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Minimum Wage: California

Minimum Wage requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Jennifer K. Achtert, formerly of Fisher Phillips

Updating Author: XpertHR Editorial Team

Summary

  • Almost all employees in California must be paid the state or local minimum wage for all hours worked. See Minimum Wage.
  • There are some exemptions to the minimum wage, but those exemptions are not the same as under federal law. See Exemptions.
  • Employers must be particularly careful to avoid taking credits and deductions that are permitted under federal law, but not under California law. See Tip Credit; Deductions Below the Minimum Wage.
  • Localities including Los Angeles, San Diego and San Jose have requirements pertaining to the minimum wage. See Local Requirements.

Minimum Wage

The minimum wage in California varies depending on the size of the employer. It will increase each year according to the following schedule:

Date 26 or more employees 25 or fewer employees
Current $12.00 $11.00
January 1, 2020 $13.00 $12.00
January 1, 2021 $14.00 $13.00
January 1, 2022 $15.00 $14.00
January 1, 2023 $15.00
January 1, 2024 (and every January 1 thereafter) Adjusted for inflation

Starting on January 1, 2024, and continuing every January 1 thereafter, the minimum wage will be adjusted for inflation -- increased by either 3.5 percent or by the rate of change in the US Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) during the 12-month period preceding the previous June 30, whichever is less. The result will be rounded to the nearest 10 cents. If the CPI-W actually decreases, the minimum wage will not decrease.

An "off-ramp provision" allows the governor to choose to pause any scheduled increase (other than the initial $10.50 increase) for one year if certain economic or budgetary conditions are met.

The criteria set out in +Cal Rev & Tax Code § 23626(h) are used to determine who will be considered employees when determining which minimum wage rate applies.

Many California municipalities also have local requirements pertaining to minimum wage. See Local Requirements.

While most employers in California are also subject to the federal minimum wage laws, employers must follow the stricter rule in any particular instance - that is, the one that is more favorable to the employee.

+Cal Lab Code § 1182.12.

Employer Size

Under California's minimum wage law, an employer is any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours or working conditions of any person. +Cal Lab Code § 1182.12.

According to guidance from the California Department of Industrial Relations, any individual performing any kind of compensable work for the employer who is not a bona fide independent contractor would be considered and counted as an employee, including salaried executives, part-time workers, minors and new hires.

The minimum wage law does not specify how employers should count employees in order to determine which wage rate applies. The guidance states:

The question of how many employees work for an employer will affect those businesses with a workforce that hovers around 25 or that fluctuates above or below the threshold during the course of the year, including employers that use seasonal or intermittent workers. In these situations, a court or the Labor Commissioner likely would focus on the facts during a pay period in which an alleged underpayment occurred. Because this law places no limitation on who gets counted, they would look at whether every employee of that employer was counted (including those exempt from overtime as an executive, administrative, or professional), regardless of the number of hours worked or geographical location.

Averaging of Wages Not Allowed

Unlike the federal Fair Labor Standards Act, California's minimum wage law requires that an employee be paid at least the minimum wage for each hour worked, rather than a total of compensation that when divided by the number of hours worked during a workweek equals the minimum wage. Armenta v. Osmose, Inc., +135 Cal. App. 4th 314, 323 (Cal. App. 2d Dist. 2005). In other words, an employer may not pay an employee one rate higher than the minimum wage for certain activities and another rate lower than the minimum wage (or nothing) for other activities, and then make up the difference if the average wage for all hours worked is less than the minimum wage. Gonzalez v. Downtown La Motors, +2013 Cal. App. Unpub. LEXIS 1728 (Cal. App. 2d Dist. Mar. 6, 2013).

Exemptions

There are a few exemptions to the minimum wage requirement:

Subminimum Wages

  • Learners, regardless of age, may be paid 85 percent of the minimum wage rounded to the nearest nickel for the first 160 hours of their employment in occupations in which they have no previous similar or related experience. Employers need to be aware that this rate does not apply to every new employee - but only to new employees with no previous experience in the occupation. +Cal Lab Code § 1192; 8 CCR 11010 to 11160.
  • Apprentices regularly indentured under the State Division of Apprenticeship Standards may be paid less than minimum wage if they have a special license authorizing (and specifying) a lower wage. +Cal Lab Code § 1192.
  • Nonprofit organizations that employ disabled workers may be issued a special license to pay less than the minimum wage to those disabled workers. +Cal Lab Code § 1191.5.
  • Employees of organized camps may be paid a weekly salary of at least 85 percent of the minimum wage for a 40-hour week, regardless of how many hours they work. +Cal Lab Code § 1182.4.
  • Sheepherders are covered by a different minimum wage; their minimum monthly wage is $1,422.52. +8 CCR 11140.
  • Individuals who are mentally or physically disabled, or both, may obtain a special license authorizing employment at less than the minimum wage. These licenses are issued jointly to an individual and an employer, and are valid for a period of no more than one year, but can be renewed. +Cal Lab Code § 1191.

Tip Credit

Although federal law permits tip credits, California law does not.

No employer or agent may collect, take or receive any gratuity or a part thereof that is paid, given to or left for an employee by a patron, or deduct any amount from wages due an employee on account of a gratuity, or require an employee to credit the amount, or any part thereof, of a gratuity against and as a part of the wages due the employee from the employer. +Cal Lab Code § 351.

Therefore, all tipped employees - including waitstaff, bartenders and bellhops, for example - must be paid at least the state minimum wage directly by the employer without any reduction for amounts earned in tips.

Definitions

California uses the following definitions for purposes of its tip credit law:

  • A gratuity includes any tip, gratuity, money or part thereof that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due the business for services rendered or for goods, food, drink or articles sold or served to the patron. Also, any amounts paid directly by a patron to a dancer employed by an employer subject to the Industrial Welfare Commission's Wage Order No. 5 (covering the public housekeeping industry) or Wage Order 10 (covering the amusement and recreation industry) are considered a gratuity.
  • An employer is any person engaged in any business or enterprise in California that has one or more persons in service under any appointment, contract of hire or apprenticeship, express or implied, oral or written, irrespective of whether the person is the owner of the business or is operating on a concessionaire or other basis.
  • An employee is any person, including aliens and minors, rendering actual service in any business for an employer, whether gratuitously or for wages or pay, whether the wages or pay are measured by the standard of time, piece, task, commission or other method of calculation, and whether the service is rendered on a commission, concessionaire or other basis.
  • An agent is any person other than the employer having the authority to hire or discharge any employee or supervise, direct or control the acts of employees.

+Cal Lab Code § 350.

Employee Property

Every gratuity is the sole property of the employee(s) to whom it was paid, given or left for. +Cal Lab Code § 350.

