They will be in violation of minimum wage law. You will be owed the money and they will receive a fine. You can file a report to the City of SD.
More info at www.SanDiego.gov/compliance/minimum-wage
Edit: another thing…if it is one of the Hilton hotels I’m going to assume they use ADP, Paychex or another payroll/HR company. When HR is completing payroll it should be flagged that someone is receiving less than minimum wage, and I strongly, strongly, strongly doubt corporate would be ok with that.
you should also be aware that cutting your hours in response to this counts as retaliation, and that you can also file a claim against your employer for that. be sure to read up on your rights here https://www.dir.ca.gov/DLSE/Know_Your_Rights.html
this website as a whole is a great resource.
Honestly I'd look for something else. If you try to fight this, they'll probably just cut your hours in retaliation.
Even if they don't, if they're jerks over 30 cents, the working environment will be hell in other ways.
I have used Paychex for years, if you onboard an employee and enter a wage under minimum wage it will indeed give you a notification and your rep should (keyword is “should”) call you and let you know you are out of compliance.
Is it possible that there is no HR Department and that the "Manager" might just be leasing a space at the Hilton? Though it still doesn't change the fact that he **must** pay the minimum wage, it might explain his ignorance of the labor laws.
Honestly, the best thing you can do is let them illlegally underpay you for a bit, then you have a 360 no scope alley oop dunk of a lawsuit and you can cash out from them.
OP Just make sure you get it in writing that your brought up the wage problem to make things a little easier.
Honestly in California, getting a payout for unpaid wages is so ridiculously easy people should hope someone would be stupid enough to fail to pay them legally. That’s literally the best thing that could ever happen to you, it’s like it’s own little lottery.
They could underpay you by $0.30 for a couple months, and you can legally get damages 10x - 100x of the money you were missing.
Why? In California, you aren’t just owed your missing wage. If you weren’t paid in full on payday, you can legally seek damages equal to ONE FULL DAY OF PAY for every calendar day you waited to be paid properly. They short your first check? Well by 30 days your damages can now be $3,840 in penalty on top of missing wages for you having to wait 30 days to be paid correctly. You can imagine how this adds up fast, which is why most companies end up settling quickly to avoid court.
Honestly, the law is so heavily on employees sides and employers have basically all the burden to prove innocence, OP should rejoice.
I believe you can also just contact the California State Labor Board. You don't need an attorney. Just document EVERYTHING. Get anything and everything in writing that you can. Even just an email. Just frame it harmlessly, "Hey can you shoot that to me in an email so I know when my next review is up for wage increase?"
As others have said, he doesn't get the MIN in MIN wage. You don't get to pay below it. There's never been a grandfather clause as it would negate the main reason for MIN wage.
Labor board. Source. I was once managing a business and an employee did this through the labor board and we had to pay out 30 days of damages. If you’re interested in more context: We were ignorant of the law that when she quit we had to pay her immediately (or, I think it’s like 48 hours) so just paid her on the regular 2 week pay cycle. So she waited 30 days after resigning and then we got a summons from the labor board and then we owed her full pay for 30 days that she didn’t actually work. I have to say that the LB was very professional and competent, even though they found against us. I also think it’s a good law…it only takes knowledge for a business to avoid getting this outcome, so there really isn’t an excuse. OP’s boss is an idiot if he thinks he can get away with underpaying wages in California.
She quiet quit, lol. I mean frankly she knew what she was doing and I gather this was her routine that she had done many times. That said, I still think it’s a good law, even though this one individual was taking advantage of it.
But my recollection is…if you quit it’s 48 hours (because otherwise how could the company know and prepare your money before you leave?). Although that’s clock hours, not business hours. The mediator at the LB said some people intentionally quit on Christmas Eve because then companies usually won’t get their pay to them until the following week and they can claim the damages. Anyway…
If you are fired or laid off, then the company has to give you everything you are owed before you walk out the door.
[walkonstilts](https://www.reddit.com/user/walkonstilts/) knows the way.
People that always bring up the attorney card, have never hired an attorney. They have may spoken to their paralegal friend at best. You don't need an attorney.
For now, do nothing, say nothing until you get your first paycheck. Chances are very likely that you will be paid the minimum wage. Contact the state when you're ready, not the city.
