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California Employment Lawyer > San Francisco Wage & Hour Lawyer

San Francisco Wage & Hour Lawyer

California’s status as an at-will state for employment law purposes allows companies great leeway in many aspects of the employer-employee relationship. However, when it comes to wage and hour laws at the federal, state, and local level, organizations must comply with numerous requirements. In addition to minimum wage standards, these statutes govern overtime, missed meals, and rest breaks, and many other areas. Because of the wide-ranging implications, it is crucial for both employers and employees to work with knowledgeable legal counsel.

Our team at Scott Wagner and Associates, P.A. has in-depth knowledge of the relevant wage and hour laws, backed by decades of experience in employment law matters. We advise employers on compliance issues, but we are equally prepared to assist employees in enforcing their rights. For more information on how we can help with your situation, please contact us to schedule a consultation with a San Francisco wage & hour lawyer. You may also benefit from reviewing some of the basics.

Overview of California Wage and Hour Laws

The Fair Labor Standards Act (FLSA) and other federal laws subject companies to numerous requirements regarding wages, hours, breaks, overtime, and many other wage-related topics. However, the California Division of Labor Standards Enforcement (DLSE) has imposed more stringent regulations for employers. For instance:

  • The minimum wage in California is $13 per hour for employers with more than 25 workers;
  • Companies with 25 or fewer employees must pay minimum wage at the rate of $12 per hour;
  • Minimum wage rates will gradually increase to $15 per hour until 2023; and,
  • Employers are required to provide employees with one 30-minute meal break within the first five hours of work, as well as shorter breaks for every four hours on shift.

Overtime and Exemptions

Qualifying employees are entitled to overtime at a rate of 1.5 times their regular hourly pay when they work 8-12 hours in one day AND 8 hours on the seventh consecutive workday. Employers are also required to pay double wages when an employee works more than 12 hours in one day or more than 8 hours on the seventh consecutive workday.

However, overtime regulations and requirements for rest and meal breaks do not apply to exempt employees. Our team at Scott Wagner and Associates, P.A. can provide you with the specifics, but an employer does NOT have to pay overtime or allow breaks if:

  • A worker makes more than a designated amount annually, which varies depending upon the size of the organization;
  • The employee works in a position that is administrative, professional, or executive in nature;
  • The worker’s job duties involve outside sales or computer-related tasks; and/or,
  • The person is otherwise exempt according to FLSA, California law, or other local rules.

Discuss Your Circumstances with a San Francisco Wage & Hour Attorney

Wage and hour laws may seem straightforward, but there are many pitfalls that create challenges for both employers and employees. To learn how our team can assist, please contact Scott Wagner and Associates, P.A. at our offices in San Francisco, CA. We can set up a consultation to assess your situation and determine how to proceed.

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* Cathleen Scott is licensed to practice in Florida only.

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