Tip Pools

California's minimum wage law does not address tip pools, but both the courts and the Division of Labor Standards Enforcement have interpreted the law as allowing voluntary and mandatory tip pools with certain limitations, including:

  • Restaurant owners, managers and supervisors may not participate in tip pools.
  • Gratuities must belong to the employees who contributed to the service of a patron.
  • Mandatory tip pools may include employees who do not provide direct service but participate in the chain of service, such as:
    • Wait staff, bussers, bartenders, hostesses, wine stewards and "front room" chefs in the restaurant industry;
    • Employees who vacuum, wash, polish and/or dry a car in the car wash industry, but not the cashier who collects payment;
    • Towel or locker attendants, hair washers, stylists, manicurists and masseuses in the salon or spa industry;
    • Parking attendants and valet or shuttle drivers in the car parking industry; and
    • Porters, dealers and runners in the gaming industry.
  • A tip pool that equitably distributes tips does not constitute taking the property of an employee. To be "fair and reasonable," there must be a "reasonable relationship between the degree to which the employee or category of employee provides [service] and the distribution of pooled tips."
    • For example, a tip pool that distributes 80% of gratuities to wait staff, 15% to bussers and 5% to a bartender ensures a fair distribution.
    • Conversely, an arrangement that distributes 90% of the pooled tips to hostesses, when the hostesses do nothing more than initially direct the customers to the table, would be unlawful.
    • Such percentages "are not carved in stone."

See Leighton v. Old Heidelberg, Ltd., +219 Cal. App. 3d 1062 (Cal. App. 2d Dist. 1990); Etheridge v. Reins Internat. California, Inc., +172 Cal. App. 4th 908 (Cal. App. 2d Dist. 2009); +1998 Cal. DLSE LEXIS 12 (Cal. Div. of Labor Standards Enforcement Dec. 28, 1998); In re Tip Pool Policy, +2005 Cal. DLSE LEXIS 1 (Cal. Div. of Labor Standards Enforcement Sept. 8, 2005).

Credit Cards

Unlike federal enforcement policy, which allows employers to reduce credit card tips paid to an employee by the percentage charged by the credit card company, California law requires employers that allow patrons to pay gratuities by credit card to pay employees the full amount of the gratuity that the patron indicated on the credit card slip, without any deductions for any credit card payment processing fees or costs that may be charged to the employer by the credit card company. Payment of gratuities made by patrons using credit cards must be made to the employees not later than the next regular payday following the date the patron authorized the credit card payment. +Cal Lab Code § 351.

Recordkeeping

California employers that receive gratuities must keep certain records.

Deductions Below the Minimum Wage

Employers may make deductions from wages for only certain, limited purposes:

  • If employers are required or empowered to do so by state or federal law (including for state, federal, and local income taxes, or for court-ordered wage garnishments) (+Cal Lab Code § 221; +Cal Lab Code § 224);
  • If a deduction is specifically authorized in writing by the employee to cover insurance premiums, benefit plan contributions or other deductions (such as repaying a loan from the employer), as long as it is not a "rebate" on the employee's wages (+Cal Lab Code § 221; +Cal Lab Code § 224);
  • If permitted under a collective bargaining agreement or wage agreement (+Cal Lab Code § 221; +Cal Lab Code § 224); and
  • Meals or lodging provided by an employer may be credited against minimum wage if there is a voluntary written agreement between the employer and the employee. The amount that can be deducted is subject to strict limits (+Cal. Lab Code § 221; +Cal Lab Code § 224; +8 CCR 11000).

Note that California law does not permit employers to make any deduction for cash shortages, breakage, or loss of equipment, unless the employer can show that the shortage, breakage or loss is caused by a "dishonest or willful act, or by the gross negligence of the employee." 8 CCR 11010 to 11160. This is a very difficult standard to meet. Nor does California law permit employers to deduct a "balloon" payment from an employee's final wages to repay an employee's debt to an employer. Barnhill v. Robert Saunders & Co., +125 Cal. App. 3d 1 (Cal. App. 1st Dist. 1981).

Split Shifts

When an employee's work schedule is interrupted by non-paid, non-working periods established by the employer, other than bona fide rest or meal periods (see Hours Worked: California > Break Periods), he or she must be paid one hour's pay at the minimum wage in addition to the minimum wage for that workday. See, e.g., +8 CCR 11010(4)(C). It is the enforcement policy of the California Division of Labor Standards Enforcement (DLSE) that any interruption exceeding a one-hour period will give rise to a "split shift" situation. +2002 Cal. DLSE LEXIS 46.

Because the split shift premium is based on the minimum wage and not the employee's regular wage, it typically will apply only to employees who are paid the minimum wage or slightly above the minimum wage.

Practical Example

The formula for calculating the split-shift premium an employee is owed can be expressed as (MW x (THW + 1)) - (EW x THW), where MW is the Minimum Wage, THW is the Total Hours Worked and EW is the Employee's Wage. If the formula results in a negative number, then the employee is not entitled to a split-shift premium.

To see how this formula works, consider three employees, all of whom work for a total of eight hours over two split shifts, from 9:00 a.m. to 1:00 p.m., and then from 2:00 p.m. to 6:00 p.m.:

  • The first employee is paid $10.00 an hour. Her split-shift premium is $10.00 ($10.00 x (8+1)) - ($10.00 x 8). So she is owed $80.00 for eight hours of work plus a split-shift premium of $10.00, for a total of $90.00.
  • The second employee is paid $10.50 an hour. Her split-shift premium is $6.00 ($10.00 x (8+1)) - ($10.50 x 8). So she is owed $84.00 for eight hours of work plus a split-shift premium of $6.00, for a total of $90.00.
  • The third employee is paid $11.50 an hour. She is not owed a split-shift premium because the formula results in a negative number, -$2.00 ($10.00 x (8+1)) - ($11.50 x 8). So she is owed $92.00 for eight hours of work, with no split-shift premium.

Overnight Shifts

The fact that a single continuous shift happens to begin during one workday and end in another does not result in a split shift. Employees working uninterrupted overnight shifts on consecutive days do not work a split shift and are not entitled to split-shift pay. Securitas Security Services USA, Inc. v. Superior Court, +197 Cal. App. 4th 115 (Cal. App. 2d Dist. 2011), petition for review denied, +2011 Cal. LEXIS 10827 (Cal. Oct. 19, 2011).

Communications in Postings Required by California Law

California requires a poster relating to the minimum wage and other requirements.

In addition, employers in a variety of industries are required to post relevant wage orders.

Local Requirements

Alameda Minimum Wage

An employer in Alameda must pay employees a minimum wage of $13.50 for each hour worked within the city.

The minimum wage will increase to $15.00 on July 1, 2020. Beginning on July 1, 2022, and every July 1 thereafter, the minimum wage will be adjusted for inflation. It will increase by the lesser of 5% or the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose metropolitan area from February to February.

+Alameda, California Code of Ordinances Sec. 4-60.40.

Alameda Employer

An employer in Alameda is either:

  • Any person receiving or holding an Alameda business license; or
  • Any person - including corporate officers or executives, as defined in +Cal Lab Code § 18 - who directly or indirectly through any other person, including through the services of a temporary employment agency, staffing agency, subcontractor or similar entity, employs or exercises control over the wages, hours or working conditions of any employee.

Alameda Employee

An employee in Alameda is any person who:

  • In a calendar week performs at least two hours of work within the geographic boundaries of Alameda for an employer; and either:
    • Is not exempt from the state minimum wage requirements or;
    • Participates in a Welfare-to-Work Program - meaning the Alameda County CalWORKS Program, the General Assistance Program and any successor programs that are substantially similar to them.

