage to provide workers and families with greater security and stability. There are now also 39 Living Hours employers, including abrdn, Aviva, and West Brom Building Society, going beyond payment of the real Living Wage to also provide a guaranteed minimum of 16 hours work a week, a month’s notice of shift patterns and a contract that reflects hours worked.
Low pay There are 4.8m workers paid less than the real Living Wage. Research published last week by the Living Wage Foundation found that over the past 6 months more workers are skipping meals and using food banks than ever before. Katherine Chapman, Living Wage Foundation Director, said: “With living costs rising so rapidly, millions are facing an awful “heat or eat” choice this winter- that’s why a real Living Wage is more vital than ever.
Today’s new rates will provide hundreds of thousands of workers and their families with greater security and stability during these incredibly difficult times. “We are facing unprecedented challenges with the cost-of-living crisis, but businesses continue to step up and support workers by signing up to the Living Wage in record numbers.
We know that the Living Wage is good for employers as well as workers, that’s why the real Living Wage must continue to be at the heart of solutions to tackle the cost-of-living crisis.” Archbishop of York, Stephen Cottrell, said: “As we reflect during a very sad and troubled period, we can take heart from this news which will make a vital difference to the lives of many thousands of workers across our country.
With living costs rising and many families struggling, a wage that meets everyday needs is more essential than ever. These new Living Wage rates will see thousands of employers provide hundreds of thousands of workers with a wage that will help support them through the difficult times ahead. Decent pay that covers living costs should be a foundational principle for business and, as we approach a difficult winter, I hope to see more employers adopt a Living Wage.” Kristof van Beveren, General Manager, UK, Getir.
“Getting our people a decent living wage is very important to Getir. It embodies Getir’s values and is essential for attracting and retaining talent. In this way, we set the bar for q-commerce, and we fully intend to continue doing so.” Ibrahim Hassan Ali has been working for Getir since June, he said: “I’m 21 and with the current economic environment, working for a business with the living wage accreditation is very important as I feel more secure.
We have guaranteed scheduled working hours alongside the real living wage and we get bonuses and tips on top. They provide everything I need – pensions, paid annual leave, sick pay, insurance, protective equipment and electric delivery vehicles. I enjoy the positive environment within the workspace with a diverse team and try to keep our customers satisfied having completed almost a thousand orders since I started.” Chris Smallwood, Owner of Anchor Removals, a Living Wage employer, said: “When I started my business, I wanted to acknowledge the importance of a wage that values people.
I wanted to break this mentality that is endemic in my industry that it has to be tough. When I get up in the morning, I can look myself in the mirror knowing all the good things around me are not at the expense of other people, because I’ve paid them well.
- I’ve seen an employee go from gambling addiction and debt to become debt free and move into a home with his girlfriend at the age of 42.
- He got on the wrong track in life and just needed an opportunity and at the heart of that was a Living Wage job.
- Think of the benefit to individuals, but also society, by paying a wage that enables workers to stand on their own two feet.” Gavin Ryan, a Living Wage worker at Anchor Removals, said: “When I started working for Anchor 10 years ago, the wages were poor and we were struggling.
I found it really hard. Our Managing Director Chris changed us to a Living Wage Employer in 2016, as he had always said when we got through the tough times he would look after us and he has. Now, I have stability and job security, and the wages have helped me move out of my mum’s house and into a home with my partner.
I can also look after my daughter and buy her the things she needs. During the pandemic, my partner Nic lost her job as a travel consultant and went to work for a supermarket. Her hours and pay were not great, but because I was earning the Living Wage with guaranteed hours, I knew I could support her.
It was a life saver.” Living Wage Foundation Media Contacts for interviews and case studies: John Hood – 07507 173649, [email protected] Emily Roe – 07581430577, [email protected] Maisie Caro – 07950 666882, [email protected] Matt Ford – 07507478967, [email protected] What is the real Living Wage? The real Living Wage is an hourly rate of pay set independently and updated annually (not the UK government’s National Living Wage).
- It is calculated according to the basic cost of living in the UK, and employers choose to pay the Living Wage on a voluntary basis.
- According to the Living Wage Foundation, since 2011 the campaign has impacted over 390,000 employees and delivered over £2bn extra to some of the lowest paid workers in the UK.
