Attention San Francisco
Clients:
Effective January 01, 2008 the minimum wage structure for any
business operating in the City of San Francisco is as follows:
Minimum
Wage: $9.14
Overtime Wage (over 40 hours in a week or 8 hours in a day): $13.71
Automotive Technicians with own tools: $18.28
All Salaried Individuals: $731.20 per 40 hour week or $18.28. per
hour (salaried employees overtime may apply)
Also, remember
that you must post the “San Francisco” edition of the Labor Law
Poster to meet the City’s posting requirements. There is also a new
Unemployment Insurance Posting Requirement. Here’s a link to order
those posters.
http://www.laborlaw cc.com.
Alternative Work Schedules
If two-thirds of the workforce agrees on an alternative work schedule (as decided by a
secret ballot election), then a schedule may be implemented of up to 10 hours in a day,
but no more than 40 hours per week. If an employee cannot work the alternative schedule,
however, the employer is required to make a reasonable effort to accommodate the employee.
If an employee submits a written request to work between 8 and 10 hours per day, then
that schedule may be implemented.
Make-Up Time
If an employee misses work time due to a personal obligation, and decides to make up
the lost time later in the same week, the employer is not obligated to pay overtime if the
employee doesn't work more than 11 hours on the make-up day. Granting an employee's
request to work make-up time is the employer's sole discretion.
Overtime Laws
For more than 8 hours in a day, an employee must be paid 1.5 times his or her usual
rate, and for over 12 hours in a day must be paid twice the standard rate. In addition, if
an employee works 7 consecutive days, they must be paid 1.5 times the usual rate for the
first 8 hours, and double time for any hours over 8. The 7th consecutive day law applies
regardless of how many hours an employee worked in the preceding six days. Also, any hours
over 40 in a week must be paid at time and a half.
Overtime Exempt Employees
Certain employees are exempt from overtime laws, including those that spend at least
50% of their working time performing work that is primarily intellectual, managerial, or
creative, and requires the exercise of discretion and independent judgment. For more
guidelines on exempt and non-exempt employees, please see
Who's Exempt from Overtime.
Meal Periods
If an employee works more than five hours, an unpaid thirty minute meal period is
required. The exception to this policy is if the employee works less than six hours,
or, and
both the employer and the employee agree to waive the meal period and
signs a Meal Waiver.
If an employee works more than 10 hours, a second thirty minute meal period is
mandated. Again, however, if the employee works less than 12 hours, and both the employer
and the employee agree, the second
meal period may be waived as well.
