San Francisco’s overtime pay laws are designed to compensate employees for working longer than the standard workday or workweek. These laws are among the most generous in the United States and are strictly enforced by the California Department of Industrial Relations. Here are the key aspects of California’s overtime pay laws:
- Overtime Pay Rates:
- Time and a Half: San Francisco employees earn 1.5 times their regular rate of pay for:
- All hours worked over 8 hours up to and including 12 hours in any workday.
- The first 8 hours worked on the seventh consecutive day of work in a workweek.
- Double Time: San Francisco employees earn double their regular rate of pay for:
- All hours worked over 12 hours in any workday.
- All hours worked over 8 hours on the seventh consecutive day of work in a workweek.
- Definition of Workday and Workweek:
- A “workday” is any consecutive 24-hour period starting with the same time each calendar day.
- A “workweek” is any seven consecutive days, starting with the same calendar day each week. Workweeks are fixed and cannot be changed to avoid paying overtime.
- Exemptions: Certain San Francisco employees are exempt from California’s overtime laws based on specific criteria related to their job duties, salary level, and the type of employment. Common exemptions include executive, administrative, and professional employees as defined by the California Labor Code.
- Waivers and Agreements: Generally, overtime cannot be waived by an agreement between the employer and employee. However, alternative workweek schedules can be adopted by a work unit through a secret ballot election, allowing for workdays longer than 8 hours without overtime pay, subject to specific rules and limitations.
- Non-Compliance Penalties: San Francisco employers who fail to pay required overtime face penalties, including paying the unpaid overtime plus interest, and potentially additional penalties for willful non-compliance.
San Francisco’s overtime laws ensure that employees are fairly compensated for extended work hours, protecting their health and well-being. Both employers and employees should be aware of these regulations to ensure compliance and to protect the rights of workers.