About the Living Wage Foundation The Living Wage Foundation is the institution at the heart of the independent movement of businesses, organisations and people who believe that a hard day’s work should mean a fair day’s pay. We recognise and celebrate the leadership shown by the over 11,000 Living Wage Employers across the UK who voluntarily commit to ensure their staff earn a real Living Wage that meets the cost of living.
- We are an initiative of Citizens UK.
- Only the real Living Wage is calculated according to the cost of living in the UK and in London.
- Employers choose to pay this wage on a voluntary basis.
- The real Living Wage applies to all workers over 18 – in recognition that young people face the same living costs as everyone else.
It enjoys cross party support. The UK Living Wage for outside of London from Thursday 22nd September is £10.90 per hour. The London Living Wage is £11.95 per hour. These figures are calculated annually by the Resolution Foundation and overseen by the Living Wage Commission, based on the best available evidence on living standards in the UK and in London.
- Calculations for full time workers are made by multiplying the rates by 37.5 to derive weekly earnings, and then multiplying the weekly earnings by 52 to derive annual earnings.
- For a Living Wage worker in London, the calculation is £11.95*37.5*52=23,302.50.
- For a minimum wage worker, the calculation is £9.50*37.5*52=£18,525.
This results in a difference of £4777.50 between a full time Living Wage worker in London and a full time worker who earns the minimum wage.
Does everyone get the $15 minimum wage?
The minimum wage in California is currently $15.00/hour for employers with 26 or more employees, and $14.00/hour for employers with 25 or less employees. Some cities and counties have higher minimum wages than the state’s rate. UC Berkeley maintains a list of City and County minimum wages in California, Schedule for California Minimum Wage rate 2017-2023. * On July 27, 2022, the Director of the Department of Finance certified that based on the annual inflation rate from 7/1/21-6/30/22, under Labor Code section 1182.12(c)(3)(A), the state hourly minimum wage must be increased, effective January 1, 2023, to $15.50 an hour (regardless of the number of workers employed by an employer).
1. What is the minimum wage? Effective January 1, 2021, the minimum wage increases to $14 per hour for employers with 26 or more employees and $13 per hour for employees with 25 or fewer employees. The minimum wage shall be adjusted on a yearly basis through 2023 according to the pre-set schedule shown above. Effective January 1, 2021, the minimum monthly salary for sheepherders increases to $2,488.97 per month for employers with 26 or more employees and $2,311.24 per month for employers with 25 or fewer employees. The minimum monthly salary for sheepherders is specially set under IWC Wage Order 14-2001. Wages paid to sheepherders may not be offset by meals or lodging provided by the employer. Instead, there are provisions in IWC Order 14-2007, Sections 10(F), (G) and (H) ) that apply to sheepherders with respect to monthly meal and lodging benefits required to be provided by the employer. 2. What is the difference between the local, state and federal minimum wage? Most employers in California are subject to both the federal and state minimum wage laws. Also, local entities (cities and counties) are allowed to enact minimum wage rates and several cities * have recently adopted ordinances which establish a higher minimum wage rate for employees working within their local jurisdiction. The effect of this multiple coverage by different government sources is that when there are conflicting requirements in the laws, the employer must follow the stricter standard; that is, the one that is the most beneficial to the employee, Thus, since California’s current law requires a higher minimum wage rate than does the federal law, all employers in California who are subject to both laws must pay the state minimum wage rate unless their employees are exempt under California law. Similarly, if a local entity (city or county) has adopted a higher minimum wage, employees must be paid the local wage where it is higher than the state or federal minimum wage rates. 3. May an employee agree to work for less than the minimum wage? No. The minimum wage is an obligation of the employer and cannot be waived by any agreement, including collective bargaining agreements. Any remedial legislation written for the protection of employees may not be violated by agreement between the employer and employee. Civil Code Sections 1668 and 3513 4. Is the minimum wage the same for both adult and minor employees? Yes. There is no distinction made between adults and minors when it comes to payment of the minimum wage. 5. I work in a restaurant as a waitperson. Can my employer use my tips as a credit toward its obligation to pay me the minimum wage? No. An employer may not use an employee’s tips as a credit toward its obligation to pay the minimum wage. 6. What can I do if my employer doesn’t pay me at least the minimum wage? You can either file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner’s Office), or