Many workers wonder if it is legal to accept jobs paying less than the minimum wage. Accepting a job that pays less than the minimum wage may appear as a temporary or necessary option for many workers in the United States, particularly within the Latino community.
The federal minimum wage is the amount that an employer must pay for each hour of work. In California, the minimum wage can exceed $16 per hour, depending on the employer’s size and location. The same holds true in cities like New York, Seattle, and Denver.
Can I legally accept a job below the minimum wage?
The general rule is clear for the benefit of workers: you cannot accept a job that pays less than the applicable minimum wage. The law prohibits a worker from voluntarily waiving his or her right to the minimum wage. That is, even if you accept the offered pay, the employer must still follow the law.
This is to protect workers against labor abuse and ensure fair conditions.
Who is entitled to the minimum wage in 2025?
Most workers in California, regardless of their immigration status, are entitled to receive the minimum wage
The Department of Labor allows certain high school, college or apprentice students to be paid less than the minimum wage under special programs. These must be approved by the government and should not last more than six months.
Some nonprofits can pay less than minimum wage to people with disabilities that affect their productivity, but only if they have a specific permit from the Department of Labor.
Employees who regularly receive tips (such as waiters or bartenders) may be paid a lower base wage, as long as the total of salary plus tips equals or exceeds the legal minimum wage.
What if I get paid less than the law says?
If you are paid below the minimum wage without a valid exception, the employer is breaking the law. In this case, you have the right to claim the unpaid money and could even receive additional compensation for damages.
Consult with the Department of Labor (DOL): You can file a complaint confidentially and without a lawyer.
Seek free legal advice: There are many organizations that help Latino workers recover their money at no cost.
Minimum wage in 2025
As a worker, it is critical that you understand your rights, especially if you are a member of the Latino community in the United States, where this information is frequently ignored due to fear or ignorance. The law is on your side, and no one can make you work for less than you deserve.
Working below the minimum wage is not only risky, but also unnecessary. There are legal channels to defend your labor rights, regardless of your immigration status.
If your employer continues to pay you less than the minimum wage or has retaliated against you for filing a complaint, you should consult a labor lawyer. A professional can assist you in recovering the money you are owed while also ensuring that your rights are respected.
