It is illegal for an employer and an employee to agree to a wage lower than the minimum wage.1 For more information on minimum wage, please see Minimum Wage.

Failure to pay the minimum wage subjects you to fines and imprisonment, and restitution of the wages to the employee. The Labor Commissioner can assess a civil penalty of $100 for each underpaid employee for each pay period during which you did not pay the minimum wage. For each subsequent intentional failure to pay the minimum wage, the penalty is $250.2

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