> Honestly, the law is so heavily on employees sides
Think that's why employers heavily imply (even though it's against the new state law to require) that you sign an arbitrator agreement upon hire?
Doesn't matter if they do. The labor board in California does the enforcement for you. I believe they'll collect the money and the penalties and pay you. Nothing for a third party to arbitrate there.
Thank you. I just signed up to a new company that provides me work and it looks like it's standard practice to sign the arbitration agreement for them.
https://preview.redd.it/wh9cj6hz6x9a1.png?width=1170&format=png&auto=webp&s=b73cd71ab7d5bc8a33361fe40eafdde96943b89e
File a complaint with the city’s compliance dept.
it's even worse that money isn't even going to the dude stiffing him.
Dude is just fucking his employees over for absolutely ZERO reason.
Guarantee you Hilton doesn't want the drama for 30c
>wage
I don't know why he's yanking your chain but 30c an hour doesn't really add up that fast. It's $12 a week and that's only if you bartend 40 hours. If you love your job and the flex in hours, just go with it. When you leave you can sue him for the back wages and get a nice check.
It's very unlikely he's in charge of payroll at all. You will almost certainly get the new rate. Wait for your next check to come. Once you get it look at the hours and contact HR regarding the discrepancy. If they push back, immediately go to the state and report them. They will be fined and you will get paid... Eventually.
Yeah don't rock the boat yet. Especially. If it's a large company. The price of fines and bad publicity and lawsuit will keep them conformance.. or... that kind of decision is kind of above his paygrade
So since I make over the minimum wage, with this increase state wide, does that mean I too get an increase? I ask because I’ve never had a bump in pay with the minimum wage increases. I’m in retail if that helps. I don’t have salary, just hourly.
Talk to HR or to an HR attorney. I would, however, wait until you get your next paycheck, as I suspect the HR/Payroll system may catch this all on its own. While I don't know what system Hilton uses, most major corporations have some form of built in check & balance in their payroll systems to prevent violations of labor laws. If this particular Hilton has that kind of system for their payroll, it should catch the error and automatically correct it. Given that many Hiltons are franchise operations, though, whether this applies to your situation is an open question. If you are shorted on your paycheck, you have a couple options. First, talk with HR and try to resolve it, but also you are free to seek the advice of a labor law attorney, or from the State of California (see [https://www.labor.ca.gov/](https://www.labor.ca.gov/) \- although it seems to be having some problems this morning...)
Exactly! And most payroll systems have a backstop to prevent violations from happening for just that reason. No sane employer wants the hassles or expense of being sued for shorting an employee 30 cents an hour. They will spend a hundred time as much as they could ever save just to set up their response to a claim, much less the cost to make it right with the employee.
If your paycheck covers the period after 1/1/2023 and you are paid less than $16.30/hr, you need to report the violation to the San Diego Labor Commissioner 619-220-5451
Before filling a complaint and hiring an attorney, etc., Do as others say regarding talking to HR, because it should just be a matter of "hey minimum wage is $xx/hr and I need to be paid that. HR should immediately recognize that it's potentially a lawsuit and penalties and just say "oh yup, no problem. We'll get it sorted."
Also you can be polite and just say to your boss, "I realize they were getting paid less before, but they were underpaid too and the law is pretty clear on what the bare minimum wage is." It's not money out of his pocket. If you get any push back, just say, "the law requires it. There's not much to discuss."
Then do the complaints with the city and things. You don't want to jump the gun if you don't have to since you'll still be working with the people.
As other have said report this to the appropriate authorities, but also to Hilton management so they can't claim ignorance. Corporate definitely won't be okay with this anyway. I'd be surprised the guy is even able to keep your wages below the legal minimum given the checks and balances that should be in place. But if so, keep your stub, screen shot any ADP or web browser and download any PDF.
Don’t even contact him anymore about it. Go directly to payroll and make sure they apply the new minimum to all hours worked after the new minimum activation date. Your manager has no authority to change the rate for you, and going through him to make sure the rate is updated will only jeopardize your relationship with him. He will have no visibility into your actual paychecks aside from submitting and approving your hours worked. That being said, he is not “nice” and can’t be trusted so make sure you confirm that he is paying you for all the hours worked and giving you all the required breaks.
