As an employee in the Bay Area, you work hard. Employers expect top-tier employee performance in order to compete. Sometimes this can mean long hours. For some managers and other highly compensated employees, this is just part of the job description, but in many cases employers must pay employees overtime in San Francisco for these extra hours.
While not all workers are entitled to overtime pay under every circumstance, almost any employee must be paid overtime rates any time their hours in a single day exceed 8 hours or their overall hours in a single week exceed 40. In addition, employers in San Francisco automatically owe employees overtime on the seventh consecutive day worked and beyond regardless of the total hours worked in that week.
There are, however, some exemptions under federal and California overtime law. If you fall under one of the following categories, you may not be entitled to overtime in San Francisco.
- You earn over double the minimum wage and are in a position of oversight.Managers, supervisors, and other employees in positions of authority who primarily complete duties that are executive, administrative, or professional in nature are considered exempt from overtime as long as they make at least twice the minimum wage annually.
- You are considered “highly compensated.”If you make at least $100,000 per year and regularly perform at least one executive, administrative, or professional duty, you are overtime exempt.
- You work in a specific overtime-exempt position. Some (very limited) professions are not eligible for overtime, including teachers, outside salespeople, and taxi drivers. These positions are typically carefully regulated.
These exemptions can be confusing, but in general, employers should err on the side of caution when it comes to overtime. San Francisco authorities tend to interpret overtime laws on the side of employees, so many employees do deserve overtime pay.
How Much Is the Overtime Rate in San Francisco?
If you are not an exempted employee, your San Francisco employer must pay you overtime rates when you exceed traditional hours. The formula for how much overtime compensation you should receive is simple. Any time you work more than 8 hours in a single workday, over 40 hours in a seven-day period, or on seven consecutive days without a day off, your employer must pay you time and a half (1.5 times your typical hourly rate). Any time this overtime exceeds 12 hours on a single day (or 8 hours on your seventh consecutive day of work), employers must pay you double your typical rate.
Unfortunately, some employers do not respect overtime laws. This violates the rights of employees and is considered a type of theft. If you feel that you are not being properly compensated for overtime in San Francisco, you have options. An employment lawyer will be able to assess your case to discover whether or not you have been a victim of wage theft. Come talk to the San Francisco employment lawyers at Wakeford Law today to assert your rights.