San Jose Minimum Wage Takes Effect March 11

San Jose voters approved a minimum wage of $10 per hour for most covered employees working within the city limits of San Jose. This new wage rate will go into effect on March 11, 2013 – 90 days after the official certification of the November election results.

The city is preparing for compliance with the new minimum wage rate and has issued a fact sheet and will update this Minimum Wage Ordinance webpage as information becomes available.

“We’re ramping up now to develop policies and procedures, mechanisms for reporting and public outreach to provide public and business education so that we all can be ready on March 11,” said Nina Grayson, director of the San Jose Office of Equality Assurance.

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

CalChamber members can get more detailed information from HRCalifornia’s HR Library page on federal, state and local minimum wages.

San Francisco Minimum Wage Increases in January

The minimum wage in San Francisco will increase to $10.55 per hour, effective January 1, 2013:

• This increase applies to all employers that have employees who perform work in San Francisco.
• Any person who performs at least two hours of work in a particular week for an employer within the city of San Francisco’s geographic boundaries is entitled to be paid the San Francisco minimum wage.
• This applies to all workers, regardless of whether they are legally authorized to work in the United States.

For more information, visit San Francisco’s Office of Labor Standards Enforcement.

Brinker Decision Delayed

Businesses will have to wait longer for a decision in the Brinker case.

As we reported last week, the California Supreme Court allowed the parties in Brinker to submit additional briefing on an issue that was raised during the November 8, 2011, oral argument. 

Now, the court extended its deadline for issuing a final decision in this protracted legal battle. Originally, the court had 90 days from the date of oral argument to issue its final decision, which meant that businesses could anticipate a decision no later than February 6, 2012.  

But on December 14, the court vacated its order that the case was submitted for a final decision and said that the case will be “resubmitted” on January 13, 2012. This will start the 90-day time period running again and a decision should be rendered no later than April 12, 2012.

Then again, there are clearly no guarantees …

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

San Francisco Minimum Wage Increases in January

The minimum wage in San Francisco will increase to $10.24 per hour, effective January 1, 2012: 

• This increase applies to all employers that have employees who perform work in San Francisco 
• Any person who performs at least two hours of work in a particular week for an employer within the city of San Francisco’s geographic boundaries is entitled to be paid the San Francisco minimum wage 
• This applies to all workers, regardless of whether they are legally authorized to work in the United States

For more information, visit San Francisco’s Office of Labor Standards Enforcement.

DLSE Sweep Yields More Than $400,000 in Fines

On September 16, 2010, a Division of Labor Standards Enforcement sweep covered 162 restaurants, and DLSE agents issued 88 citations against 79 of the restaurants investigated. Overall, the citations resulted in penalties of $448,950, according to a DLSE press release.

The DLSE, part of the California Department of Industrial Relations, regularly conducts statewide enforcement sweeps to search for employment-related abuses, such as not providing workers’ compensation coverage protection, not paying the proper minimum and overtime wages and not withholding the required payroll deductions.

Seventy-four businesses caught in the September sweep failed to provide workers' compensation coverage for their employees, and the $377,000 in citations issued to these businesses made up the majority of the financial penalties levied by the DLSE.

Visit HRCalifornia's Law Library to study up on complying with workers' compensation regulations.