• San Francisco Minimum Wage Increases to $12.25 per hour on May 1, 2015

    Those of you working or doing business in San Francisco may see an increase in employee wages tomorrow.  Effective May 1, 2015, employees who work 2 or more hours per week in San Francisco are entitled to receive at least $12.25 per hour.

    Employers are also required to post the new San Francisco Minimum Wage Poster, which warns:

    Under the Ordinance, employees who assert their rights to receive the City’s minimum wage are protected from retaliation. Employees may file a civil lawsuit against their employers for any violation of the Ordinance. The City can investigate possible violations, shall have access to payroll records, and can enforce the minimum wage requirements by ordering reinstatement of employees, payment of back wages unlawfully withheld, and penalties

    San Francisco employers are also required to post:

    Other locales may have their own county- or city-specific posters, all of which are in addition to any state and/or federally mandated posters.

    You can download the posters individually, or contact an organization such as the California Chamber of Commerce to get all the posters from one place.

    The Law Office of Phillip J. Griego
    95 South Market Street, Suite 520
    San Jose, CA 95113
    Tel. 408-293-6341
     
    Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego.
     

    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 the Law Office of Phillip J. Griego. 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 the Law Office of Phillip J. Griego cannot guarantee the confidentiality of anything posted to this blog.

    Phillip J. Griego represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including 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.

  • Do You Have to Pay Exempt Employees if the Office is Closed for a Week?

    Jennifer asks:

    My employer just announced today that they will be closing the office the week of Thanksgiving, November 24-28. The 27th and 28th were already scheduled as holidays. I am a salaried exempt employee and thus, always get paid for the day after Thanksgiving while hourly employees in the office do not receive pay for this day. With today’s announcement, I was informed that exempt employees would not be paid for Nov. 24-26 and would have to use our PTO. Does the company have the right to do this or am I to get these days off with pay?

    The quick answer is: No.  As discussed in prior articles, employers do not have to pay exempt employees any part of their salaries if the employees do not perform any work during a full workweek.  In order to avoid having to pay a full week’s salary for weeks when the employees only work a partial workweek, some employers simply close down for a full week. Employees can, of course, use any accrued PTO or vacation, but the employer is not required to pay the employee’s salary because the employee does not perform any work during the workweek.

    The Law Office of Phillip J. Griego
    95 South Market Street, Suite 520
    San Jose, CA 95113
    Tel. 408-293-6341
     
    Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego.
     

    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 the Law Office of Phillip J. Griego. 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 the Law Office of Phillip J. Griego cannot guarantee the confidentiality of anything posted to this blog.

    Phillip J. Griego represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including 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.

  • New I-9 Form Issues

    You may recall that the federal government previously indicated that certain forms of identification were no longer sufficient to establish a person’s eligibility to work in the United States. The United States Citizenship and Immigration Services (USCIS) officially announced that a new Form I-9 is now available. Several of the “List A” documents are no longer listed as acceptable proof of identity and eligibility. Employers should no longer use the following documents:

    • Certificate of U.S. Citizenship (Form N-560 or Form N-570)
    • Certificate of Naturalization (Form N-550 or N-570)
    • The Alien Registration Receipt Card (Form I0151)
    • The Reentry Permit (Form I-327); and
    • The Refugee Travel Document (Form I-571)

    The new Form I-9 can be obtained at http://www.uscis.gov/I-9

    A revised Handbook for Employers (M-274) with instructions for completing the Form I-9 can be downloaded at http://www.uscis.gov/files/nativedocuments/m-w74.pdf

    The Law Office of Phillip J. Griego
    95 South Market Street, Suite 520
    San Jose, CA 95113
    Tel. 408-293-6341
     
    Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego.
     

    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 the Law Office of Phillip J. Griego. 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 the Law Office of Phillip J. Griego cannot guarantee the confidentiality of anything posted to this blog.

    Phillip J. Griego represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including 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.