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Updated Employment Laws for San Francisco Employers

Employers with employees performing work in San Francisco need to know of three changes to local employment laws that take effective July 1, 2020:

  • Minimum Wage Increases to $16.07
  • Paid Parental Leave Expands to 8 Weeks
  • Updated Required Posters

Generally speaking, San Francisco’s employment-related ordinances apply if an employee works 2 or more hours per week in San Francisco.

SF Minimum Wage: $16.07

The San Francisco minimum wage increases to $16.07 per hour on July 1, 2020. The minimum wage proposition approved by San Francisco voters in 2014 requires that on July 1, 2020, the minimum wage rate be adjusted based on the annual increase in the Consumer Price Index.

Paid Parental Leave: 8 Weeks

California expanded the Paid Family Leave program for Claim Effective Dates beginning on or after July 1, 2020. Under the expanded benefits, employees are entitled to 8 weeks of California Paid Family Leave for new child bonding. Employers are required to extend paid parental leave compensation from 6 weeks to 8 weeks as of July 1, 2020.

When a Covered Employee gets 8 weeks of Paid Family Leave benefits from the California Employment Development Department (EDD), that employee is also entitled to 8 weeks of San Francisco Paid Parental Leave Ordinance Supplemental Compensation from their employer.

Required San Francisco Posters

Employers covered by San Francisco labor laws must place up-to-date required posters at each workplace or job site in a location where employees can see the postings easily.

Current posters are available to print on the OLSE website.

Original article Robert E. Nuddleman

Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law. We cannot answer questions about specific situations or provide legal advice over the Internet. If you desire legal advice, you should contact an attorney.

Using this blog does not create an attorney-client relationship between you and Nuddleman Law Firm, P.C. Using the Internet or this blog to communicate with the firm does not establish an attorney-client relationship. Do not post confidential or time-sensitive information in this blog. The Nuddleman Law Firm, P.C. cannot guarantee the confidentiality of anything posted on this blog.

The Nuddleman Law Firm, P.C. represents employers and employees in a wide range of employment law matters. Much of our practice focuses on wage and hour issues, such as unpaid overtime, meal and rest break violations, designing or enforcing commission plans, and other wage-related claims. Mr. Nuddleman advises employers on how to avoid harassment and wrongful termination claims and represents employees who have been victims of unlawful discrimination, retaliation or harassment. The Nuddleman Law Firm, P.C. helps employers develop good employment policies, helps employers and employees with disability accommodation issues and ensures employees are correctly paid wages owed.

Labor Commissioner to Enforce Local Minimum Wage Laws

I have represented scores of employees and employers before the California Labor Commissioner. Recently, with more and more cities and counties passing local ordinances raising the minimum wage for employees working within specific cities, the Labor Commissioner has sometimes taken the position that it is authorized to enforce local minimum wage laws.  I’ve spent a great deal of time reviewing the minimum wage ordinances passed in Oakland, San Jose, San Francisco and Emeryville, and to my knowledge none of the ordinances grant the Labor Commissioner authority to enforce those laws.  More importantly, the California legislature did not give the Labor Commissioner the power to enforce local minimum wage laws.

Labor Commissioner to Enforce Local Minimum Wage Laws

AB 970, which becomes effective on January 1, 2016, will now allow the Labor Commissioner to enforce local minimum wage laws.  AB 970 amends several Labor Code sections, including Labor Code section 558 (c), which will now state:

In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation.

Labor Code section 1197 will now read:

The minimum wage for employees fixed by the commission or by any applicable state or local law, is the minimum wage to be paid to employees, and the payment of a lower wage than the minimum so fixed is unlawful. This section does not change the applicability of local minimum wage laws to any entity.

The law does not require the Labor Commissioner to enforce the minimum wage laws, but it gives them the authority to do so if it chooses.  Additionally, the law prohibits local agencies and the Labor Commission from issuing citations against the same employer for the same violations.  Employers don’t have to worry that a city will cite them and then the Labor Commissioner will cite them for the same violation.  Of course, the Labor Commissioner can cite the employer for other violations outside the local government’s authority.

From my experience, the local agencies are not yet prepared to enforce the local minimum wage laws.  With the recent rise of local minimum wage laws, it is unclear how easily an already burdened Labor Commissioner will be able to enforce local minimum wage laws.  These new laws will give employees a new way to enforce local minimum wage laws.

Original article by Robert E. Nuddleman of Nuddleman Law Firm, P.C.

Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law, but we cannot answer questions about specific situations or provide legal advice. If you desire legal advice, you should contact an attorney.

Your use of this blog does not create an attorney-client relationship between you and Nuddleman Law Firm, P.C. The use of the Internet or this blog for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be posted in this blog and Nuddleman Law Firm, P.C. cannot guarantee the confidentiality of anything posted to this blog.

The Nuddleman Law Firm, P.C. represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Pleasanton, Oakland, Berkeley, San Ramon, Concord, Hayward, Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.