Communications in Postings Required by Alameda Law

Alameda requires a poster relating to the minimum wage.

Belmont Minimum Wage

An employer in Belmont must pay employees a minimum wage of $13.50 for each hour worked within the city.

The minimum wage will increase to:

  • $15.00 on January 1, 2020; and
  • $15.90 on January 1, 2021.

Beginning on January 1, 2022, and every January 1 thereafter, the minimum wage will be adjusted by the rate of inflation, as measured by the lesser of 3.5 percent or the increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose metropolitan area during the 12 months preceding the prior August, rounded to the nearest five cents.

Belmont, California Code of Ordinances Sec. 32-2, as enacted by Ordinance 2017-1123.

Belmont Employer

An employer in Belmont is any person who directly or indirectly, including through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of any employee.

Belmont Employee

An employee in Belmont is any person who:

Employees who qualify as learners under state law may be paid 85 percent of the Belmont minimum wage for the first 160 hours of employment. After 160 hours, learners must be paid the full minimum wage.

Collective Bargaining Waiver

Belmont's minimum wage requirements may be waived in a bona fide collective bargaining agreement, as long as:

  • The agreement contains provisions that specifically waive municipal minimum wage rates in excess of the contractually required wage rates for any group or groups of covered employees; and
  • The entire agreement was negotiated and entered into before the date or when such waiver would take effect.

Communications in Postings Required by Belmont Law

Belmont requires a poster relating to the minimum wage.

Berkeley Minimum Wage

An employer in Berkeley must pay employees a minimum wage of $15.59 for each hour worked within the city.

Every July 1, the minimum wage will be adjusted for inflation. It will be increased by an amount corresponding to the prior calendar year's increase, if any, in the Consumer Price Index for urban wage earners and clerical workers for the San Francisco-Oakland-San Jose metropolitan statistical area. The next inflation adjustment is scheduled for July 1, 2020.

Berkeley, California Municipal Code Chapter 13.99, as amended by Ordinance 7505.

Berkeley Employer

An employer in Berkeley is either:

  • Any person - including corporate officers or executives, as defined in +Cal Lab Code § 18 - who directly or indirectly through any other person, including through the services of a temporary employment agency, staffing agency, subcontractor or similar entity, employs or exercises control over the wages, hours or working conditions of any employee; or
  • Any person receiving or holding a business license through Title 9 of the Berkeley Municipal Code.

Berkeley Employee

An employee in Berkeley is any person who:

Collective Bargaining Waiver

Berkeley's minimum wage requirements may be waived in a bona fide collective bargaining agreement, as long as the waiver is explicitly set forth in clear and unambiguous terms.

Communications in Postings Required by Berkeley Law

Berkeley requires a poster relating to the minimum wage.

Cupertino Minimum Wage

Employers that maintain a business facility in the city of Cupertino or are subject to the city's business license requirements and that employ or exercise control over the wages, hours or working conditions of any person who performs at least two hours of work in a given calendar week within the city of Cupertino must pay to employees who are not exempt from the state minimum wage requirements a minimum wage of $15.00 for each hour worked within the city.

Beginning on January 1, 2020, and every January 1 thereafter, the minimum wage will be adjusted by the rate of inflation, as measured by the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose metropolitan area during the 12 months preceding the prior August, rounded to the nearest five cents and not exceeding 5 percent.

Commissions or guaranteed gratuities, but not discretionary tips, may be counted toward the minimum wage. Employers also may claim an offset for meals and housing in accordance with state rules.

Cupertino, California Code of Ordinances Sec. 3.37.040, as enacted by City of Cupertino Ordinance 16-2151.

Communications in Postings Required by Cupertino Law

Cupertino requires a poster relating to the minimum wage.

Daly City Minimum Wage

Effective February 13, 2019, an employer in Daly City must pay employees a minimum wage of $12.00 for each hour worked within the city.

The minimum wage will increase to:

  • $13.75 on January 1, 2020; and
  • $15.00 on January 1, 2021.

Beginning on January 1, 2022, and every January 1 thereafter, the minimum wage will be adjusted by the rate of inflation, as measured by the lesser of 3.5 percent or the increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose metropolitan area during the 12 months preceding the prior August. A decrease in the CPI will not result in a decrease in the minimum wage.

Daly City, California Code of Ordinances Sec. 8.76.020, as enacted by Ordinance 1425.

Daly City Employer

An employer in Daly City is any person (including a natural person, corporation, non-profit corporation, general partnership limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality or any other legal or commercial entity, whether domestic or foreign) who directly or indirectly, including through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of any employee.

Daly City Employee

An employee in Daly City is any person who:

Communications in Postings Required by Daly City Law

Daly City requires a poster relating to the minimum wage.

El Cerrito Minimum Wage

An employer that conducts business in El Cerrito or maintains a business facility in El Cerrito must pay a minimum wage of $15.00 to an employee who performs at least two hours of work within the El Cerrito city limits and who is not exempt from the state minimum wage requirements (whether the employee is employed directly or indirectly through the services of a temporary services, staffing agency or similar entity).

Staring on January 1, 2020, and on January 1 of every year thereafter, the El Cerrito minimum wage will be adjusted for inflation by an amount equal to the increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San Jose metropolitan statistical area during the 12 months preceding the previous August.

Tips or gratuities may not be counted as a credit toward the minimum wage, but commissions paid on a basis consistent with state and federal law may be counted.

When state law requires that employees - such as learners and apprentices - be paid at a rate using a formula based on the state minimum wage, the same formula must be applied using the local minimum wage. As a result, employees who qualify as learners under state law may be paid 85 percent of the El Cerrito minimum wage for their first 160 hours of employment.

+El Cerrito, California Code of Ordinances Sec. 6.95.030, +El Cerrito, California Code of Ordinances Sec. 6.95.040.

Communications in Postings Required by El Cerrito Law

El Cerrito requires a poster relating to the minimum wage.

Emeryville Minimum Wage

An employer in Emeryville must pay employees a minimum wage of $16.30 per hour for each hour worked within the city.

Every July 1, the minimum wage is adjusted by the rate of inflation, as measured by the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose metropolitan statistical area during the previous calendar year. The next adjustment is scheduled for July 1, 2020.

Emeryville, California Code of Ordinances Chapter 37, Title 5.

NOTE: On May 29, 2019, the Emeryville City Council adopted an amendment to its minimum wage ordinance that established a lower minimum wage of $15.00 per hour for Small Independent Restaurants, effective July 1, 2019. The amendment provided that the minimum wage for Small Independent Restaurants would gradually increase until 2027, when the minimum wage for all businesses would be the same. However, on July 23, 2019, the City Council officially repealed the amendment. Therefore, all businesses (including Small Independent Restaurants) are required to pay the minimum wage rate of $16.30 per hour.

Emeryville Employer

An employer in Emeryville is any person - including a natural person, corporation, nonprofit corporation, general partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign - who directly or indirectly through any other person, including through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of any employee.

Emeryville Employee

An employee in Emeryville is any person who:

Employees who qualify as learners under state law may be paid 85 percent of the Emeryville minimum wage for the first 160 hours of employment. After 160 hours, learners must be paid the full minimum wage.