file a lawsuit in court against your employer to recover the lost wages. Additionally, if you no longer work for this employer, you can make a claim for the waiting time penalty pursuant to Labor Code Section 203, 7. What is the procedure that is followed after I file a wage claim? After your claim is completed and filed with a local office of the Division of Labor Standards Enforcement (DLSE), it will be assigned to a Deputy Labor Commissioner who will determine, based upon the circumstances of the claim and information presented, how best to proceed. Initial action taken regarding the claim can be referral to a conference or hearing, or dismissal of the claim. If the decision is to hold a conference, the parties will be notified by mail of the date, time and place of the conference. The purpose of the conference is to determine the validity of the claim, and to see if the claim can be resolved without a hearing. If the claim is not resolved at the conference, the next step usually is to refer the matter to a hearing or dismiss it for lack of evidence. At the hearing the parties and witnesses testify under oath, and the proceeding is recorded. After the hearing, an Order, Decision, or Award (ODA) of the Labor Commissioner will be served on the parties. Either party may appeal the ODA to a civil court of competent jurisdiction. The court will set the matter for trial, with each party having the opportunity to present evidence and witnesses. The evidence and testimony presented at the Labor Commissioner’s hearing will not be the basis for the court’s decision. In the case of an appeal by the employer, DLSE may represent an employee who is financially unable to afford counsel in the court proceeding. See the Policies and Procedures of Wage Claim Processing pamphlet for more detail on the wage claim procedure. 8. What can I do if I prevail at the hearing and the employer doesn’t pay or appeal the Order, Decision, or Award? When the Order, Decision, or Award (ODA) is in the employee’s favor and there is no appeal, and the employer does not pay the ODA, the Division of Labor Standards Enforcement (DLSE) will have the court enter the ODA as a judgment against the employer. This judgment has the same force and effect as any other money judgment entered by the court. Consequently, you may either try to collect the judgment yourself or you can assign it to DLSE. 9. What can I do if my employer retaliates against me because I questioned him about not being paid the minimum wage? If your employer discriminates or retaliates against you in any manner whatsoever, for example, he discharges you because you asked him why you weren’t being paid the minimum wage, or because you file a claim or threaten to file a claim with the Labor Commissioner, you can file a discrimination/retaliation complaint with the Labor Commissioner’s Office. Alternatively, you can file a lawsuit in court against your employer.Can I be paid less than minimum wage?
How to complain to HMRC if you’re not paid correctly – This video explains how you can complain to HMRC if you’re not being paid the correct National Minimum Wage. Check whether any of these common minimum wage payment mistakes could apply to you and make sure you’re not missing out.
If you’re being underpaid, talk to your employer. If that doesn’t resolve the issue, consider making a complaint to HMRC, If you have been underpaid by your employer, you are legally entitled to the back pay you are owed. You can also call the Acas helpline for free and confidential advice on 0300 123 1100.
I’ve been underpaid, how do I get my money back? If you think you’ve been underpaid the minimum wage make a complaint to HMRC about your employer. This only takes 5 minutes and you can report your employer even if you no longer work for them. HMRC will contact you for any further details as needed and if it looks like you have not been paid correctly they will investigate your employer.
- HMRC will keep you updated on the progress of any investigation.
- If at the end of the investigation you are owed any arrears of pay, HMRC will instruct your employer to pay these to you directly.
- Are tips counted as part of National Living or Minimum Wage? If you receive tips at work, they cannot legally count towards your National Living Wage or National Minimum Wage rate.
If tips are counted as part of your pay, and you rely on them to bring your pay up to the National Living or Minimum Wage pay rate, then you could be underpaid and not receiving the wages you are legally owed. Think you might be underpaid? Your employer could owe you back pay.
Register a complaint with HMRC or call the Acas helpline for confidential advice on 0300 123 1100, Is my employer allowed to deduct the cost of work wear or tools from my wages? If your employer has deducted from your wages, or you’ve had to pay, the cost of items connected with your job such as uniform, a required dress code, safety clothing or tools etc.
then you may have been underpaid. Deductions or payments for items connected with the job must not take you below the National Living Wage or National Minimum Wage rates for any given pay period. Think you might be underpaid? Your employer could owe you back pay.
