California Employment Law : Employment Lawyer & Attorney : Fox Rothschild Law Firm : San Francisco, Oakland, Los Angeles, San Diego

One of my recurring themes is the challenges that California law imposes on employers. (I had a great idea for an image to put here, but it's incredibly difficult to find a tasteful photo of someone beating a dead horse.) We've summarized the various legal requirements in these guides.

But San Francisco employers have it worse. In addition to the rigorous and constantly shifting state law requirements, they also have to deal with onerous city requirements (including the second highest minimum wage in the country). There are also requirements for commuter benefits, per-employee spending on health care, a paid sick leave ordinance, and more.

My colleague Tyreen Torner prepared an excellent summary of these requirements that you can find here. If you have employees in San Francisco, I'm sure you'll find it useful. If not, don't throw it in the trash. Along with everything else, San Francisco has the toughest mandatory composting and recycling law in the U.S.

Updated April 2, 2012 to reflect that Santa Fe, NM has edged us out for highest minimum wage by a nickel.

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I've written before about San Francisco's high minimum wage.  Well, it's going up.  Effective January 1, 2012, the San Francisco minimum wage goes from $9.92 to $10.24 per hour.  According to the Office of Labor Standards Enforcement, which enforces the minimum wage ordinance, this figure applies to anyone who, in a particular week, performs two hours of work within the city limits.

I don't begrudge anyone their right to earn a decent living.  But if a business that relies on unskilled labor has a choice where to open, wouldn't it avoid a location where it has to pay entry-level employees 28% more than the state minimum wage?  For an earlier discussion of jobs leaving the state as a whole, read this.

Update -  Here's a December 1, 2011 Huffington Post article about SF's minimum wage and studies discussing the effects of such increases.

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As reported by the California Chamber of Commerce, San Francisco's Office of Labor Standards Enforcement is seeking expanded powers.  The OLSE enforces San Francisco's minimum wage ordinance.  

The minimum wage for employees in San Francisco is $9.92.  That's 24% higher than the state minimum hourly wage ($8) and 37% higher than the federal minimum ($7.25).  As best I can tell, that's the highest minimum wage of anywhere in the U.S.

The OLSE reports that it assessed over $1 million in back wages, interest, and penalties last year. But how many jobs have been lost because employers chose to locate in a more employer-friendly environment? 

Legislators need to understand that modern technologies give employers greater freedom than ever to decide where to base their workers.  Laws that make doing business more expensive or difficult drive employers away.

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