Tip Credit

Consistent with state law, an Emeryville employer may not claim a credit for employee tips. Furthermore, the value of any employer-provided benefits, including health care benefits, may not be deducted or credited against the wages due an employee.

Collective Bargaining Waiver

Emeryville's minimum wage requirements may be waived in a bona fide collective bargaining agreement, as long as the waiver is set in clear and unambiguous terms.

Communications in Postings Required by Emeryville Law

Emeryville requires a poster relating to the minimum wage.

Fremont Minimum Wage

An employer in Fremont must pay a minimum wage to covered employees for each hour worked within city limits. The minimum wage rate will differ depending on the size of the employer until July 1, 2022, when all employers, large or small, will be subject to the same minimum wage.

Currently, large employers in Fremont with 26 or more employees must pay employees a minimum wage of $13.50 for each hour worked within the city, which will increase to $15.00 on July 1, 2020. Beginning on July 1, 2021, and every July 1 thereafter, the minimum wage rate will increase by an amount corresponding to the increase in the cost of living, not to exceed 5 percent.

Effective July 1, 2020, small employers in Fremont with 25 or fewer employees must pay employees a minimum wage of $13.50 for each hour worked within the city. The small employer minimum wage will increase to 15.00 on July 1, 2021. Effective July 1, 2022, and thereafter the minimum wage for small employers will increase to the same rate as for large employers.

The increase in the minimum wage rate will be based on the increase, if any, reflected in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose metropolitan area during the 12 months preceding the prior February, rounded to the nearest five cents. If there is no increase in the cost of living, the minimum wage rate will remain unchanged for that year.

Fremont, California Code of Ordinances Sec. 5-30, as enacted by Ordinance 02-2019.

Fremont Employer

An employer in Fremont is any person holding a Fremont business tax certificate, or any person (including corporate officers or executives) who directly or indirectly, including through the services of a temporary employment agency, staffing agency, subcontractor or similar entity, employs or exercises control over the wages, hours or working conditions of any employee.

Fremont Employee

An employee in Fremont is any person who:

  • Performs at least two hours of work in a calendar week within the geographic boundaries of Fremont for an employer; and
  • Is an employee under the state minimum wage requirements or is a participant in a Welfare-to-Work Program.

The following employees are exempt from the minimum wage requirements:

  • Employees of nonprofit corporations; and
  • Employees who are on-call or standing by according to FLSA criteria only during the time when the employee is actually standing by or on-call.

Collective Bargaining Waiver

The minimum wage law requirements may be waived in a bona fide collective bargaining agreement, provided the waiver is explicitly set forth in the agreement in clear and unambiguous terms.

Communications in Postings Required by Fremont Law

Fremont requires a poster relating to the minimum wage.

Los Altos Minimum Wage

Employers that maintain a business facility in the city of Los Altos or are subject to the city's business license requirements and that employ or exercise control over the wages, hours or working conditions of any person who performs at least two hours of work in a given calendar week within the city of Los Altos must pay to employees who are not exempt from the state minimum wage requirements a minimum wage of $15.00 for each hour worked within the city.

Beginning on January 1, 2020, and every January 1 thereafter, the minimum wage will be adjusted by the rate of inflation, as measured by the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose metropolitan area during the 12 months preceding the prior August, rounded to the nearest five cents and not exceeding 5 percent.

Commissions or guaranteed gratuities, but not discretionary tips, may be counted toward the minimum wage. Employers also may claim an offset for meals and housing in accordance with state rules.

The minimum wage requirements may be waived in a bona fide collective bargaining agreement, as long as the waiver is explicitly set forth in clear and unambiguous terms.

+Los Altos, California Code of Ordinances Sec. 3.50.040.

Communications in Postings Required by Los Altos Law

Los Altos requires a poster relating to the minimum wage.

Los Angeles Minimum Wage

Employers that employ or exercise control over the wages, hours or working conditions of any person who performs at least two hours of work in a given calendar week in Los Angeles must pay a minimum wage for each hour worked within city limits according to the following schedule:

Date 26 or more employees 25 or fewer employees
Current $14.25 $13.25
July 1, 2020 $15.00 $14.25
July 1, 2021 $15.00 $15.00
July 1, 2022 (and every July 1 thereafter) Adjusted for inflation

Beginning on July 1, 2022, and every July 1 thereafter, the minimum wage for small and large businesses alike will be adjusted by the rate of inflation, as measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers in the Los Angeles-Riverside-Orange County metropolitan statistical area.

Employees who are 14 to 17 years of age may be paid 85 percent of the Los Angeles minimum wage, rounded to the nearest nickel, during their first 160 hours of employment.

Los Angeles, California Municipal Code Sec. 187.02.

Los Angeles Hotel Minimum Wage

Hotels in Los Angeles with 150 or more rooms and hotels that are located in the Airport Hospitality Enhancement Zone (AHEZ) must pay employees a minimum cash wage of $16.63 per hour. Every July 1, the minimum wage rate is adjusted for inflation. The next annual inflation adjustment will take place on July 1, 2020. Los Angeles, California Municipal Code Chapter XVIII, Article 6, as enacted by Los Angeles City Council Final Ordinance 183241.

Communications in Postings Required by Los Angeles Law

Los Angeles requires a poster relating to the minimum wage.

Los Angeles County Minimum Wage

Employers that employ or exercise control over the wages, hours or working conditions of any person who performs at least two hours of work in a given calendar week within the unincorporated areas of Los Angeles County must pay to employees who are not exempt from the state minimum wage requirements a minimum wage for each hour worked within the unincorporated areas according to the following schedule:

Date 26 or more employees 25 or fewer employees
Current $14.25 $13.25
July 1, 2020 $15.00 $14.25
July 1, 2021 $15.00 $15.00
July 1, 2022 (and every July 1 thereafter) Adjusted for inflation

Beginning on July 1, 2022, and every July 1 thereafter, the minimum wage for both large and small employers will be adjusted by the rate of inflation, as measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers in the Los Angeles metropolitan area.

Los Angeles County, California Code of Ordinances Sec. 8.04.020, as enacted by Los Angeles County Ordinance 15-4320.

Communications in Postings Required by Los Angeles County Law

Los Angeles County requires a poster relating to the minimum wage.

Long Beach Hotel Workers Minimum Wage

Hotels in Long Beach with 100 or more guest rooms must pay employees at least $14.97 per hour. The minimum wage is increased annually by a) the amount of increase in the federal minimum wage over the amount in effect on December 31, 2011, b) the rate of inflation or c) 2 percent, whichever is greater. The next annual adjustment is scheduled for July 1, 2020.

+Long Beach, California Municipal Code Sec. 5.48.020.

Malibu Minimum Wage

Employers that employ or exercise control over the wages, hours or working conditions of any employee - defined as a person who performs at least two hours of work and is not exempt from the state minimum wage requirements - must pay those employees a minimum wage.

For a large employer with 26 or more employees (as determined by the average number of employees employed during the previous calendar year), the minimum wage is $14.25 and will increase to $15.00 on July 1, 2020.

