As a working person in San Francisco, you should always be aware of your employment rights and what your employer’s legally required responsibilities are to you as an employee. All employees have basic rights in the workplace, including the right to privacy, fair compensation, and freedom from discrimination. As an employee, you deserve to be treated professionally without discrimination and adequately compensated for your achievements and time on the job. Contact JML Law, APLC in San Francisco at 415-692-3462 if you have been unlawfully treated by your employer. Let our legal team advise you of your rights and what legal actions you could possibly take.
Basics you should
- Minimum wage in California in 2018 is $10.50/hr (25 or fewer employees) and $11/hr (more than 25 employees)
- 2018 IRS mileage rate is 54.5 cents/mile
- As an employee, you are not allowed to work more than 12 hours a day unless essential to the life of the community, national defense or security.
- After seven consecutive workdays in the same week, the employer must pay the employee overtime for the first 8 hours worked and double time after 8 hours on the 7th day.
- Federal law requires employers to pay employees overtime of at least 1.5 times their regular pay for every hour worked in excess of 40 hours in one workweek, regardless of whether they work 24-hour shifts or shorter shifts.
- All adult workers are entitled to one day off a week.
- Adult workers are entitled to a rest break of 20 minutes if you have to work more than six hours at a time. This break doesn’t have to be paid, it depends on your employment contract.
- If you quit without notice, then the employer must have your paycheck ready within 72 hours after your last day of work.
- The employer cannot attach any strings (must sign papers, turn in uniform, or keys, etc.) to your last check.
Overtime
In accordance with Federal law and California’s hour and wage laws, employers can require you to work overtime when needed. If you refuse to work overtime when asked to do so by your employer, you may be fired or disciplined. However, there are limits set for how many hours of overtime your employer can require you to work and for how long you can accumulate over time.
What To Do
If your employer is :
- Asking you to meet illegal and impossible demands of overtime
- Not compensating you for working holidays
- Not allowing you adequate breaks
- Is withholding your paychecks
If you quit your job with or without notice, are fired, or are suspended, you should be paid for all work accomplished while still employed and for any PTO accumulated. Your employer can not keep your pay from you nor hold it over your head as an incentive to return or as punishment. You should never be made to fear ramifications for reporting unlawful or unethical workplace practices. Contact JML Law, APLC at 415-692-3462 or visit our website at jmllaw.com if you have been treated discriminately and/or unlawfully by your employer. Let our San Francisco employment law experts make sure you are treated fairly and are legally compensated for all work accomplished.
Get your questions answered.
Contact Our Lawyers.
Every case is unique and needs to be evaluated by our experienced lawyers. If you are wrongfully fired, mistreated at work or asked to do something inappropriate,
