Overtime Laws For San Francisco Employees
First, you should know that California has some of the most favorable laws when it comes to protecting you at work. Whether making sure you are paid fairly, or guarding you from harassment or retaliation, the California Labor Code weighs heavily in favor of the employee, placing the burden of proof on the employer. Below, I have laid out the basics as they apply to your overtime pay, as it is one of the MOST COMMON areas of labor violations.
Minimum Wage: As of January 2014, The minimum wage for California employees raised to $9 an hour and, it goes up again in July of 2016 to $10 and hour.
Time and a Half Pay: Any non-exempt employee in the state of California is entitled to one and a half times their hourly rate for any time past eight hours in a day, or over 40 hours in a week. This differs from federal overtime in that, federal overtime laws only stipulate overtime pay past 40 hours in a work week.
Double Time: Any non-exempt employee working more than 12 hours in a shift is entitled to two times the regular hourly wage.
* it is important to note that overtime should be calculated inclusive of ALL compensation. This is a very common miscalculation: if you get hourly pay, plus commission, for example, your overtime rate should be determined based on your hourly rate plus an intricate computation which we can show you when you call us. Call us now if you are on commission.
Seventh Day Pay Rule: Yet another protection for California employees, this one provides for double time pay the entire eight hour shift for any worker on a seventh consecutive day.
Off The Clock Penalties: No California worker may be required to continue working after clocking out or before clocking in. This means performing closing tasks at a restaurant, or changing into a uniform on the premises, dropping off the bank deposit or attending a meeting, etc. This is all considered work and as such, needs to be compensated.
Standby and On-Call Pay: This is another frequently ignored regulation. If you are under the control of your company, meaning you may not leave a specific area, drink alcohol, wear certain clothing or other similar regulations, then you are considered, on-call or on standby and as such you must be paid for your time. This can also play into the 7th day rule and there for add up fast.
As mentioned, the above are simplified definitions of the basic overtime protection, but any questions you have should be directed to us at United Employees Law Group.
These rules only apply to non-exempt employees, to learn about the different exemptions that may exclude you from getting overtime pay, or that your boss may be using incorrectly to avoid paying you overtime, see COMMON EMPLOYER TRICKS.