March 31, 2023

Volume XIII, Number 90

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California Minimum Wage To Be Raised from $8 to $10 Per Hour

On Sept. 25, 2013, California Governor Edmund G. Brown signed into law a bill that will raise California’s minimum wage from $8 to $10 per hour over the next two-plus years. Assembly Bill 10, which was signed by Governor Brown at ceremonies in both Los Angeles and Oakland, will raise California’s minimum wage from $8 to $9 per hour effective July 1, 2014, and from $9 to $10 per hour effective Jan. 1, 2016.

This new law will make California the state with the highest minimum wage in the country. By comparison, the federal minimum wage is $7.25 per hour, and the state that currently has the highest minimum wage, Washington, has a minimum wage of $9.19 per hour. In his State of the Union address earlier this year, President Obama proposed raising the federal minimum wage to $9 per hour but has yet to do so.

In a statement made earlier this month, Governor Brown said that “this legislation is overdue and will help families that are struggling in this harsh economy.” The California Chamber of Commerce opposed the legislation, stating that it “will continue to increase costs on employers of all sizes” and “will have a negative impact on any economic recovery by either limiting available jobs or, worse, creating further job loss.”

The legislation easily passed the Democrat-controlled state Senate and Assembly. The last time California’s minimum wage was raised was in 2008.

The new law will impact not only those workers, but also those who are exempt employees and must be paid on a salary-basis, as most California overtime exemptions require that in order to be treated as exempt the employee must be paid at least twice the minimum wage. Employers should consider issues related to changes in the minimum wage when setting compensation.

© 2023 BARNES & THORNBURG LLPNational Law Review, Volume III, Number 269
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About this Author

Janilyn Brouwer Daub Labor & Employment Attorney
Partner

Janilyn Daub defends employers in labor and employment litigation in federal and state courts, as well as before various governmental agencies, such as the OFCCP, EEOC and NLRB. She is dedicated to helping her clients with the legal issues that arise when managing a workforce, navigating them through the challenges they face while seeking to mitigate future problems and liability.

With a practice that is national in scope, Janilyn frequently advises clients on issues related to affirmative action plans, including plan preparation and defense of Office of Federal Contract Compliance...

574-237-1139
Roy A. Ginsburg, Labor and Employment Attorney, Barnes Thornburg, Law Firm
Partner

Roy A. Ginsburg is a partner in Barnes & Thornburg LLP’s Minneapolis, Minnesota, office and a member of the firm’s Labor & Employment Law Department.

Mr. Ginsburg has represented private and public companies for more than 30 years in employment and commercial litigation within his national practice. He has litigation experience in various employment law disputes, including trade secret misappropriation, usurpation of corporate opportunity, corporate raiding, breach of fiduciary duty, and breach of employment-related contracts, such as restrictive covenants and non-competes....

612-367-8758
Jeanine Kerridge, Barnes Thornburg Law Firm, Indianapolis, Litigation and Government Services Law Attorney
Partner

Jeanine Kerridge is an associate in Barnes & Thornburg LLP's Indianapolis office. She is a member of the firm's Litigation and Governmental Services Departments. Ms. Kerridge has experience representing public and private clients on a wide variety of legislative, public policy and public sector issues at the local, state and federal level. Her practice involves litigation, administrative and regulatory compliance representations involving a wide variety of areas, including constitutional, administrative, ballot, voter rights, MBE/WBE, school law, gaming, land use/eminent domain,...

317-231-6480
Mark Kittaka, Barnes Thornburg Law Firm, Fort Wayne and Columbus, Labor and Employment Law Attorney
Partner

Mark S. Kittaka is a partner and the administrator of the Labor and Employment Law Department of Barnes & Thornburg LLP’s Fort Wayne, Indiana office. Mr. Kittaka’s practice covers all areas of labor and employment law including federal and state litigation concerning discriminatory practices and retaliation claims, including, but not limited to: Title VII race, sex, color, and religious discrimination claims; the Americans with Disabilities Act (ADA) (disability discrimination, reasonable accommodation, interactive process); Age Discrimination in Employment Act (ADEA); the Family and...

260-425-4616
Gerald Lutkus, Barnes Thornburg Law Firm, South Bend, Labor and Employment Attorney,
Partner

Gerald F. (Jerry) Lutkus is a partner in the South Bend office of Barnes & Thornburg LLP where he is a member of the firm’s Labor and Employment Law and Litigation Departments. He practices in the areas of labor and employment law counseling and litigation, arbitration, collective bargaining, and media law. Mr. Lutkus has been recognized on the Indiana Super Lawyers list for his work in labor and employment Law. The Best Lawyers in America has recognized Mr. Lutkus for over 10 years for his work in commercial litigation, employment law - management...

574-237-1118