For a small employer with 25 or fewer employees, the minimum wage is $13.25 and will increase to:

  • $14.25 on July 1, 2020; and
  • $15.00 on July 1, 2021.

Beginning on July 1, 2022, and every July 1 thereafter, the minimum wage for small and large businesses alike will be adjusted by the rate of inflation, as measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers in the Los Angeles-Riverside-Orange County metropolitan statistical area.

Malibu, California Code of Ordinances Chapter 5.36.

Communications in Postings Encouraged by Malibu Law

Malibu encourages, but does not require, a poster relating to the minimum wage.

Milpitas Minimum Wage

Employers that maintain a business facility in the city of Milpitas or are subject to the city's business license requirements and that employ or exercise control over the wages, hours or working conditions of any person who performs at least two hours of work in a given calendar week within the city of Milpitas must pay to employees who are not exempt from the state minimum wage requirements a minimum wage of $15.00 for each hour worked within the city.

Beginning on July 1, 2020, and every July 1 thereafter, the minimum wage will be adjusted by the rate of inflation, as measured by the percentage increase in the Bay Area Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose metropolitan area during the 12 months preceding the prior February, rounded to the nearest five cents and not exceeding 5 percent. These scheduled increases may be temporarily suspended if certain economic conditions are not met.

Commissions and guaranteed gratuities, but not discretionary tips, may be counted toward the minimum wage.

The employer may offset a portion of the minimum wage for housing and meal costs allowed under state law if there is a prior voluntary agreement between the employer and the employee.

+Milpitas, California Code of Ordinances Sec. III-31-3.00, +Milpitas, California Code of Ordinances Sec. III-31-4.00.

Communications in Postings Required by Milpitas Law

Milpitas requires a poster relating to the minimum wage.

Mountain View Minimum Wage

An employer in Mountain View must pay employees a minimum wage of $15.65 for each hour worked within the city.

Every January 1, the Mountain View minimum wage will be adjusted for inflation. It will increase by an amount corresponding to the increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose metropolitan area during the prior year as of the preceding August, rounded to the nearest five cents. The next inflation adjustment is scheduled for January 1, 2020.

+Mountain View, California Code of Ordinances SEC. 42.13, +Mountain View, California Code of Ordinances SEC. 42.14 (as amended by Ordinance Amending Section 42.14 of the Mountain View City Code Related to the Citywide Minimum Wage), +Mountain View, California Code of Ordinances SEC. 42.15, +Mountain View, California Code of Ordinances SEC. 42.16.

Mountain View Employer

An employer in Mountain View is any person - including corporate officers or executives, as defined in +Cal Lab Code § 18 - who:

  • Directly or indirectly through any other person, including through the services of a temporary employment agency, staffing agency, subcontractor or similar entity, employs or exercises control over the wages, hours or working conditions of any employee; and is either:
    • Subject to the city's business license requirements; or
    • Maintains a business facility in the city.

Mountain View Employee

An employee in Mountain View is any person who:

Collective Bargaining Waiver

Mountain View's minimum wage requirements may be waived in a bona fide collective bargaining agreement, as long as the waiver is explicitly set forth in clear and unambiguous terms.

Communications in Postings Required by Mountain View Law

Mountain View requires a poster relating to the minimum wage.

Oakland Minimum Wage

An employer in Oakland must pay employees a minimum wage of $13.80 for each hour worked within the geographic boundaries of the City of Oakland.

Every January 1, the Oakland minimum wage will be adjusted for inflation. It will increase by an amount corresponding to the prior year's increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose metropolitan statistical area.

The next annual inflation adjustment is scheduled for January 1, 2020.

+Oakland, California Code of Ordinances Sec. 5.92.020.

Oakland Employer

An employer in Oakland is any individual corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign, that directly or indirectly (including through the services of a temporary services or staffing agency or similar entity) employs or exercises control over the wages, hours or working conditions of any employee. +Oakland, California Code of Ordinances Sec. 5.92.010.

Oakland Employee

An employee in Oakland is any person who:

+Oakland, California Code of Ordinances Sec. 5.92.010.

Collective Bargaining Waiver

Oakland's minimum wage requirements may be waived in a bona fide collective bargaining agreement, as long as the waiver is explicitly set forth in clear and unambiguous terms. +Oakland, California Code of Ordinances Sec. 5.92.050.

Communications in Postings Required by Oakland Law

Oakland requires a poster relating to the minimum wage.

Oakland Hotel Minimum Wage

Effective July 1, 2019, a hotel employer must pay hotel employees a minimum wage of:

  • $15.00 per hour with health benefits, not including gratuities, service charge distributions or bonuses; or
  • $20.00 per hour without health benefits, not including gratuities, service charge distributions or bonuses.

Health benefits consist of the difference between the higher wage and the lower wage toward the provision of health care benefits for hotel employees and their dependents. Proof of the provision of these benefits must be kept on file by the hotel employer, if applicable.

Every January 1, the Oakland minimum wage will be adjusted for inflation by an amount corresponding to the prior year's increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose metropolitan statistical area.

Oakland Hotel

A hotel is defined as a public or private space or structure for living that:

  • Offers the right to use the space for sleeping or overnight accommodations for compensation; and
  • Contains 50 or more guest rooms or suites of rooms.
Oakland Hotel Employer

A hotel employer is defined as:

  • A person who owns, controls and/or operates a hotel in Oakland;
  • A person who owns, controls and/or operates any contracted, leased or sublet premises connected to or operated in conjunction with the hotel's purpose; or
  • A person, other than a hotel employee, who provides services at the hotel.
Oakland Hotel Employee

A hotel employee means any individual who:

  • Is employee directly by the hotel employer; and
  • Was hired to or did work an average five hours per week for four weeks at one or more hotels.

Measure Z also establishes workplace safety protections for hotel employees.

Oakland, California Code of Ordinances Sec. 5.93.040, as enacted by Ballot Measure Z.

Palo Alto Minimum Wage

Employers that maintain a business facility in the city of Palo Alto or are subject to the city's business license requirements and that employ or exercise control over the wages, hours or working conditions of any person who performs at least two hours of work in a given calendar week within the city of Palo Alto must pay to employees who are not exempt from the state minimum wage requirements a minimum wage of $15.00 for each hour worked within the city.

Beginning on January 1, 2020, and every January 1 thereafter, the minimum wage will be adjusted by the rate of inflation, as measured by the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose metropolitan area during the 12 months preceding the prior August, rounded to the nearest five cents and not exceeding 5 percent. (Note: Although the ordinance states that annual inflation adjustments will begin on January 1, 2019, the first inflation adjustment will not actually take place until 2020 due to the increase to $15.00 scheduled for January 1, 2019, the City of Palo Alto stated in an email to XpertHR.)

Palo Alto, California Code of Ordinances Chapter 4.62.

Communications in Postings Required by Palo Alto Law

Palo Alto requires a poster relating to the minimum wage.

Pasadena Minimum Wage

An employer in Pasadena must pay employees a minimum wage for each hour worked within the city. The minimum wage varies depending on the size of the employer:

  • For employers with 26 or more employees (as determined by the average number of people employed throughout the United States during the previous calendar year), the minimum wage is $14.25.
  • For employers with 25 or fewer employees, the minimum wage is $13.25.

