I work in San Diego, the new minimum wage starts on January 1st. If I start working at 1130 pm on 12/31 do I get the new minimum wage for the other 7 and half hours that I will work on January 1st?

San Diego new minimum wage starts on January 1st 2017

1 answer  |  asked Dec 18, 2016 01:30 AM [EST]  |  applies to California

Answers (1)

Marilynn Mika Spencer
Based on the plain meaning of the words in the ordinance (an "ordinance" is a city, county, or district law), you should be paid the increased minimum wage for the 7.5 hours you will work on January 01, 2017 and for all hours worked as of 12:00 a.m. (midnight) on January 01, 2017.

As I indicated, my assessment is based on the plain language of the relevant part of the ordinance. It states:

§39.0107 Minimum Wage

(a) Employers must pay Employees no less than the Minimum Wage set forth in this section for each hour worked within the geographic boundaries of the City.

(b) The Minimum Wage is an hourly rate defined as follows:
(1) Starting July 11, 2016, the Minimum Wage is $10.50.
(2) Starting January 1, 2017, the Minimum Wage is $11.50.
. . . .

There is no "carve out" or exception for a workday that begins on December 31, 2016.

You can read the entire ordinance here: http://docs.sandiego.gov/municode/MuniCodeChapter03/Ch03Art09Division01.pdf. In addition to discussing the minimum wage, it also covers sick leave and enforcement.

posted by Marilynn Mika Spencer  |  Dec 18, 2016 4:00 PM [EST]

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