California Employment Law

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Following up on our discussion about overtime, I've put

Hi Patrick, following up on...
Hi Patrick, following up on our discussion about overtime, I've put together a basic outline of what i expect to pay a janitor working at two different wage rates:1) First four hours of the day in San Mateo at \$12/hr. (6 days per week, for total of 24 hours).Twice a month he'll travel to San Francisco after the San Mateo job, so two days out of the month he will:
2) take an unpaid lunch break, 30min-1 hour (flexible)
3) spend 1 hour traveling to San Francisco, and then work there for 3.5 hours at \$15/hr.My questions:
1) It seems to me that since travel needs to be paid at minimum wage at least, and he's traveling into SF, it may make sense to pay him the SF minimum wage for his travel?2) Regarding the half hour of overtime, i would calculate as follows:
(24 hours/wk x \$12) + (4.5 hours/wk x \$15) / 28.5 total hours.
This would result in a weighted pay rate of \$12.47/hr. So for the half hour of overtime, I'd pay him at the overtime rate of 1.5 x 12.47 = \$18.71/hr. Is this correct?3) When he has this overtime, I will still pay him his regular rates for the regular hours, which are 12 and 15/ hr, right? The weighted rate is only calculated for the purpose of making an overtime rate, right?4) since we are on a semimonthly payroll, not weekly, does that affect the calculating of things at all?
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3/19/2018
Category: California Employment Law
Satisfied Customers: 13,899
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Hi Caleb,

1) It seems to me that since travel needs to be paid at minimum wage at least, and he's traveling into SF, it may make sense to pay him the SF minimum wage for his travel?

First, the SF minimum wage does not increase to \$15/hr until July 1, 2018. As for paying the employee's "SF rate" for travel time, that would be wise, since part of that travel time will inevitably take place within the SF city limits, which means you would need to pay SF minimum wage for that time any way.

2) Regarding the half hour of overtime, i would calculate as follows:
(24 hours/wk x \$12) + (4.5 hours/wk x \$15) / 28.5 total hours.
This would result in a weighted pay rate of \$12.47/hr. So for the half hour of overtime, I'd pay him at the overtime rate of 1.5 x 12.47 = \$18.71/hr. Is this correct?

Yes, that is how the weighted average would be calculated, based on your hypothetical hours worked. However, what is now occurring to me is that this is a unique situation in which you are paying two different hourly rates because the city laws require different minimum wages. In that case, I would err on the site of caution and pay overtime at 1.5 times the SF rate and NOT use the weighted average method. I say this because you don't want the employee to allege that their overtime was "worked in San Francisco" and thus that overtime must be paid at 1.5 times the SF rate. The difference in what you pay here is nominal and it's worth paying 1.5 times the SF rate just to be safe that you are in compliance with the law.

3) When he has this overtime, I will still pay him his regular rates for the regular hours, which are 12 and 15/ hr, right? The weighted rate is only calculated for the purpose of making an overtime rate, right?

Correct that the weighted average would not impact the individual hourly rates. However, for the reasons noted above a weighted average for overtime probably isn't the safest way to go. The better option would be to pay overtime at 1.5 times the SF min wage for any pay period in which hours are worked in SF.

4) since we are on a semimonthly payroll, not weekly, does that affect the calculating of things at all?

Again, since the weighted average probably isn't the safest bet here, your question is moot. That said, if you were calculating the weighted average the weight average is computed based on the hours worked in each work week separately. This unfortunately means that a semi monthly pay period could extend into multiple work weeks and you would have to calculate the weighted average for each. I suppose this is another reason to just base overtime on the higher SF min wage--it's so much simpler.

I hope this helps. If I have answered your questions here please kindly take a moment to positively rate my service to you.

Category: California Employment Law
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Customer reply replied 1 month ago
Appreciate it, Patrick as always. :)
Patrick, Esq., Lawyer
Category: California Employment Law
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