The minimum wage in Pasadena will increase according to the following schedule:

  • July 1, 2020 - $15.00 for large employers, $14.25 for small employers;
  • July 1, 2021 - $15.00 for both large employers and small employers; and
  • July 1, 2022, and each July 1 thereafter - adjusted for inflation by an amount equal to the change in the Consumer Price Index (CPI), for all urban consumers (all items) for the Los Angeles/Long Beach/Riverside consolidated metropolitan statistical area.

+Pasadena, California Code of Ordinances Sec. 5.02.015, as amended by an unnumbered ordinance.

A nonprofit corporation with 26 or more employees may qualify to follow the schedule for employers with 25 or fewer employees. A nonprofit corporation must qualify for nonprofit status under +IRC Sec. 501(c)(3) and must establish by compelling evidence that:

  • The CEO earns a salary that, when calculated on an hourly basis, is less than five times the lowest wage paid by the corporation;
  • It is a certified transitional employer (i.e., provides transitional jobs for the long-term unemployed);
  • It serves as a child care provider; or
  • It is funded primarily by city, county, state or federal grants or reimbursements.

+Pasadena, California Code of Ordinances Sec. 5.02.025.

Pasadena Employer

An employer in Pasadena is any person - including corporate officers or executives, as defined in +Cal Lab Code § 18 - who directly or indirectly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of any other person. +Pasadena, California Code of Ordinances Sec. 5.02.010.

Pasadena Employee

An employee in Pasadena is any person who:

+Pasadena, California Code of Ordinances Sec. 5.02.010.

Pasadena Subminimum Wages

Employees who qualify as learners under state law and who are 14-17 years of age may be paid 85 percent of the Pasadena minimum wage for the first 160 hours of employment. After 160 hours, learners must be paid the full minimum wage. +Pasadena, California Code of Ordinances Sec. 5.02.015.

Collective Bargaining Waiver

Employees may not waive their right to a minimum wage under Pasadena's ordinance. +Pasadena, California Code of Ordinances Sec. 5.02.045.

Communications in Postings Required by Pasadena Law

Pasadena requires a poster relating to the minimum wage.

Petaluma Minimum Wage

Effective January 1, 2020, a covered employer in Petaluma must pay a minimum wage to covered employees for each hour worked within city limits, excluding time spent travelling through Petaluma with no employment-related stops other than for refueling, personal meals or errands.

The minimum wage will be $15.00 per hour for large employers with 26 or more employees and $14.00 per hour for small employers with 25 or fewer employees.

Effective January 1, 2021, and every January 1 thereafter, the minimum wage all employers must pay employees, regardless of the number of employees they employ, will be adjusted for inflation based on the Consumer Price Index for urban wage earners and clerical workers for the San Francisco-Oakland-San Jose area.

Petaluma, California Code of Ordinances Chapter 8.35, as enacted by Ordinance 2691.

Petaluma Employer

An employer in Petaluma is any person - including corporate officers or executives - who directly or indirectly (including through the services of a temporary services or staffing agency or similar entity) employs or exercises control over the wages, hours or working conditions of any employee.

In calculating the number of employees for determining the applicable minimum wage, the number of employees includes all employees working on a full-time, part-time, or temporary basis.

Petaluma Employee

An employee in Petaluma is any person who:

Petaluma Subminimum Wages

Employees who qualify as learners under state law may be paid 85 percent of the Petaluma minimum wage, rounded to the nearest five cents. Petaluma, California Code of Ordinances Sec. 8.35.030(F).

Petaluma Recordkeeping

An employer must maintain for at least three years a record of each employee's:

  • Name;
  • Hours worked; and
  • Pay rate.

A copy of the records must be provided to employees on request during normal business hours.

Failure to maintain and provide the required records raises a rebuttable presumption that an employee's account of how much he or she was paid in any enforcement proceeding is accurate; this presumption may be rebutted by competent evidence to the contrary.

Petaluma, California Code of Ordinances Sec. 8.35.080(D).

Collective Bargaining Waiver

The minimum wage law requirements may be waived in a bona fide collective bargaining agreement, as long as the waiver is explicitly set forth in the agreement in clear and unambiguous terms. Petaluma, California Code of Ordinances Sec. 8.35.040.

Communications in Postings Required by Petaluma Law

Petaluma requires a poster relating to the minimum wage.

Redwood City Minimum Wage

Employers that maintain a facility in Redwood City or are subject to the city's business license tax and that employ or exercise control over the wages, hours or working conditions of any person who performs at least two hours of work in a given calendar week within the Redwood City and who is not exempt from the state minimum wage requirements must pay a minimum wage of $13.50 for each hour worked within the city.

On January 1, 2020, the minimum wage will increase to $15.00 per hour plus an amount corresponding to the prior year's increase, if any, in the cost of living as measured by the percentage increase in the Consumer Price Index for San Francisco-Oakland-San Jose during the 12 months preceding the prior August; for example, if the cost of living increases by 5% in the prior year, then the minimum wage will be $15.75 ($15.00 + ($15.00 × .05 = $0.75)).

Beginning on January 1, 2021, and every January 1 thereafter, the minimum wage will be adjusted for inflation by an amount corresponding to the prior year's increase, if any, in the cost of living, as measured by the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose metropolitan area during the 12 months preceding the prior August.

The minimum wage requirements may be waived in a bona fide collective bargaining agreement, as long as the agreement is explicitly set forth in clear and unambiguous terms. Such waivers may not be applied retroactively and do not apply to employees in the property services industry (for example, janitors, landscapers, groundskeepers and security guards).

Employees who qualify as learners under state law may be paid 85 percent of the Redwood City minimum wage for the first 160 hours of employment. After 160 hours, learners must be paid the full minimum wage.

Redwood City, California Code of Ordinances Chapter 46, as enacted by Ordinance 2443.

Communications in Postings Required by Redwood City Law

Redwood City requires a poster relating to the minimum wage.

Richmond Minimum Wage

Employers that pay for more than 800 hours of employee labor during any two-week period at all business locations, regardless of whether they are in or outside of the City of Richmond, must pay a minimum wage of $15.00 to employees who perform two or more hours of work per calendar week in the City of Richmond. Beginning on January 1, 2020, and every January 1 thereafter, the minimum wage will be adjusted by the rate of inflation, as measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose metropolitan statistical area.

The minimum wage is $1.50 lower for employers that pay at least $1.50 per hour per employee to a medical benefits plan.

Richmond's minimum wage requirements do not apply to workers exempt from the state minimum wage requirements - including but not limited to learners - or to persons employed through the city's YouthWORKS Youth Summer Employment Program.

+Richmond, California Code of Ordinances Sec. 7.108.030; +Richmond, California Code of Ordinances Sec. 7.108.040, as amended by Ordinance No.15-17 N.S.

Communications in Postings Required by Richmond Law

Richmond requires a poster relating to the minimum wage.

