Minimum Wage Program
(Updated February 3, 2017)
The City of San Diego’s Earned Sick Leave and Minimum Wage Ordinance, San Diego Municipal Code (SDMC) Chapter 3, Article 9, Division 1 became effective on July 11, 2016. It is applicable to employees who perform at least two (2) hours of work in one or more calendar weeks of the year within the geographic boundaries of San Diego. To assist in determining if a work location is within the geographic boundaries of the City of San Diego, employers and/or employees can find the community by Council District or can enter the specific address of the work location in the interactive geographic boundaries map.
All employers must pay each employee, for each hour worked within the geographic boundaries of the City, wages not less than the minimum wage rate as shown on the following schedule:
|Effective Date||Minimum Wage Rate|
|July 11, 2016||$10.50|
|January 1, 2017||$11.50|
|January 1, 2019 and each following year||Increase tied to Consumer Price Index (CPI)|
Notice and Posting:
Employers must post in a conspicuous place at any workplace or job site where any employee works, the notices published each year by the City. Additionally, every employer must also provide each employee, at the time of hire or by October 1, 2016, whichever is later, written notice of the employer's legal name, any fictitious business name, address, telephone number, the employer's requirements under the Ordinance, information on how the employer satisfies these requirements including the employer's method of earned sick leave accrual. This notice may be provided through an accessible electronic communication in lieu of a paper notice. To satisfy this requirement, employers may use the City prepared Employer to Employee Notice template.
Complaints alleging violations of the City of San Diego's Earned Sick Leave and Minimum Wage Ordinance must be made in writing and filed within two (2) years of the occurrence of the alleged violation. All complaints will be reviewed and an investigation may be initiated. Substantiated complaints may result in payment of back wages, liquidated damages, and civil penalties.
Per section 39.0113(p) of the Ordinance, the Enforcement Office may collaborate with other governmental agencies to assist in enforcement. In accordance with California Labor Code sections 558, 1197.1 and 1102.5, complaints alleging violations of the minimum wage or retaliation provisions of the Ordinance can be filed with the California Labor Commissioner's Office. Information regarding these processes and how to file claims can be found at the California Department of Industrial Relations webpages:
- Wage Claim Adjudication process - Information on how to file a claim for nonpayment of wages
- Retaliation Complaint Investigation unit - Information on how to file a retaliation complaint
Complaints alleging violations of the earned sick leave and notice and posting provisions of the Ordinance can be filed with the City of San Diego's Minimum Wage Program.
- Frequently Asked Questions ( FAQs)
- Earned Sick Leave and Minimum Wage Enforcement Process
- City of San Diego geographical boundaries