I’m getting paid below my hourly rate at work, is there anything I can do?

UPDATED: Sep 30, 2022

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I’m getting paid below my hourly rate at work, is there anything I can do?

I work as a groomer for petsmart and we are
on a weird pay scale that is hourly and
comission. It really doesn’t make sense to any
of the workers. And my pay check says my
hourly is 11.02 but I’m only getting 7.14. And
apparently HR can’t do anything about it

Asked on February 22, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have to be paid at an effective rate that is at least equal to minimum wage, which is currently at least $10.00 per hour in your state ($10.50 per hour is the employer has 26 or more employees). Say you work 40 hours in a week (actual work time; not including unpaid lunch breaks)--you would have to earn at least $400 that week, regardless of how they calculate it. If you are earning less than that, you may have a wage and hour claim for unpaid back wages. If you are being paid as little as you indicate, contact the state Dept. of Industrial Relations--they may be able to help you--or you could try filing a lawsuit for the money. Good luck.

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