San Diego Minimum Wage

An employer that exercises control over the wages, hours or working conditions of any person must pay a minimum wage of $12.00 to employees who work at least two hours in the city in one or more calendar weeks of the year. A person who receives services under the California In-Home Supportive Services Program is not considered an employer.

On January 1 of every year, the minimum wage will be adjusted for inflation by an amount corresponding to the increase, if any, in the Consumer Price Index (Urban Wage Earners and Clerical Workers, U.S. City Average for All Items) during the prior year as of the preceding August, rounded to the nearest five cents. The next annual inflation adjustment is scheduled for January 1, 2020.

The following are exempt from San Diego's minimum wage ordinance:

  • Independent contractors;
  • Individuals with mental or physical disabilities who are authorized to be employed at less than the minimum wage;
  • Persons employed under a publicly subsidized summer or short-term youth employment program; and
  • Student employees, camp counselors or program counselors of an organized camp.

San Diego, California Code of Ordinances Sec. 39.0107, as added by San Diego Ordinance O-20390.

Communications in Postings Required by San Diego Law

San Diego requires a poster relating to the minimum wage.

San Francisco Minimum Wage

An employer in San Francisco must pay employees a minimum wage of $15.59 for each hour worked within the boundaries of the City and County of San Francisco.

Every July 1, the minimum wage will be adjusted for inflation by an amount corresponding to the prior year's increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose metropolitan statistical area. The next annual inflation adjustment is scheduled for July 1, 2020.

Wages may include salary, hourly pay, piece rate compensation, commissions, nondiscretionary performance bonuses and certain costs for housing and meals, as allowed under state law. San Francisco Office of Labor Standards Enforcement, Frequently Asked Questions.

There is a different minimum wage for government-supported employees, defined as:

  • Employees under the age of 18 who are employed as after-school or summer employees in a training or apprenticeship program; and
  • Employees over the age of 55 employed by certain nonprofits that provide social welfare services.

San Francisco, California Administrative Code SEC 12R.3 and San Francisco, California Administrative Code SEC 12R.4.

San Francisco Employer

An employer in San Francisco is any person - including corporate officers or executives, as defined in +Cal Lab Code § 18 - who directly or indirectly or through an agent any other person, including through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of any employee.

San Francisco Employee

An employee in San Francisco is any person who:

  • In a calendar week performs at least two hours of work within the geographic boundaries of the City and County of San Francisco for an employer; and either:

According to nonbinding guidance from the Office of Labor Standards Enforcement, independent contractors, learners and certain workers with disabilities are not entitled to the San Francisco minimum wage.

Tip Credit

An employer may not use an employee's tips as a credit toward its obligation to pay the San Francisco minimum wage. San Francisco Office of Labor Standards Enforcement, Frequently Asked Questions.

Collective Bargaining Waiver

San Francisco's minimum wage requirements may be waived in a bona fide collective bargaining agreement, as long as the waiver is explicitly set forth in the agreement in clear and unambiguous terms. San Francisco, California Administrative Code SEC 12R.8.

Communications in Postings Required by San Francisco Law

San Francisco requires a poster relating to the minimum wage.

San Francisco Formula Retail Employee Rights Ordinances

Certain chain stores with at least 40 retail establishments worldwide and at least 20 employees in San Francisco must pay covered employees "predictability pay" and pay for on-call shifts (see Hours Worked: California). See Managing Employees in Special Situations: Federal.

San Jose Minimum Wage

Employers that are subject to the business license tax (see +San Jose, California Code of Ordinances Sec. 4.100.030) or maintain a facility in San Jose and that employ or exercise control over the wages, hours or working conditions of any person who performs at least two hours of work in a week must pay a minimum wage of $15.00 per hour for each hour worked within San Jose city limits.

Beginning on January 1, 2020, and every January 1 thereafter, San Jose's minimum wage will be adjusted for inflation by an amount (not to exceed 5 percent) corresponding to the increase, if any, in the Bay Area Consumer Price Index (Urban Wage Earners and Clerical Workers, San Francisco-Oakland-San Jose, CA for All Items) from August of the immediately preceding year to August of the previous year. Further information can be found at the Office of the City Manager.

All increases are subject to an annual determination by the Office of Equality Assurance that economic conditions can support a minimum wage increase.

Certain youth training programs are exempt.

+San Jose, California Code of Ordinances Sec. 4.100.040, as amended by Ordinance 29829.

Communications in Postings Required by San Jose Law

San Jose requires a poster relating to the minimum wage.

San Leandro Minimum Wage

Employers that hold a business license in the city of San Leandro or that employ or exercise control over the wages, hours or working conditions of any person who performs at least two hours of work in a given calendar week within the city of San Leandro must pay to employees who are not exempt from the state minimum wage requirements or participants in a Welfare-to-Work Program a minimum wage of $14.00 for each hour worked within the city.

The minimum wage will increase to $15.00 on July 1, 2020.

San Leandro, California Code of Ordinances Section 4-35-300, San Leandro, California Code of Ordinances Section 4-35-400.

The minimum wage requirements do not apply to:

  • Employees up to 25 years of age who are employed by a nonprofit or governmental entity for after school or summer employment;
  • Employees up to 25 years of age who are employed as student interns, volunteers or trainees for up to 120 days;
  • Employees who are standing by or on call, according to the criteria established by the Fair Labor Standards Act (but only during the time when the employee is actually standing by or on call).

San Leandro, California Code of Ordinances Section 4-35-1300.

To the extent required by federal law, all or any portion of the minimum wage requirements may be waived in a bona fide collective bargaining agreement, as long as the waiver is set forth in clear and unambiguous terms. San Leandro, California Code of Ordinances Section 4-35-500.

Communications in Postings Required by San Leandro Law

San Leandro requires a poster relating to the minimum wage.

San Mateo Minimum Wage

Employers that employ or exercise control over the wages, hours or working conditions of any person who performs at least two hours of work in a given calendar week within the city of San Mateo must pay to employees who are not exempt from the state minimum wage requirements a minimum wage of $15.00 for each hour worked within the city ($13.50 for nonprofit corporations).

Beginning on January 1, 2020, and every January 1 thereafter, the minimum wage will be the same for both for-profit and nonprofit employers, and will be increased by an amount corresponding to the increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland-San Jose metropolitan area during the 12 months preceding the prior August.

Employees who qualify as learners under state law may be paid 85 percent of the San Mateo minimum wage for the first 160 hours of employment. After 160 hours, learners must be paid the full minimum wage.

San Mateo, California Code of Ordinances Sec. 5.92.020.

Communications in Postings Required by San Mateo Law

San Mateo requires a poster relating to the minimum wage.

Santa Clara Minimum Wage

Employers that maintain a business facility in the city of Santa Clara or are subject to the city's business tax and that employ or exercise control over the wages, hours or working conditions of any person who performs at least two hours of work in a given calendar week within the city of Santa Clara must pay to employees who are not exempt from the state minimum wage requirements a minimum wage of $15.00 for each hour worked within the city.

