San Francisco Lawyer Explains Your Employment Rights
Our Bay Area attorneys have been bombarded recently with questions about the Golden State’s new paid sick leave protocol. Here’s what you need to know:
One of the challenges that any San Francisco employment lawyer faces is the challenge of educating clients about ever-changing legal rules.
On January 1, 2013, a variety of new laws went into effect in the Golden State. They pertain to diverse areas, including worker access to records, employee social media, and anti-discrimination issues. The 2013 laws also specifically impact farm labor and temp employees. Continue reading
You recently lost your job in the San Francisco area, and your old employer has done something very annoying – refused to give you your last paycheck. You probably feel many emotions right now: boiling mad, confused, overwhelmed by your situation, and scared that you won’t be able to get a new job to make your budget and pay your bills. Continue reading
Perhaps you got injured in a Bay Area car accident while delivering a product or driving to a sales convention. Or maybe you hurt yourself at work or suffered a chronic injury (e.g. carpal tunnel syndrome, thoracic outlet syndrome, tennis elbow, etc.). In any case, you want to preserve and protect your ability to file a wage loss claim.
What documentation should you collect and preserve to maximize your chances? Continue reading
If you are a San Francisco worker (or employer), you are probably already at least vaguely familiar with the ballot initiative passed in 2006 that guarantees workers paid sick days. This law, which was supported by nearly two-thirds of voters in the city, provides critical support for workers who fall ill. Per the law, for every 30 hours you work, you get to accumulate one hour of paid sick time. If you work for a small business, with 10 or fewer employees, you can accrue five full days of paid sick time annually. If you work at a larger company, you can accrue even more sick days – up to nine annually. Continue reading
Maybe you’re a California government employee who’s on the verge of foreclosure, and you and your spouse are desperately crunching your budget numbers to see whether you’re “missing” any income. Or maybe you’re an abused or harassed employee, and you have the strong intuition that your employer has been violating California’s work and hour laws – perhaps in a major way. Continue reading
Yes, California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee’s regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek. Continue reading
What can I do if my employer doesn’t pay me my overtime wages?
You can either file a wage claim eve with the Division of Labor Standards Enforcement (the Labor Commissioner’s Office), or you can file a lawsuit in court against your employer in to recover the lost wages. Additionally, if you no longer work for this employer, you can make a claim for the waiting time penalty pursuant to Labor Code Section 203.
Overtime wages must be paid no later than the payday for the next regular payroll period after which the overtime wages were earned. Labor Code Section 204 Only the payment of overtime wages may be delayed to the payday of the next following payroll period as the straight time wages must still be paid within the time set forth in the applicable Labor Code section in the pay period in which they were earned; or, in the case of employees who are paid on a weekly, biweekly, or semi-monthly basis, not more than seven calendar days following the close of the payroll period.