San Francisco Wage & Hour Lawyer
Employers must comply with a range of wage and hour laws for employees in California, and particularly for non-exempt employees. In general, exempt employees are those who are in professional, executive, or administrative roles and earn higher salaries. Employees in outside sales positions, and certain computer roles, are also often exempt employees. While many salaried employees are exempt (and do not have the same wage and hour law protections as non-exempt employees), it is important to know that not all salaried employees are exempt. To be sure, even some salaried employees may be non-exempt workers who are eligible for various wage and hour law protections. Contact our experienced San Francisco wage & hour lawyer today for assistance.
What Are Employee Wage and Hour Law Rights in San Francisco?
State and federal labor laws provide many different protections, largely for non-exempt workers, in California when it comes to workers’ rights. The following are just some of the wage and hour laws that employers must comply with for non-exempt employees in San Francisco workplaces:
- California’s minimum wage law ($16.00 per hour, which is significantly higher than the federal minimum wage, and an even higher minimum wage is required within the city of San Francisco);
- Overtime pay at 1.5 times the regular rate of pay for employees who work beyond a 40-hour workweek or work a certain number of hours in a day over 8 hours;
- Double-time pay for employees who work beyond the number of days or hours for which overtime must be paid;
- Required meal and rest breaks after certain amounts of time worked, and meal breaks that are completely free from any work requirements;
- Pay stub or wage statement details including information about rates of pay for hours worked during the pay period; and
- Proper classification as employees versus independent contractors.
State labor laws are allowed to provide greater protections to employees than federal labor laws largely under the Fair Labor Standards Act (FLSA), and California does have more expansive laws with greater protections than those available through the FLSA. Employers in San Francisco must comply with the more expansive state laws concerning employee rights in terms of wage and hour requirements. When an employer violates a federal or state labor law, the employee who was affected may be eligible for compensation and other remedies, and the employer may be required to pay a substantial fine.
Common San Francisco Wage and Hour Law Violations
There are many wage and hour law violations that can occur in California, and they can vary widely. Some examples include:
- Failing to pay the overtime or double-time rate;
- Misclassifying an employee as an independent contractor, or misclassifying a non-exempt employee as an exempt employee to avoid paying overtime;
- Refusing to provide a meal or rest break;
- Requiring employees to work during their meal break; or
- Making paycheck deductions that result in an employee receiving less than the minimum wage.
Contact Our San Francisco Wage & Hour Lawyers Today
When a wage and hour violation occurs, it is important for the affected employee to seek legal help. Whether you were misclassified as an independent contractor and have not received the benefits you are owed, or you were not properly paid for overtime or double-time work, the advocates at Venardi Zurada can help you. Contact our experienced San Francisco wage & hour lawyer today to find out more about your options for filing a claim and seeking a remedy for the violation you experienced.