On October 8, 2006, Harry Hu, an investigator with the Department of Labor (DOL), gave a talk on wage and hour laws in San Francisco, CA.
Most of the investigations conducted by the DOL result from complaints by former employees of organizations.
The DOL enforces the minimum wage laws. Under minimum wage laws, covered, nonexempt employees must be paid not less than minimum wage for all the hours worked. Currently, under federal law, the minimum wage is $5.15 per hour. In San Francisco, the minimum wage is over $8 per hour. A business is to follow the more stringent rule. Each week stands on its own, although an employer is not required to pay by the week.
The following contribute to minimum wage: wages (e.g. salary, hourly pay, commissions), reasonable cost of room (e.g. facilities), tips, transportation (e.g. bus passes).
The employer may not deduct for the following below the minimum wage or overtime pay: cash or merchandise shortages, employer required uniforms, tools of trade.
Overtime pay is calculated at time and a half of the employee’s regular rate. The regular rate includes expected benefits such as gifts and bonuses. Comp time cannot be used to meet overtime requirements. To control overtime payments, an employer may inform employees that the employees must obtain prior approval before working overtime.
When an employee works a certain amount of hours, the employee is to be given a lunch period, where the employee is not to do any work at all. Lunch needs to be free time for the employee. Even when the employer pays for the lunch, such as a staff meeting, the employee is allowed additional half hour free time if the employee is required to work during the eating period. Breaks and lunches are not allowed to be combined.
Employees are not allowed to waive their wage and hour law rights. For instance, they may not waive rights to overtime or lunch.
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