San Francisco, California Wage and Hour Laws: Upholding Your Rights to Fair Pay and Breaks
Key Points:
The following are among the most frequent workplace violations that employees encounter.
Meal Breaks
California law guarantees all nonexempt employees an uninterrupted, duty-free unpaid, meal break lasting a minimum of 30 minutes after they have worked a five hour shift. Failure to provide these breaks, or encouraging an employee to skip them, is a breach of wage and hour regulations.
Lawful Meal BreaksA qualifying meal break under California law must start prior to the completion of the fifth hour of an employee’s work shift. During a lawful meal break, the employee is relieved of all job duties and the employer relinquishes all direction of the employee’s activities for a minimum of 30 consecutive and uninterrupted minutes.
If any employee’s work shift lasts longer than ten hours, that employee must take a second meal break, relieved of all work duties for a minimum of 30 minutes, at a time no later than the tenth hour of the work shift.
There is a difference between shift hours and hours worked and the determination of whether or not the employee is due a lawful meal break is made based on the latter instead of the former. Which means that if an employee is scheduled to work a seven hour shift, but only works for two of those hours, the employer is not bound by law to provide that employee with a meal break.
On the other hand, if the employee is provided his or her meal break at any time past the legally obligated five hours under the law, that employee is entitled to be compensated for the hour in which he or she worked beyond those five hours at the standard hourly pay rate.
Waiving a Meal BreakAny employee may waive his or her meal break if that employee’s shift will not extend past six hours. Waiving a meal break requires an agreement between the employee and his or her employer prior to the break. This agreement does not need to be in writing.
If any employee is working a shift of longer than ten hours but will not extend that shift past 12 hours, he or she is entitled to a second meal break which may be waived as long as both parties agree and the first meal break of the shift was not previously waived.
No employee is allowed to waive BOTH of his or her meal breaks over the course of one work shift. If an employee has waived a meal break and decided to work through that break instead, this does not empower him or her to end their workday early.
Employers are prohibited from in any way discouraging, obstructing or otherwise preventing any employee from taking the meal break to which they are entitled. This includes offering inducements or incentives or intimidating an employee to waive or skip a meal break.
Employers must provide lawful meal breaks to all nonexempt employees, but an employer is not legally obligated to ensure that employee actually takes advantage of his or her earned meal break.
Meal Breaks Taken “On-Duty”Due to the nature of their job position, some employees may not have the opportunity to step away from their duties and take a lawful meal break as provided by law. A security guard, as an example, may not have the luxury of leaving his or her post. That doesn’t mean he or she doesn’t have the right to a meal break.
Therefore, an “on-duty” meal break is provided under the law and such an arrangement must be agreed upon by the employer and the employee with the understanding that the arrangement can be rescinded at any future date on the part of the employee.
Should an employee miss his or her on-duty meal break and work during that time, the employer is not obligated by law to compensate the employee as a result.
Rest Breaks
San Francisco employees are entitled to paid rest breaks, typically ten minutes long, at regular intervals during their workday. These breaks should be uninterrupted and consecutive, with all work paused during this period. If these breaks are denied, it could result in multiple labor code violations.
Lawful Rest BreaksUnder California law, all rest breaks must last for ten consecutive, uninterrupted minutes and the employee is relieved of his or her duties. The employer must offer a suitable and appropriate location where breaks can be taken by employees, some place other than a public restroom.
Rest breaks may also be taken out of and away from the workplace should an employee decide to do so. These breaks are to be paid by the employer.
A ten minute rest break must be provided to any employee for every four hours he or she works throughout their shift. If the employee is expected to work a six hour shift, that employee would qualify for a lawful rest break after the initial four hours worked. But with two more hours left on the shift, the employee would not be entitled to another rest break for the remainder of the work day.
An employee who works a shift of seven or eight hours would be entitled to take two ten minute rest breaks. The first would be eligible for the initial four hours of the shift, the second would be eligible for the last three or four hours of the shift. In the case of a seven hour shift in which three hours are remaining and not four, the law provides employees the opportunity to take a second rest break if that employee works more than half of the four hours needed for eligibility to earn a rest break. Three hours would qualify EXCEPT in situations where the employee is working only three hours during his or her work shift. In those cases, the employee is not eligible to earn a ten minute rest break
Waiving a Rest BreakWaiving a rest break is similar to waiving a meal break, except making an agreement with the employer is not necessary with the former. But employers are still prohibited under the law to make any effort to discourage, prevent, incentivize, intimidate, or otherwise cause the employee to waive a rest break to which he or she is entitled.
Minimum Wage
In California, the current minimum wage stands at $16.00 per hour, although certain cities and counties may set higher rates. Employers who violate minimum wage laws may face fines of up to $1,000 per violation.
Overtime Compensation
Employers in the state of California are bound by law to pay overtime compensation to eligible employees who have earned it. Overtime compensation is equal to one and a half times the employee’s standard rate.
Who is Eligible for Overtime Compensation?Employees are eligible to receive overtime compensation in the following situations:
- An employee has worked over eight hours during a single workday.
- An employee has worked over forty hours during a single workweek.
- An employee has worked for a seventh day during a single workweek.
There are instances where employers in the state of California are bound by law to pay double time compensation to eligible employees who have earned it. Double time compensation is equal to two times the employee’s standard rate.
Who is Eligible for Double Time Compensation?Employees are eligible to receive double time compensation in the following situations:
- An employee has worked over twelve hours during a single workday.
- An employee has worked over eight hours on a seventh day during a single workweek.
If an employee has worked enough hours to become eligible for overtime or double time compensation, he or she must be paid that additional compensation even if the employer has not authorized those hours to be worked by the employee. Any employee who is eligible for overtime must receive that compensation.
Employees in San Francisco, California who are eligible for overtime pay but have not received it are considered victims of wage violations. Employers could be fined up to $1,000 for each violation they commit.
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Remedies for Employees
Filing Wage and Hour Violations: San Francisco, California
Assess Current Labor Laws
Collect Documentation
Report the Violations to Your Employer
Take the documentation you’ve compiled to your employer and make sure to have your concerns documented in writing. This will provide additional evidence should your case escalate to a formal complaint with the Labor Commissioner’s Office.
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Speak with an Employment Law Attorney to Help Protect Your Rights
California’s labor laws are complex, and successfully demonstrating wage and hour violations in court is best achieved with the assistance of a proficient employment law attorney. An experienced law firm can significantly impact your case’s outcome, offering guidance on how to proceed and ensuring your rights are defended if legal action is required.
Successfully pursuing wage and hour claims can be intricate and demanding without the expertise of a seasoned lawyer. An experienced attorney is crucial for navigating the legal complexities and protecting your rights throughout the process.
The sections address a range of employment law concerns under California’s Fair Employment and Housing Act (FEHA), such as wrongful termination, disability discrimination, failure to engage in the interactive process, misclassification, and violations of wage and hour laws. If you believe your rights have been violated, it is important to consult with an experienced California employment attorney who can help you understand your legal rights and navigate the process of obtaining justice.
Fahim Rahman, a skilled employment attorney specializing in California regulations, is devoted to supporting employees in defending their rights and achieving fair resolutions. For expert advice and to determine the optimal strategy for your case, schedule a consultation with Fahim Rahman.