An Administrator's Guide to California Private School Law

Chapter 6 – Wage And Hour Laws

The growing list of cities and counties with local minimum wages requirements includes, but is not limited to: the cities of, Berkeley, Cupertino, El Cerrito, Emeryville, Long Beach, Los Altos, Los Angeles, Malibu, Mountain View, Oakland, Palo Alto, Pasadena, Richmond, San Diego, San Francisco, San Jose, San Leandro, San Mateo, Santa Clara, Santa Monica, and Sunnyvale and the counties of Los Angeles and San Francisco. For example, effective July 1, 2018, the minimum wage for City of Los Angeles employers with 26 or more employees (“large employers”) is $13.25 per hour and $12.00 for employers with 25 or fewer employees (“small employers”). On July 1, 2019, the City of Los Angeles’ minimum wage will increase to $14.25 for large employers and $13.25 for small employers. The City of Los Angeles’ minimum will continue to increase in progressive steps on July 1st of each year until the minimum wage reaches $15.00 in 2020 for large employers and $15.00 in 2021 for small employers. 570 As another example, the minimum wage for employers in the City and County of San Francisco is $14.00 per hour and increased to $15.00 effective July 1, 2018. 571 Beginning on July 1, 2019, the minimum wage for the City and County of San Francisco will increase every year by an amount corresponding to the prior year’s increase in the Consumer Price Index. 572 Some local minimum wage ordinances have special deferral rate schedules for non-profit organizations, including non-profit private schools. For example, in the City of Los Angeles, certain 501(c)(3) non-profit employers with 26 or more employees may apply for and qualify for a deferred minimum wage rate schedule if the school provides satisfactory evidence of one of the following: (1) the chief executive officer earns a salary which, when calculated on an hourly basis, is less than five times the lowest wage paid by the school; (2) the school is a Transitional Employer as defined in Section 10.31.1(h) of the Los Angeles Administrative Code; (3) the school serves as a child care provider; or (4) the school is funded primarily by City of Los Angeles, County of Los Angeles, State or Federal grants or reimbursements. 573 The cities of Pasadena and Santa Monica are two other examples of cities that have deferral rate schedules for non-profit schools. 574 LCW Practice Advisor Schools need to periodically check the laws and local ordinances of the cities and counties where they are located to determine if they are required to pay a higher local minimum wage and when the local minimum wage increases, if any, go into effect.

H OURS W ORKED

Section 5

A. I NTRODUCTION T O T HE H OURS W ORKED C ONCEPT This section on hours worked only applies to non-exempt employees. Under the basic definition in all of the IWC Wage Orders, “hours worked” means the time during which an employee is subject to the school’s control. It also includes the time the employee is suffered or permitted to

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 166