Remote Work and Minimum Wage

I work online with a company based in North Carolina.My first few pay stubs had
North Carolina taxes then after using a new payroll service I was being taxed
with California percentages. I get paid 10 which is below the minimum for
California but not for North Carolina. Am I entitled to the lost wages since
California’s minimum wage is 10.50?

Asked on November 19, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your GROSS wages, or wages before taxes and any deductions (like for health care, if provided) must meet minimum wage for the state you physically are located or work in (e.g. CA). However, so long as the gross wages meet the state minimum, there is no violation of minimum wage law if extra was withheld for taxes, and any overwithholding or overpayment of taxes is something you should get back at the end of the year when you file your taxes.

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