Q: I work for a Baskin Robbins franchise in San Diego earning $14 p/h. Minimum wage is $15 per hour. Is this legal?
It is a franchise store and the owner owns 3 locations.
A:
Probably, but there are specific situations where an employer is allowed to pay an amount less than the full minimum wage. To know for sure if you are being underpaid it would be a good idea to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
A:
As of January 1, 2022, the minimum wage in San Diego is $15.00 per hour regardless of the number of employees. Unless the owner can prove an exemption to the minimum wage, the owner owns the employees $1.00 per hour for the underpayment, an additional $1.00 per hour as liquidated damages, inaccurate wage statement penalties and potentially waiting time penalties. Depending on the number of employees, you may be able to bring a class action, usually at least 40, but can be as low as 20.
You should speak with an employment lawyer. Most provide free consultations.
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