Wage and hour

Q: My employer does not pay me overtime, even though I work more than eight hours a day. Can my employer do that?

It depends on the nature of the work you do. There are some employees who are considered "exempt" from the overtime laws. They are referred to as "administrative," "executive," and "professional." Whether you fall under one of these exempt categories requires an examination of your job duties.

Q: I quit my job. How soon am I supposed to get my last paycheck?

If you did not give notice, then your employer must pay you within 72 hours. If you gave at least 72 hours notice, your employer must pay you at the time of quitting.

Q: I have missed some meal and rest breaks. Do I have a case?

It depends. An employer is not required to ensure that each of its employees take their meal and rest breaks. Instead, the employer is only required to make the breaks available. If your employer is preventing you from taking your breaks, you may have a case.

Q: Am I entitled to breaks at work for lactation purposes?

All employees have the right to take a reasonable amount of break time to express breast milk for an infant child. Depending on the number of breaks you need, at least some of them must be during a regular rest break if possible. The employer is required to make reasonable efforts to provide a private room other than a bathroom for such breaks.

Q: Can I ask my employer for hours that will help me meet my caregiving responsibilities to my child?

You have the right to request a flexible or predictable working arrangement if (1) you have worked in San Francisco for the same employer for at least six months and eight hours per week or more on a regular basis, and (2) your employer has at least 20 employees. The request may be about the number of hours you work, the times when you work, where you work, assignments, or a predictable schedule. Your employer must meet with you regarding the request and respond to it. The employer may deny the request, but must do so in writing based on bona fide business reasons.