Title: 30% over minimum wage law
I work as a paramedic for an ambulance company in the coastal area of California. The employees are also part of a bargaining unit that has well over 100 employees. We have just come to a Tentative Agreement but shortly found out that EMT’s that are being paid minimum wage are also getting a 30% increase (which bring their wage up to $14.30 an hour which also a base pay for a paramedic) before the agreement is even voted on.
It seems like the company and bargaining unit. Did not know anything about this 30% law. Which everyone is trying to figure out what and how this is. You have an employee that has zero experience on an ambulance take a semester class and get a job as an EMT getting paid the same an hour as an employee that has at least a years experience as an EMT plus goes to Paramedic school for over a year and has a base wage as a starting EMT now.
How does this work? Some coworkers are also saying that some employees are due back pay from the year 2000 because of this law. We have 3 shifts that an empkoyee can work, a 24 hour shift ( EMT and Paramedic starting at $14.30 and hour, when the tentative agreement says EMT start at $11), and day 12 hour shift ( EMT makes $14.30 and Paramedic makes $17.95 and tentative agreement says EMT will start at $13.81) and last the 12 night shift ( EMT makes $16.32 and Paramedic makes $21.22).
Can you help me understand why these two shifts EMT’s can make the $14.30 an hour with this 30% above minimum wage law?
Hi Gorge,
Thank you for your question. Do you have a citation to the law you’re referencing? Or is it just part of your collective bargaining agreement or a new policy by your employer?
I haven’t heard of any law requiring EMTs or paramedics to be paid 30% above minimum wage, but I know certain cities and counties have adopted special minimum wage rules. If I know the specific statute you were referencing, I might be able to look it up and have a better understanding of your question.
You have an employee that has zero experience on an ambulance take a semester class and get a job as an EMT getting paid the same an hour as an employee that has at least a years experience as an EMT plus goes to Paramedic school for over a year and has a base wage as a starting EMT now. How does this work?
This sounds very frustrating. Unfortunately, the law does not require employers to compensate workers fairly. It only requires them to be compensated according to the minimum requirements of the law.
So, it’s common for inexperienced workers to be paid the same rate as experienced workers. There is normally nothing unlawful about that, as long as the employer is complying with all laws and not motivated by a discriminatory purpose.
It is perfectly legal for employers to be cheap, as long as they follow the law. Hopefully your collective bargaining agreement will address this disparity.
Some coworkers are also saying that some employees are due back pay from the year 2000 because of this law.
This wouldn’t be right. If your employer was violating the law and that resulted in your receiving less than the amount you are legally owed, there would be a deadline to file your claim. This deadline is called a “statute of limitations.”
The statute of limitations for a minimum wage or unpaid wages claim is generally three years. (Code of Civ. Proc., § 338, subd. (a).) Meaning, employees can go back and collect up to three years of unpaid wages before the date they file their claim.
If the employee is enforcing the breach of a written employment contract, the statute of limitations is four years. (Code of Civ. Proc., § 337.)
In some cases, employees seek to extend the statute of limitations in their wage and hour claim by bringing the claim under California’s Unfair Competition Law. Those claims must be brought within four years. (Bus. & Prof. Code, § 17208.)
It is usually better, however, to bring claims earlier, if possible, so as to avoid relying on this kind of claim in case it turns out to be inapplicable.
Anyway, I hope this information helps. If you would like to learn more about California’s laws surrounding unpaid wages, please see our article: The Law on Late & Unpaid Wages in California. Or, if you’d like to learn more about California’s minimum wage laws, you can find that information in our article: Minimum Wage Law in California.
Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I wish you the best of luck in your situation!