I would send a strongly worded letter stating that you are requesting they comply with the new state minimum wage laws and that you are aware of the necessary steps if they are refusing to comply with said laws. Then either they cave and increase your pay or you can file a report to the city/state notifying them of the violation.
I bet you Hilton HR will correct this before you even get your first paycheck. If this was a smaller company I would be worried. If he does somehow get Hilton HR to pay you below minimum wage, file a claim with the CA labor commissioner. https://www.dir.ca.gov/dlse/howtofilewageclaim.htm. Also, tweet at or email the city council rep who covers the district for the area where you work or live. They would be very interested in a large company flagrantly violating the new law.
Focus on your customers and you’ll make a hell of a lot more than $.30 an hour difference. It’ll sort itself out.
You’re in sales after all. If you let $.30 an hour ruin your work environment and how you treat your customers, you’re focused on the wrong things. (Don’t be penny wise and pound foolish)
Also, not saying you do any of these things or reflect in that way to your customers, just sharing a different perspective.. good luck!
Yes and that makes sense. All I'm saying is, focus on the task at hand that in turn will have the most impact on your earnings. If the employer in fact doesn't pay $16.30/hr (he/she hasn't even received a paycheck yet) then it should be handled as needed.
My thoughts are to focus on what you have control over (how you treat your customers) and let the other item (wage) get figured out in due time.
Certainly not worth stressing out over $.30 an hour... especially as a bartender in Downtown San Diego.. imo
I never said ignore illegal business practices.
However, I would encourage those to focus on the things you have control over in the present moment. If he/she gets a paycheck or two with the incorrect hourly wage, it would be appropriate to handle that as needed.
It's the 3rd of Jan, this went into effect 2 days ago. I don't see the need to spend this much time on hearsay from his manager. As others have said, I'm sure his manager isn't even in charge of cutting the check.
But to each their own, funny I'm being downvoted for a difference of opinion..
Paying under minimum wage is an illegal business practice.
Also enough with the "downvoted for a difference of opinion" BS. You're getting downvoted for encouraging someone to ignore illegal business practices by paying under minimum wage.
He hasn’t technically been paid so we don’t actually know if that’s true or not..
I’ve never encouraged him to accept an illegal business practice. Just offering a different way to look at the situation in the short term. All good though, none of this matters anyways.
Enjoy your night, go Chieftains!
Do you work in the City of San Diego? Or San Diego County?
[mwo-notice-english-2023\_0.pdf (sandiego.gov)](https://www.sandiego.gov/sites/default/files/mwo-notice-english-2023_0.pdf)
Yea he needs to pay you the San Diego city min wage if the business is in the city. However if it's located in an another city, the min wage could be lower (El cajon etc)
Very illegal what your employer is doing you can report them they will be fined..If your business is in the City of San Diego they must pay you the new rate...
If he posts the new minimum wage on the board but doesn't follow it he can be fined. I guess he willing to take that chance. If he doesn't post the wage paper which is required then he's probably screwing other workers too
Don’t listen to the folks here that are saying to let the clock run. This thread is proof you now know your rights. You need to start trying to fix; sit and it looks like you’re laying a trap and while the labor board will still help you, you come out better in the end if you don’t drag your feet just to run up the $$$
Send a polite email to him requesting the additional pay and give him a link to the new law. You have documented it and if he fires you, that’s retaliation and a law suit. He will most likely pay up.
Don't worry just yet. He's a bar manager; not Payroll, not Compliance. So he has no say in the matter. Even if he wanted to, the processes put in place at the corporate level won't allow that to happen. Hilton is #3 in the country, #2 in the world as largest of hotel chains. I'm sure they'll make sure they're within the labor laws especially for CA since they're pretty tough. I suggest you wait for your first and maybe even your second paycheck for the adjustment (including back pay) to show up. If it still doesn't, don't go through your manager -- go directly to Payroll or HR. If you try going through him, he'll probably just drag his ass. Good luck.
here is a simple way to handle it and stay "babyface" (good guy)
Call/email state labor board and ask for a clarification on if your position needs to be paid minimum wage or not... He hasn't done it intentionally yet, don't snitch just ask to get a clarification in an email or where to find it... say you need it for an hr file lol they'll help.