On January 1, 2020, and every January 1 thereafter, the minimum wage will be adjusted by the rate of inflation, as measured by the change in the Bay Area Consumer Price Index (Urban Wage Earners and Clerical Workers, San Francisco-Oakland-San Jose, CA for All Items) as of August of the immediately preceding year over the level as of August of the previous year, rounded to the nearest five cents. This inflation adjustment cannot exceed 5%. Commissions or guaranteed gratuities, but not discretionary tips, may be counted toward the minimum wage. Employers also may claim an offset for meals and housing in accordance with state rules.

To the extent required by federal law, Santa Clara's minimum wage requirements may be waived in a bona fide collective bargaining agreement, as long as the waiver is explicitly set forth in clear and unambiguous terms. Santa Clara, California Code of Ordinances Chapter 3.20, as amended by Ordinance 1969.

Santa Monica Minimum Wage

Employers that maintain a business facility in the city of Santa Monica or are subject to the city's business license requirements and that employ or exercise control over the wages, hours or working conditions of any person who performs at least two hours of work in a given calendar week within the city of Santa Monica must pay to employees who are not exempt from the state minimum wage requirements a minimum wage for each hour worked within the city.

For a large employer with 26 or more employees (as determined by the average number of employees employed per quarter during the previous calendar year), the minimum wage is $14.25. It will increase to $15.00 on July 1, 2020.

For a small employer with 25 or fewer employees, the minimum wage is $13.25. It will increase to:

  • $14.25 on July 1, 2020; and
  • $15.00 on July 1, 2021.

Beginning on July 1, 2022, and every July 1 thereafter, the minimum wage for small and large businesses alike will be adjusted based on the Consumer Price Index for Urban Wage Earners and Clerical Workers in the Los Angeles metropolitan area.

Employees who qualify as learners under state law may be paid 85 percent of the Santa Monica minimum wage, rounded to the nearest nickel, for the first 160 hours of employment. After 160 hours, learners must be paid the full minimum wage.

Santa Monica, California Code of Ordinances Sec. 4.62.015.

Santa Monica Hotels

Hotels in Santa Monica must pay the same minimum wage established for hotels in Los Angeles.

Santa Monica, California Code of Ordinances Sec. 4.63.015.

Communications in Postings Required by Santa Monica Law

Santa Monica requires a poster relating to the minimum wage.

Sonoma Minimum Wage

Effective January 1, 2020, a covered employer in Sonoma must pay a minimum wage to covered employees for each hour worked within city limits. The minimum wage differs depending on the size of the employer.

Date 26 or more employees 25 or fewer employees
January 1, 2020 $13.50 $12.50
January 1, 2021 $15.00* $14.00*
January 1, 2022 $16.00* $15.00*
January 1, 2023 $17.00* $16.00*
January 1, 2024 (and every January 1 thereafter) Adjusted for inflation Adjusted for inflation
*Effective January 1, 2021, an employer that pays $1.50 per hour per employee towards a medical benefits plan may pay the minimum wage less $1.50. Additional work on defining the parameters of this credit will occur in 2020, according to the city government. Sonoma, California Code of Ordinances Sec. 2.80.040(F).

Effective January 1, 2024, and every January 1 thereafter, the minimum wage will increase by 3.5% or by a percentage index to be set by a city council resolution, whichever is less.

Sonoma, California Code of Ordinances Chapter 2.80, as enacted by Ordinance 02-2019.

Sonoma Employer

An employer in Sonoma is any person - including corporate officers or executives - who directly or indirectly (including through the services of a temporary services or staffing agency or similar entity) employs or exercises control over the wages, hours or working conditions of any employee.

A Large Employer normally has 26 or more employees during a given week (or is part of a franchise that employs 26 or more employees in aggregate). A Small Employer normally has 25 or fewer employees during a given week.

To determine employer size during a given week, all persons performing work for compensation for the same business enterprise are counted, whether inside or outside the city of Sonoma. This includes full-time, part-time and temporary employees, and persons made available to work through the services of a temporary services or staffing agency or similar entity. Separate entities will be considered an integrated enterprise and a single employer under Sonoma's minimum wage ordinance where a separate entity controls the operation of another entity, as based on factors that include but are not limited to:

  • The degree of interrelation between the operations of multiple entities;
  • The degree to which the entities share common management;
  • Centralized control of labor relations; and
  • The degree of common ownership or financial control over the entities.

Sonoma Employee

An employee in Sonoma is any person who:

  • Performs at least two hours of work in a calendar week within the geographic boundaries of Sonoma for an employer; and
  • Is an employee under the state minimum wage requirements.

Employees who are typically based outside Sonoma and perform work in Sonoma on an occasional basis are covered in a one-week period only if they perform more than two hours of work for an employer within Sonoma during that one-week period. Once employees who work in Sonoma on an occasional basis perform more than two hours of work for an employer within Sonoma during a one-week period, payment for all time worked in the city during that one-week period must be made in compliance with the Sonoma minimum wage ordinance. Time spent in Sonoma solely for the purpose of travelling through the City, with no employment-related or commercial stops except for refueling or personal meals or errands, is not covered.

Sonoma Subminimum Wages

Employees who qualify as learners under state law and who are 14-17 years of age may be paid 85 percent of the Sonoma minimum wage for the first 160 hours of employment. After 160 hours, learners must be paid the full minimum wage. Sonoma, California Code of Ordinances Sec. 2.80.040(A).

Sonoma Recordkeeping

An employer must maintain for at least three years a record of each employee's:

  • Name;
  • Hours worked; and
  • Pay rate.

A copy of the records must be provided upon "reasonable" request.

Collective Bargaining Waiver

The minimum wage law requirements may be waived in a bona fide collective bargaining agreement, provided the waiver is explicitly set forth in the agreement in clear and unambiguous terms. Sonoma, California Code of Ordinances Sec. 2.80.045.

Communications in Postings Required by Sonoma Law

Sonoma requires a poster relating to the minimum wage.

Sunnyvale Minimum Wage

An employer in Sunnyvale must pay employees a minimum wage of $15.65 for each hour worked within the city.

Every January 1, the minimum wage will be adjusted for inflation. It will increase by the lesser of 5% or an amount corresponding to the increase, if any, in the Bay Area Consumer Price Index (Urban Wage Earners and Clerical Workers, San Francisco-Oakland-San Jose, for All Items) during the prior year as of the preceding August, rounded to the nearest five cents. The next inflation adjustment is scheduled for January 1, 2020.

An employer may count commissions and guaranteed gratuities (but not discretionary gratuities) toward the minimum wage. An employer also may offset housing and meal costs according to state rules.

Sunnyvale, California Code of Ordinances Chapter 3.80.

Sunnyvale Employer

An employer in Sunnyvale is any person - including corporate officers or executives, as defined in +Cal Lab Code § 18 - who directly or indirectly through any other person, including through the services of a temporary employment agency, staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of any employee and either:

Sunnyvale Employee

An employee in Sunnyvale is any person who:

Collective Bargaining Waiver

Sunnyvale's minimum wage requirements may be waived in a bona fide collective bargaining agreement, as long as the waiver is explicitly set forth in such agreement in clear and unambiguous terms.

Communications in Postings Required by Sunnyvale Law

Sunnyvale requires a poster relating to the minimum wage.

Future Developments

There are no developments to report at this time. Continue to check XpertHR regularly for the latest information on this and other topics.