San Francisco Wage & Hour Attorneys
In California, all non-exempt employees are entitled to receive a minimum wage, overtime pay, and rest periods.
Minimum Wage in California
The minimum wage in California is currently $8.00 per hour. Some cities require employers who do business within city limits to pay a higher minimum wage. For example, the minimum wage in San Francisco is currently $9.92 per hour.
CA Overtime Laws
Employers are required by California Labor Code § 510 to pay their non-exempt employees for each hour of overtime.
Non-exempt employees are entitled to compensation at the rate of 1½ times the regular rate of pay ("time-and-a-half") for hours worked in excess of 8 hours per day and/or 40 hours per week, whichever is greater. Additionally, non-exempt employees are entitled to time-and-a-half for the first 8 hours worked on the 7th consecutive day of any work week.
Non-exempt employees are also entitled to compensation at the rate of twice the regular rate of pay ("double time") after working 12 hours in any single workday and after working 8 hours on the 7th consecutive day of any work week.
Rest Period Law
Employers are required by California Industrial Welfare Commission Wage Orders to provide non-exempt employees with a 10-minute rest period for every 4 hours worked. Further, employers are required to provide non-exempt employees with a 30-minute (unpaid) meal period for every five hours worked and two 30-minute (unpaid) meal periods for every 10 hours worked.
If an employer fails to provide a mandatory meal period, California Labor Code § 226.7 requires that the employer pay the employee one additional hour of pay.
Bay Area Employment Lawyers
If you have questions about exempt or non-exempt employee status, contact BV Law for a free consultation. If you believe that your employer has failed to pay you minimum wage, overtime, or provide rest and meal periods that you are entitled to, contact an employment attorney at Bracamontes & Vlasak today to discuss your legal rights.