- Register a complaint with HMRC or call the Acas helpline for confidential advice on 0300 123 1100,
- Should I get paid for travel while I’m working? Time spent travelling between different assignments whilst at work, is time spent working.
- You should be paid at least the National Living Wage or National Minimum Wage for this travelling time.
Think you might be underpaid? Your employer could owe you back pay. Register a complaint with HMRC or call the Acas helpline for confidential advice on 0300 123 1100, I often start early, or leave late, should I be paid for this time? Additional working time added on to a worker’s shift, before the start or after it ends should be paid at least the National Living Wage or National Minimum Wage.
Examples include time spent passing through security checks, attending handover meetings between shifts or helping to open up shop before trading begins. Think you might be underpaid? Your employer could owe you back pay. Register a complaint with HMRC or call the Acas helpline for confidential advice on 0300 123 1100,
It was my birthday recently, should my employer increase my pay based on my age? Your age affects the pay rate you should receive on the National Living Wage or National Minimum Wage. If your employer didn’t review your pay on either your 18th, 21st, or 23rd (from 1 April 2021) or 25th birthday (prior to April 2021) and was slow to make any adjustments, you might not have got all the pay that you’re owed.
- Think you might be underpaid? Your employer could owe you back pay.
- Register a complaint with HMRC or call the Acas helpline for confidential advice on 0300 123 1100,
- I’m in the second year of my apprenticeship, how much should I be paid? If you are aged 19 or over and have completed the first year of your apprenticeship, then you are legally entitled to at least the National Living and Minimum Wage rates relevant to your age group.
Is there a helpline I can speak to for further advice? Yes, Acas (Advisory, Conciliation and Arbitration Service) provides free, confidential and impartial information and advice to employers and employees on all aspects of workplace relations and employment law.
Employment rights and responsibilities Pay and the National Minimum Wage and National Living Wage
Find out more information about Acas, What happens if HMRC investigates my employer? If HMRC investigates your employer and concludes that the National Living Wage or National Minimum Wage has not been paid correctly to a worker or group of workers, it will issue a Notice of Underpayment to that employer which sets out the arrears to be paid to the workers together with a penalty imposed on the employer.
- The employer may also be publicly named.
- Arrears paid to workers can go back a number of years, are paid at the higher current National Living or Minimum Wage rates and your employer will have to pay the correct pay rates going forward.
- HMRC will keep you updated on progress of any investigation.
- When HMRC investigates an individual worker complaint, it is often the case that other workers in the same or similar situation end up being paid arrears too.
Do I still need to be working for the employer? No. You don’t still have to be working for the employer in question to make a complaint. HMRC investigations can go back six years. Will my employer find out who complained? No. If you make a complaint and wish to remain anonymous, HMRC can hide your identity from an employer during any investigation.
What is Maryland’s minimum wage for 2023?
The minimum wage in Maryland is scheduled to reach $13.25 on January 1, 2023 and then $14.00 on January 1, 2024.
Does everyone get the $15 minimum wage?
The minimum wage in California is currently $15.00/hour for employers with 26 or more employees, and $14.00/hour for employers with 25 or less employees. Some cities and counties have higher minimum wages than the state’s rate. UC Berkeley maintains a list of City and County minimum wages in California, Schedule for California Minimum Wage rate 2017-2023. * On July 27, 2022, the Director of the Department of Finance certified that based on the annual inflation rate from 7/1/21-6/30/22, under Labor Code section 1182.12(c)(3)(A), the state hourly minimum wage must be increased, effective January 1, 2023, to $15.50 an hour (regardless of the number of workers employed by an employer).