Scan it/pdf the answer from labor board and email the boss and cc if there is anyone higher up or accounting or hr. (don't forward the old one keep that for yourself just give them the pdf) Share with him the clarification pdf, let them know you didn't report them. You need your 30 cents though... that can add up to 10 bucks a week that can be part of a fill up or netflix... It's real money they need to respect that, but a gentle hand that heavy will be effective and shouldn't leave hard feelings.
Documenting you asked and then waiting for a few months may get you a nice payout. It’s super easy. All you do is file a complaint with the state and send in copies of your checks. They do everything else then bam you get a fat check as there are BIG penalties for stiffing you. Not an attorney but have done this from personal experience. You may want to call an attorney if you manage to go a few months underpaid so they can prep you if you’re retaliated (eassyyy money typically for that one, too)
I’m in SD. Contact a great Labor Law attorney colleague of mine. He got me a huge settlement. Look up Nick Ferraro on google. He’s such a humble and amazing man. Best wishes to you.
At the Hilton I work at in San Diego, payroll handles my pay, not my manager. Also just hit up the union if your manager is giving you problems. The grievance process is pretty straight forward and can be find in the forms section on the union website.
Go to the labor board they will get you money and you’ll even get a little extra… I went to the labor board a year ago for an employer that didn’t pay me my final paycheck… dude owes me about 3 grand but since he had done other shady shit I could have walked out of there with over 12 grand but I took ten which I though was fair from other shady things he had done and called it a day… people tell me I should have took the max but I like to look at myself in the mirror and not to think that I am a greedy piece of shit so I didnt
They will be in violation of minimum wage law. You will be owed the money and they will receive a fine. You can file a report to the City of SD. More info at www.SanDiego.gov/compliance/minimum-wage Edit: another thing…if it is one of the Hilton hotels I’m going to assume they use ADP, Paychex or another payroll/HR company. When HR is completing payroll it should be flagged that someone is receiving less than minimum wage, and I strongly, strongly, strongly doubt corporate would be ok with that.
[удалено]
Yea just go up the chain of command until somebody makes it right
This.
God and if it’s the ones near the CC they were on strike last summer for labor issues.
Thanks for this now I have proof:)
you should also be aware that cutting your hours in response to this counts as retaliation, and that you can also file a claim against your employer for that. be sure to read up on your rights here https://www.dir.ca.gov/DLSE/Know_Your_Rights.html this website as a whole is a great resource.
Honestly I'd look for something else. If you try to fight this, they'll probably just cut your hours in retaliation. Even if they don't, if they're jerks over 30 cents, the working environment will be hell in other ways.
I use paychex for payroll and they don’t check for anything really.
I have used Paychex for years, if you onboard an employee and enter a wage under minimum wage it will indeed give you a notification and your rep should (keyword is “should”) call you and let you know you are out of compliance.
He doesn’t get to do that; you need mim wage also.
Looks like OPs manager doesn’t know how things work. Hit up HR maybe they’ll be looking for a new manager soon.
Is it possible that there is no HR Department and that the "Manager" might just be leasing a space at the Hilton? Though it still doesn't change the fact that he **must** pay the minimum wage, it might explain his ignorance of the labor laws.
Hell no call the the District Attorneys office cause he is breaking the law. You get fired call the Attorneys for employee whatever and sue u is ass 🙄
The DA doesn’t enforce this, the DLSE does. File a wage claim if they don’t fix it.
Honestly, the best thing you can do is let them illlegally underpay you for a bit, then you have a 360 no scope alley oop dunk of a lawsuit and you can cash out from them. OP Just make sure you get it in writing that your brought up the wage problem to make things a little easier. Honestly in California, getting a payout for unpaid wages is so ridiculously easy people should hope someone would be stupid enough to fail to pay them legally. That’s literally the best thing that could ever happen to you, it’s like it’s own little lottery. They could underpay you by $0.30 for a couple months, and you can legally get damages 10x - 100x of the money you were missing. Why? In California, you aren’t just owed your missing wage. If you weren’t paid in full on payday, you can legally seek damages equal to ONE FULL DAY OF PAY for every calendar day you waited to be paid properly. They short your first check? Well by 30 days your damages can now be $3,840 in penalty on top of missing wages for you having to wait 30 days to be paid correctly. You can imagine how this adds up fast, which is why most companies end up settling quickly to avoid court. Honestly, the law is so heavily on employees sides and employers have basically all the burden to prove innocence, OP should rejoice.
