Minimum Wage Program

(Updated December 7, 2016)

The City of San Diego’s Earned Sick Leave and Minimum Wage Ordinance,PDF icon 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.  This page will be updated as new information is available.

Minimum Wage:

All employers must pay each employee wages not less than $10.50 for each hour worked within the geographic boundaries of the City.  The City of San Diego minimum wage will increase according to 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)
 
Earned Sick Leave:
 
Employers must provide each employee earned sick leave.  Employees must accrue no less than one (1) hour of earned sick leave for every thirty (30) hours worked within the geographic boundaries of the City; employers may cap the total accrual of sick leave at eighty (80) hours.  Any unused accrued earned sick leave must be carried forward to the following benefit year.
 
Employers may satisfy the accrual and carry over requirements if no less than forty (40) hours of earned sick leave are awarded to an employee at the beginning of each benefit year.  Employers may limit an employee's use of earned sick leave to forty (40) hours in a benefit year.  Employees may use earned sick leave for all the reasons described in Section 39.0106(a), which includes, but is not limited to, time for their own medical care or for the medical care of a family member.
 
If an employer provides, through a contract, collective bargaining agreement, employment benefit plan or other agreement, greater paid time off than the employee would have otherwise received under the provisions of the Ordinance, that employer may utilize an alternative methodology for calculation, payment and use of earned sick leave or paid time off.
 

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.  

Complaint Process:

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:

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.

   

Helpful information: