Investigations may be initiated based off complaints, including formal complaints, tips or anonymous information received and from the Program’s Directed Investigation annual workplan.
If an employee believes their rights under the Earned Sick Leave and Minimum Wage Ordinance have been violated, a complaint can be filed with the City of San Diego Minimum Wage Program by completing a Complaint Declaration Form or by clicking here. The form is available below in various languages. Employees can also contact the Minimum Wage Program to obtain a hard copy of the Complaint Declaration Form.
If additional information is needed, the employee/complainant will be contacted prior to any investigation. Anonymous complaints, tips or other information regarding potential violations of the Ordinance can also be submitted.
In accordance with the Earned Sick Leave and Minimum Wage Ordinance section 39.0113(a), the Enforcement Office has promulgated and issued the following regulation(s):
CDC Rule for Earned Sick Leave
Note: Employees have the right to bring a cause of action against their employer in court or file a claim with the California Labor Commissioner’s Office for violations of the City of San Diego Ordinance minimum wage and retaliation requirements. Other California Labor law violations, including overtime and meal/rest breaks, can also be filed with the California Labor Commissioner’s Office. Information regarding these processes and how to file claims can be found at the state of California Department of Industrial Relations webpage.
Directed investigations are intended to assist vulnerable, low income employees working in industries where data shows violations are likely to occur, and the workforce is unlikely to file complaints. Even though a complaint was not received, businesses selected for a directed investigation are still required to abide by the Ordinance pertaining to their requirements during the enforcement process.
For more information regarding the investigations process, employers can review the Guide to the Investigation Process or contact the Investigator assigned.