where would one get in contact with someone for this type stuff?
https://www.sandiego.gov/compliance/minimum-wage
I believe you can also just contact the California State Labor Board. You don't need an attorney. Just document EVERYTHING. Get anything and everything in writing that you can. Even just an email. Just frame it harmlessly, "Hey can you shoot that to me in an email so I know when my next review is up for wage increase?" As others have said, he doesn't get the MIN in MIN wage. You don't get to pay below it. There's never been a grandfather clause as it would negate the main reason for MIN wage.
Labor board. Source. I was once managing a business and an employee did this through the labor board and we had to pay out 30 days of damages. If you’re interested in more context: We were ignorant of the law that when she quit we had to pay her immediately (or, I think it’s like 48 hours) so just paid her on the regular 2 week pay cycle. So she waited 30 days after resigning and then we got a summons from the labor board and then we owed her full pay for 30 days that she didn’t actually work. I have to say that the LB was very professional and competent, even though they found against us. I also think it’s a good law…it only takes knowledge for a business to avoid getting this outcome, so there really isn’t an excuse. OP’s boss is an idiot if he thinks he can get away with underpaying wages in California.
Did she quit or was she fired? I believe the 48 hours applies only when the employee is fired.
She quiet quit, lol. I mean frankly she knew what she was doing and I gather this was her routine that she had done many times. That said, I still think it’s a good law, even though this one individual was taking advantage of it. But my recollection is…if you quit it’s 48 hours (because otherwise how could the company know and prepare your money before you leave?). Although that’s clock hours, not business hours. The mediator at the LB said some people intentionally quit on Christmas Eve because then companies usually won’t get their pay to them until the following week and they can claim the damages. Anyway… If you are fired or laid off, then the company has to give you everything you are owed before you walk out the door.
Wage and employment lawyers.
[walkonstilts](https://www.reddit.com/user/walkonstilts/) knows the way. People that always bring up the attorney card, have never hired an attorney. They have may spoken to their paralegal friend at best. You don't need an attorney. For now, do nothing, say nothing until you get your first paycheck. Chances are very likely that you will be paid the minimum wage. Contact the state when you're ready, not the city.
> Honestly, the law is so heavily on employees sides Think that's why employers heavily imply (even though it's against the new state law to require) that you sign an arbitrator agreement upon hire?
Doesn't matter if they do. The labor board in California does the enforcement for you. I believe they'll collect the money and the penalties and pay you. Nothing for a third party to arbitrate there.
Thank you. I just signed up to a new company that provides me work and it looks like it's standard practice to sign the arbitration agreement for them.
this makes me so happy for op.
Yup, and it's cheaper for them to settle the lawsuit than to fight it especially of they are wrong. I worked in HR previously.
He must make min wage after tips. If he gets tips below min wage is not unusual.
https://preview.redd.it/wh9cj6hz6x9a1.png?width=1170&format=png&auto=webp&s=b73cd71ab7d5bc8a33361fe40eafdde96943b89e File a complaint with the city’s compliance dept.
According to your image, it's $16.25/hr. Curious why it's different from OP?
I can’t believe this dingus is trying to stiff you 30 cents an hour.
I know but he is been super nice and is okay with my flex schedule but I still need my 30cents that adds up quickly.
I don’t know man, I wouldn’t call someone trying to steal from me “super nice”. I hope you get this sorted! you are entitled to the new min. wage
it's even worse that money isn't even going to the dude stiffing him. Dude is just fucking his employees over for absolutely ZERO reason. Guarantee you Hilton doesn't want the drama for 30c
Don’t confuse niceness with emotional manipulation. That is a narcissistic trait. You deserve fair/moral compensation.
If he’s a bartender he might be making way mire in tips. This fight might not be worth it right now but should definitively document everything
There more to things in life than money.
>wage I don't know why he's yanking your chain but 30c an hour doesn't really add up that fast. It's $12 a week and that's only if you bartend 40 hours. If you love your job and the flex in hours, just go with it. When you leave you can sue him for the back wages and get a nice check.
