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Effective July 1, 2016, all employers (wherever located) must pay wages of at least $13.00/hour to every employee who performs work in San Francisco (including temporary and part-time employees). San Francisco (City) was right behind Seattle in leading the charge to a $15.00 minimum wage when its voters passed the San Francisco Minimum Wage Ordinance on November 4, 2014. See San Francisco Minimum Wage Escalates to $11.05 and Beyond and San Francisco Minimum Wage Escalates to $12.25 on May 1, 2015. San Francisco’s minimum will be $3.00 ahead of California’s current $10.00 minimum standard. It will reach $15.00/hour in mid-2018, two years before the statewide minimum hits that level.
The San Francisco ordinance applies to adult and minor employees who work two or more hours per workweek, including non-city resident workers performing work in San Francisco. Compensation used to calculate the City’s minimum includes salary, hourly pay, piece rate, commissions and non-discretionary performance bonuses. See San Francisco Office of Labor Standards Enforcement’s Frequently Asked Questions for more information. An eligible employee cannot waive this minimum except through a valid collective bargaining agreement.
Employers may not retaliate against an employee who asserts his or her right to receive the City’s minimum wage. An employee may file a civil lawsuit against an employer for any violation of this ordinance. The City may investigate possible violations, access payroll records, and enforce minimum wage requirements by ordering reinstatement, payment of back wages, and penalties. See San Francisco Minimum Wage Notice
Affected employers must also post an updated Notice by July 1, 2016, where employees can read it easily.
For further information, contact one of our attorneys Tim Bowles, Cindy Bamforth or Helena Kobrin.
Helena Kobrin
June 29, 2016
If you are an employer facing possible litigation, or have an employee issue on which you need immediate guidance, call us to set up a consultation, or submit your message.
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