On October 16, 2024, California’s new healthcare minimum wage increase officially went into effect, significantly raising wages for many healthcare workers across the state. This legislation, outlined in Senate Bills 525, 828, and 159, represents a victory for healthcare workers who have long been advocating for fairer wages.
However, with the new law comes the potential for employers to misinterpret, delay, or even intentionally avoid compliance. This article will explain the wage increases and provide guidance on what workers can do if they are not being paid properly under the new laws. It will also explore how seeking legal help can be an essential step in ensuring that your rights are protected.
The Healthcare Minimum Wage Increase: What You Should Know
The minimum wage increase for healthcare workers applies to a wide range of employees working in specific healthcare settings, including hospitals, clinics, nursing facilities, and psychiatric health facilities. The wage increase is designed to be phased in over time, with different wages depending on the size and type of facility where employees work. The following outlines the key provisions of the new law:
- Workers in hospitals or integrated health systems with 10,000 or more full-time employees will see starting pay of $23 per hour, with increases to $24 in 2025 and $25 by mid-2026. After that, wages will be adjusted annually for inflation.
- Safety net hospitals, which primarily serve Medicare and Medi-Cal patients, will start at $18 per hour, with gradual increases over the next decade until they reach $25 in 2033.
- Dialysis clinics and similar facilities will follow the same timeline as large hospitals, beginning at $23 per hour.
- Smaller facilities, such as rural health clinics, urgent care centers, and community clinics, will start at $21 per hour, with gradual increases until they reach $25 per hour by 2027.
The law covers a broad range of workers, from nurses and caregivers to janitorial staff, food service workers, and administrative employees who support healthcare operations. However, the wage increase does not apply to workers in state-run healthcare facilities, certain independent physician practices, and other non-covered entities.
Implementation Timeline and Compliance
The wage increases went into effect on October 16, 2024, after the California Department of Health Care Services confirmed that hospital quality assurance data collection had begun. From this date, employers at covered healthcare facilities must ensure that their workers receive the new, higher minimum wage based on the type of facility in which they work.
However, as with any significant policy change, some employers may struggle to meet the new standards or may intentionally avoid complying with the new law. This could lead to workers being paid less than what they are legally entitled to under the law. In these cases, workers need to know their rights and understand the steps they can take to ensure they are fairly compensated.
What Can Workers Do If They Aren’t Being Paid the New Minimum Wage?
If your employer is not paying you the correct minimum wage under the new healthcare wage law, it is crucial to act quickly. Below are some steps you can take to address the issue.
1. Document Everything
Keep detailed records of your hours worked, your rate of pay, and any communications with your employer regarding your wages. This documentation will be essential if you need to file a claim or take legal action.
2. Check Your Eligibility
Before moving forward with a wage complaint, ensure that you are covered by the new law. You can check whether your workplace qualifies as a covered healthcare facility by reviewing the type of employer you work for, such as hospitals, clinics, or skilled nursing facilities.
3. Seek Legal Assistance
Filing a wage complaint can be a complicated process, especially when dealing with non-compliant employers. That’s where an experienced attorney can help. Legal representation ensures that your case is handled properly and that your rights are protected throughout the process.
How an Employment Lawyer Can Help
When you are not being paid the wages you deserve, a lawyer can be an invaluable resource. Attorneys specializing in wage and hour disputes can help you understand your rights, file a claim, and recover unpaid wages. Here’s how a lawyer can assist in your case:
1. Evaluate Your Case
A lawyer will assess the type of work you perform, your workplace, and whether you are being underpaid according to the new law. If your lawyer finds that your employer is in violation, they can advise you on the best course of action.
2. Filing a Wage Claim or Lawsuit
If your employer refuses to pay you according to the new minimum wage law, a lawyer can help you file a wage claim with the Labor Commissioner or pursue legal action through the courts.
3. Recovering Back Pay and Damages
An employment lawyer can help you recover the wages you are owed, along with any damages and penalties associated with your case. In some instances, you may also be entitled to additional compensation if your employer’s actions were particularly egregious, such as intentionally withholding wages or retaliating against you for raising a complaint.
4. Protecting Against Retaliation
It is illegal for your employer to retaliate against you for filing a wage complaint or seeking legal action to recover unpaid wages. If you experience retaliation, an attorney can help you file a retaliation claim to protect your rights and seek additional compensation.
Get Help From the Law Offices of Todd M. Friedman, P.C.
If you are a healthcare worker in California and believe your employer is not paying you according to the new healthcare minimum wage law, you don’t have to fight alone. The Law Offices of Todd M. Friedman, P.C., has extensive experience representing workers in wage and hour disputes. We understand the complexities of California’s labor laws and are committed to helping healthcare workers receive the pay they deserve.With the healthcare minimum wage increase now in effect, workers across California can finally receive the fair pay they’ve worked so hard to secure. If you’re not receiving the compensation you’re entitled to, don’t hesitate to take action. Contact an experienced employment lawyer to ensure your rights are upheld, and your wages are protected.