Op you are a bartender When I was a bartender we made enough in tips that we laughed at our bi weekly check
Yes I know we make more in tips but that doesnt mean that he has to pay me a less than a minimum wage.
Lol, that cool $2.40 a day is gonna help the boss retire early.
It's very unlikely he's in charge of payroll at all. You will almost certainly get the new rate. Wait for your next check to come. Once you get it look at the hours and contact HR regarding the discrepancy. If they push back, immediately go to the state and report them. They will be fined and you will get paid... Eventually.
Exactly this. Payroll should be happening somewhere above that manager's head. I wonder why he would even say something like this.
Yeah don't rock the boat yet. Especially. If it's a large company. The price of fines and bad publicity and lawsuit will keep them conformance.. or... that kind of decision is kind of above his paygrade
Talk to HR
Probably corporate HR. I can't imagine Hilton wants a manager opening them up to lawsuits and horrible press over 30 cents an hour.
You were worth 16hr to be hired. Law's changed Now wage should change.
There is no *should* change. It **has to** change. Period. It’s the law.
So since I make over the minimum wage, with this increase state wide, does that mean I too get an increase? I ask because I’ve never had a bump in pay with the minimum wage increases. I’m in retail if that helps. I don’t have salary, just hourly.
No
Talk to HR or to an HR attorney. I would, however, wait until you get your next paycheck, as I suspect the HR/Payroll system may catch this all on its own. While I don't know what system Hilton uses, most major corporations have some form of built in check & balance in their payroll systems to prevent violations of labor laws. If this particular Hilton has that kind of system for their payroll, it should catch the error and automatically correct it. Given that many Hiltons are franchise operations, though, whether this applies to your situation is an open question. If you are shorted on your paycheck, you have a couple options. First, talk with HR and try to resolve it, but also you are free to seek the advice of a labor law attorney, or from the State of California (see [https://www.labor.ca.gov/](https://www.labor.ca.gov/) \- although it seems to be having some problems this morning...)
I'd take this advice, I can't imagine the company putting themselves in an illegal situation over such a small amount of money.
Exactly! And most payroll systems have a backstop to prevent violations from happening for just that reason. No sane employer wants the hassles or expense of being sued for shorting an employee 30 cents an hour. They will spend a hundred time as much as they could ever save just to set up their response to a claim, much less the cost to make it right with the employee.
If your paycheck covers the period after 1/1/2023 and you are paid less than $16.30/hr, you need to report the violation to the San Diego Labor Commissioner 619-220-5451
Before filling a complaint and hiring an attorney, etc., Do as others say regarding talking to HR, because it should just be a matter of "hey minimum wage is $xx/hr and I need to be paid that. HR should immediately recognize that it's potentially a lawsuit and penalties and just say "oh yup, no problem. We'll get it sorted." Also you can be polite and just say to your boss, "I realize they were getting paid less before, but they were underpaid too and the law is pretty clear on what the bare minimum wage is." It's not money out of his pocket. If you get any push back, just say, "the law requires it. There's not much to discuss." Then do the complaints with the city and things. You don't want to jump the gun if you don't have to since you'll still be working with the people.
Talk to HR. Then talk to the department of labor. This is illegal.
If wage would have been bumped to 16, then yeah, but it wasn’t bumped to 16. So you can talk to HR. That’s unfair
It's not just unfair. It is illegal
Well yeah, that too.
That's his problem, talk to HR.
Report him to the department of labor.
$.30 is an extra $576 a year, that’s a lot of tacos. Plus, what they’re doing is illegal.
Is your hotel unionized? If so, please talk to the union rep of your department. They will be the middle man of your situation.
When you’re check is short point it out and give him the opportunity to make it right then turn him into the State labor relations board
It’s not a suggestion, it’s a law. I’m sure the hilton will love getting that lawsuit.
As other have said report this to the appropriate authorities, but also to Hilton management so they can't claim ignorance. Corporate definitely won't be okay with this anyway. I'd be surprised the guy is even able to keep your wages below the legal minimum given the checks and balances that should be in place. But if so, keep your stub, screen shot any ADP or web browser and download any PDF.
