As of 2018, San Francisco’s minimum wage is $15 an hour. It is not uncommon for an employer to underpay their employee(s) and assume that their employee would not question their earnings. If you have been taken advantage of by your employer and have not been paid your rightfully earned wages, contact JML Law in San Francisco at 415-692-3462. Our experienced employment attorneys are experts in wage and hour laws and can ensure you receive just compensation for your work.
San Francisco Labor Laws
San Francisco has its own labor ordinances that are mandatory for every employer.
- Minimum Wage Ordinance-All employees who work in San Francisco at least two hours in a week, including part-time and temporary workers, are entitled to the San Francisco minimum wage.
- Paid Sick Leave Ordinance-Employers must provide paid sick leave to all employees (including temporary and part-time employees) who perform work in San Francisco.
- Lactation in the Workplace-Employers must provide employees with lactation breaks and a lactation location, and must have a policy that explains how employees will make a request for lactation accommodation.
- Consideration of Salary History-Prohibits employers from asking applicants about their current or past salary or disclosing a current or former employee’s salary history without the employee’s authorization unless the salary history is publicly available.
There are federal and state employment laws that govern what employers must pay their non-exempt employees. (For a list of exempt jobs click here) Employers can require their employees to work scheduled overtime, however, a typical issue with employers is the willingness to pay overtime. Some employers assume their employees are not familiar with the rules of overtime and pay their employees only their set hourly wages. The California laws on overtime are:
- Overtime pay is one and a half times the employee’s set hourly wage
- Any hours worked after 8 hours in one day
- Overtime pay is double the employee’s set hourly wage if they work over 12 hours in one day
- Any hours worked after 40 hours in a week
- Overtime is double the set hourly wage after the 8th hour worked on the 7th consecutive day
- Overtime must be paid to the employee who has worked overtime regardless of whether or not it was authorized by the employer
- An employer can punish an employee for working unauthorized overtime
- An employee can not hide unauthorized overtime and later request payment from their employer
- Hours paid for sick leave, vacation days, or holiday pay (when off) do not count towards overtime
What To Do
You should consult with an attorney if your employer has failed to pay you for all hours worked, minimum wage, overtime, or for breaks during the workday. Contact JML Law in San Francisco at 415-692-3462 to speak with an attorney with extensive experience in wage and hour laws. Let us take statements and gather documentation to file a wage claim. Our litigators at JML Law will exercise your employment rights and fight for the recovery of your lost wages. You are responsible for no attorney fees if we do not win.
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