1. What is the minimum wage? Effective January 1, 2021, the minimum wage increases to $14 per hour for employers with 26 or more employees and $13 per hour for employees with 25 or fewer employees. The minimum wage shall be adjusted on a yearly basis through 2023 according to the pre-set schedule shown above. Effective January 1, 2021, the minimum monthly salary for sheepherders increases to $2,488.97 per month for employers with 26 or more employees and $2,311.24 per month for employers with 25 or fewer employees. The minimum monthly salary for sheepherders is specially set under IWC Wage Order 14-2001. Wages paid to sheepherders may not be offset by meals or lodging provided by the employer. Instead, there are provisions in IWC Order 14-2007, Sections 10(F), (G) and (H) ) that apply to sheepherders with respect to monthly meal and lodging benefits required to be provided by the employer. 2. What is the difference between the local, state and federal minimum wage? Most employers in California are subject to both the federal and state minimum wage laws. Also, local entities (cities and counties) are allowed to enact minimum wage rates and several cities * have recently adopted ordinances which establish a higher minimum wage rate for employees working within their local jurisdiction. The effect of this multiple coverage by different government sources is that when there are conflicting requirements in the laws, the employer must follow the stricter standard; that is, the one that is the most beneficial to the employee, Thus, since California’s current law requires a higher minimum wage rate than does the federal law, all employers in California who are subject to both laws must pay the state minimum wage rate unless their employees are exempt under California law. Similarly, if a local entity (city or county) has adopted a higher minimum wage, employees must be paid the local wage where it is higher than the state or federal minimum wage rates. 3. May an employee agree to work for less than the minimum wage? No. The minimum wage is an obligation of the employer and cannot be waived by any agreement, including collective bargaining agreements. Any remedial legislation written for the protection of employees may not be violated by agreement between the employer and employee. Civil Code Sections 1668 and 3513 4. Is the minimum wage the same for both adult and minor employees? Yes. There is no distinction made between adults and minors when it comes to payment of the minimum wage. 5. I work in a restaurant as a waitperson. Can my employer use my tips as a credit toward its obligation to pay me the minimum wage? No. An employer may not use an employee’s tips as a credit toward its obligation to pay the minimum wage. 6. What can I do if my employer doesn’t pay me at least the minimum wage? You can either file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner’s Office), or file a lawsuit in court against your employer to recover the lost wages. Additionally, if you no longer work for this employer, you can make a claim for the waiting time penalty pursuant to Labor Code Section 203, 7. What is the procedure that is followed after I file a wage claim? After your claim is completed and filed with a local office of the Division of Labor Standards Enforcement (DLSE), it will be assigned to a Deputy Labor Commissioner who will determine, based upon the circumstances of the claim and information presented, how best to proceed. Initial action taken regarding the claim can be referral to a conference or hearing, or dismissal of the claim. If the decision is to hold a conference, the parties will be notified by mail of the date, time and place of the conference. The purpose of the conference is to determine the validity of the claim, and to see if the claim can be resolved without a hearing. If the claim is not resolved at the conference, the next step usually is to refer the matter to a hearing or dismiss it for lack of evidence. At the hearing the parties and witnesses testify under oath, and the proceeding is recorded. After the hearing, an Order, Decision, or Award (ODA) of the Labor Commissioner will be served on the parties. Either party may appeal the ODA to a civil court of competent jurisdiction. The court will set the matter for trial, with each party having the opportunity to present evidence and witnesses. The evidence and testimony presented at the Labor Commissioner’s hearing will not be the basis for the court’s decision. In the case of an appeal by the employer, DLSE may represent an employee who is financially unable to afford counsel in the court proceeding. See the Policies and Procedures of Wage Claim Processing pamphlet for more detail on the wage claim procedure. 8. What can I do if I prevail at the hearing and the employer doesn’t pay or appeal the Order, Decision, or Award? When the Order, Decision, or Award (ODA) is in the employee’s favor and there is no appeal, and the employer does not pay the ODA, the Division of Labor Standards Enforcement (DLSE) will have the court enter the ODA as a judgment against the employer. This judgment has the same force and effect as any other money judgment entered by the court. Consequently, you may either try to collect the judgment yourself or you can assign it to DLSE. 9. What can I do if my employer retaliates against me because I questioned him about not being paid the minimum wage? If your employer discriminates or retaliates against you in any manner whatsoever, for example, he discharges you because you asked him why you weren’t being paid the minimum wage, or because you file a claim or threaten to file a claim with the Labor Commissioner, you can file a discrimination/retaliation complaint with the Labor Commissioner’s Office. Alternatively, you can file a lawsuit in court against your employer.