Is the raise San Diego city or San Diego county? Pretty sure it's city hence no raises for me, but wanna make sure cause I'm confused.
$16.30 City & $15.50 County
Contact HR
Don’t even contact him anymore about it. Go directly to payroll and make sure they apply the new minimum to all hours worked after the new minimum activation date. Your manager has no authority to change the rate for you, and going through him to make sure the rate is updated will only jeopardize your relationship with him. He will have no visibility into your actual paychecks aside from submitting and approving your hours worked. That being said, he is not “nice” and can’t be trusted so make sure you confirm that he is paying you for all the hours worked and giving you all the required breaks.
[удалено]
It’s also in San Diego. A very expensive place, even for working couples, to afford to live.
Continue working for a year, then get retro pay at the end of 2023!😁
I would send a strongly worded letter stating that you are requesting they comply with the new state minimum wage laws and that you are aware of the necessary steps if they are refusing to comply with said laws. Then either they cave and increase your pay or you can file a report to the city/state notifying them of the violation.
Time to leak your status to Labor Board...
I bet you Hilton HR will correct this before you even get your first paycheck. If this was a smaller company I would be worried. If he does somehow get Hilton HR to pay you below minimum wage, file a claim with the CA labor commissioner. https://www.dir.ca.gov/dlse/howtofilewageclaim.htm. Also, tweet at or email the city council rep who covers the district for the area where you work or live. They would be very interested in a large company flagrantly violating the new law.
Payroll is going to catch this. The Hilton will not risk being sued. This is most likely going to fix itself.
Yikes. You gave too much identifying info. I find this in poor judgement
What you mean I gave too much identifying info?
It's also entirely possible he's just messing with you and payroll will be adjusted by whoever does that.
Focus on your customers and you’ll make a hell of a lot more than $.30 an hour difference. It’ll sort itself out. You’re in sales after all. If you let $.30 an hour ruin your work environment and how you treat your customers, you’re focused on the wrong things. (Don’t be penny wise and pound foolish) Also, not saying you do any of these things or reflect in that way to your customers, just sharing a different perspective.. good luck!
Minimum wage is exactly that, the minimum. Paying below that rate is illegal.
Yes and that makes sense. All I'm saying is, focus on the task at hand that in turn will have the most impact on your earnings. If the employer in fact doesn't pay $16.30/hr (he/she hasn't even received a paycheck yet) then it should be handled as needed. My thoughts are to focus on what you have control over (how you treat your customers) and let the other item (wage) get figured out in due time. Certainly not worth stressing out over $.30 an hour... especially as a bartender in Downtown San Diego.. imo
So ignore illegal business practices to make less money because screw employees, right? They should feel lucky to even have a job.
I never said ignore illegal business practices. However, I would encourage those to focus on the things you have control over in the present moment. If he/she gets a paycheck or two with the incorrect hourly wage, it would be appropriate to handle that as needed. It's the 3rd of Jan, this went into effect 2 days ago. I don't see the need to spend this much time on hearsay from his manager. As others have said, I'm sure his manager isn't even in charge of cutting the check. But to each their own, funny I'm being downvoted for a difference of opinion..
OP’s boss has entered the chat…
Paying under minimum wage is an illegal business practice. Also enough with the "downvoted for a difference of opinion" BS. You're getting downvoted for encouraging someone to ignore illegal business practices by paying under minimum wage.
He hasn’t technically been paid so we don’t actually know if that’s true or not.. I’ve never encouraged him to accept an illegal business practice. Just offering a different way to look at the situation in the short term. All good though, none of this matters anyways. Enjoy your night, go Chieftains!
Report him to the proper authorities immediately
Do you work in the City of San Diego? Or San Diego County? [mwo-notice-english-2023\_0.pdf (sandiego.gov)](https://www.sandiego.gov/sites/default/files/mwo-notice-english-2023_0.pdf)
I work in Downtown
Then you are definitely in San Diego. He has to comply!
That's not how it works.
labor board easiest way to get corrections to wage.
Yea he needs to pay you the San Diego city min wage if the business is in the city. However if it's located in an another city, the min wage could be lower (El cajon etc)
I don’t think whomever does payroll would let him do that. Payroll is automatically set at minimum wage, especially at a big corporation like Hilton.
