Minimum wage for servers in California is the same as it is elsewhere in the state – regardless of the fact that waiters and waitresses receive tips. Tips don’t count toward minimum wage for servers in California. Employers must pay them the state’s standard minimum wage.
Servers at restaurants and bars are entitled to the same wages that everyone else in the state is entitled to. Right now, California is working its way up to a minimum wage of $15 per hour across all industries. Each year, our minimum wage goes up by $1.
This table shows the minimum wage increases – and which employers they apply to – that will take place in California until 2023.
Year | 25 Employees or Fewer | 26 or More Employees |
2019 | $11/hour | $12/hour |
2020 | $12/hour | $13/hour |
2021 | $13/hour | $14/hour |
2022 | $14/hour | $15/hour |
2023 | $15/hour |
These minimum wage laws help guarantee that servers and people in other tipped professions can earn a living wage, even if there are no customers coming in or they don’t earn much in tips.
If your employer pays you less than minimum wage or claims that your tips contribute to the minimum wage requirement, you may need to talk to a Glendale employment lawyer.
Related: Minimum wage disputes and unpaid overtime
The law allows for employers with fewer than 25 employees to pay a lower minimum wage than bigger businesses must pay. It’s lower by $1 per hour, which is meant to alleviate payroll stresses for small employers. If you work in a small restaurant with fewer than 25 employees, you’re subject to a $1-less minimum wage than someone who works in a larger restaurant with more than 26 employees.
However, by 2023, things will even out and you will be entitled to the same pay.
Related: Wages in California
Sometimes employers claim that a person’s tips contribute to the minimum wage requirement. These employers may pay you a low wage – let’s say $5 per hour – and say that the tips you earn will bring you up to the current minimum wage.
In some states, that’s perfectly legal – but it’s not in California. If your employer says this, you can point out that California’s wage and hour laws say otherwise. However, be aware that you may need to talk to an employment attorney to resolve the situation.
If you are an undocumented worker, you can make a claim against your employer. Here are the laws that protect you:
This isn’t a complete list, either. The bottom line is that even if you’re an undocumented worker, you are entitled to the minimum wage for servers in California. If your employer says otherwise, you can contact an employment lawyer to learn about the next steps you should take.
If your employer has refused to pay you minimum wage and you’re a tipped worker, you may have legal recourse.
Call us right away at 818-230-8380 for a free consultation with an employment lawyer. We may be able to help you get the compensation you deserve.
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