Updated October 2016
The federal minimum wage is $7.25. However, in California, the minimum wage is $10 per hour. Unlike in many other states, the minimum wage rate in California is the same for employees who receive tips and those who do not. For any work over 12 hours in a day, the minimum wage is $20 an hour (or an employee making more than minimum wage is entitled to double his or her normal wage).
If an employee works more than 40 hours in a week, the first eight hours worked on the seventh day of work in a workweek shall be paid at time and a half (or a minimum of $15 per hour). Any time over eight hours on the 7th day shall be paid double, or a minimum of $20 per hour. However, many cities in California have their own minimum wage rates that are higher than the federal minimum wage or state minimum wage. In San Francisco, the minimum wage is $13, which is the highest in the country. It is indexed to inflation. San Jose recently raised its minimum wage to $10.30 an hour.
There are some exceptions to the minimum wage requirements. The minimum wage requirements do not apply to outside salespeople. They also don’t apply to employees who are in the immediate family of their employer. Also, student workers can be paid 85 percent of the minimum wage for the first 160 hours of work. There are exemptions for disabled employees and nonprofit employees, if the employer has a special certificate.
Unfortunately, many employers try to get around paying their employees minimum wage. Non-English speakers are particularly vulnerable to abuses by employers because the employers believe they do not know the law or how to enforce it and may not be able to get other jobs even if they do know the law.
At Liberty Law, Micha Star Liberty believes that all employers should be held legally responsible if they break the law by failing to pay a minimum wage. If you’re in the San Francisco area, including Oakland, Tracy, or Hayward and you believe your employer is failing to pay you the wages to which you’re entitled, call Micha Star Liberty, San Francisco employment attorney, at 415-896-1000.