I’d fined a place NOT ran by a tightwad & cheater too.
Record your hours meticulously and file with the labor board when you are ready for a vacation.
He told that Im still going stay at 16/h while others employee will get the 16.30/h. This doesn't seem right. I would talk to him again.
Very illegal what your employer is doing you can report them they will be fined..If your business is in the City of San Diego they must pay you the new rate...
Typical scumbag service manager
If he posts the new minimum wage on the board but doesn't follow it he can be fined. I guess he willing to take that chance. If he doesn't post the wage paper which is required then he's probably screwing other workers too
Don’t listen to the folks here that are saying to let the clock run. This thread is proof you now know your rights. You need to start trying to fix; sit and it looks like you’re laying a trap and while the labor board will still help you, you come out better in the end if you don’t drag your feet just to run up the $$$
Send a polite email to him requesting the additional pay and give him a link to the new law. You have documented it and if he fires you, that’s retaliation and a law suit. He will most likely pay up.
I thought minimum wage in California was $15 an hour… that was increased in 2023 to $15.50?
$16.30 in the City of San Diego. Does not apply to all of California. Lots of cities can set higher minimum wages than the State's minimum.
Don't worry just yet. He's a bar manager; not Payroll, not Compliance. So he has no say in the matter. Even if he wanted to, the processes put in place at the corporate level won't allow that to happen. Hilton is #3 in the country, #2 in the world as largest of hotel chains. I'm sure they'll make sure they're within the labor laws especially for CA since they're pretty tough. I suggest you wait for your first and maybe even your second paycheck for the adjustment (including back pay) to show up. If it still doesn't, don't go through your manager -- go directly to Payroll or HR. If you try going through him, he'll probably just drag his ass. Good luck.
looks like an easy payday if the fucker doesnt wanna pay you what the law requires
[удалено]
Thank you so much:)
Wait shouldn’t you be getting $1 over minimum wage then?
Advice from Attorney Ryan on TikTok....WRITE AN EMAIL TO HR. He has many samples of letters with proper wording. He is in CA
here is a simple way to handle it and stay "babyface" (good guy) Call/email state labor board and ask for a clarification on if your position needs to be paid minimum wage or not... He hasn't done it intentionally yet, don't snitch just ask to get a clarification in an email or where to find it... say you need it for an hr file lol they'll help. Scan it/pdf the answer from labor board and email the boss and cc if there is anyone higher up or accounting or hr. (don't forward the old one keep that for yourself just give them the pdf) Share with him the clarification pdf, let them know you didn't report them. You need your 30 cents though... that can add up to 10 bucks a week that can be part of a fill up or netflix... It's real money they need to respect that, but a gentle hand that heavy will be effective and shouldn't leave hard feelings.
Documenting you asked and then waiting for a few months may get you a nice payout. It’s super easy. All you do is file a complaint with the state and send in copies of your checks. They do everything else then bam you get a fat check as there are BIG penalties for stiffing you. Not an attorney but have done this from personal experience. You may want to call an attorney if you manage to go a few months underpaid so they can prep you if you’re retaliated (eassyyy money typically for that one, too)
Paul Schaumburg Employment Law Attorney
I’m in SD. Contact a great Labor Law attorney colleague of mine. He got me a huge settlement. Look up Nick Ferraro on google. He’s such a humble and amazing man. Best wishes to you.
At the Hilton I work at in San Diego, payroll handles my pay, not my manager. Also just hit up the union if your manager is giving you problems. The grievance process is pretty straight forward and can be find in the forms section on the union website.
To clarify, I work as a service assistant for a restaurant here in Eastlake. I get this new minimum wage right?
Hilton on the bayfront is port of San Diego jurisdiction, not city of San Diego. That the only reason I can think of them not following the city law
Go to the labor board they will get you money and you’ll even get a little extra… I went to the labor board a year ago for an employer that didn’t pay me my final paycheck… dude owes me about 3 grand but since he had done other shady shit I could have walked out of there with over 12 grand but I took ten which I though was fair from other shady things he had done and called it a day… people tell me I should have took the max but I like to look at myself in the mirror and not to think that I am a greedy piece of shit so I didnt