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Minimum Wage - General Questions

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1. What is the San Jose Minimum Ordinance?

The San Jose Minimum Wage Ordinance was passed by City of San Jose voters on November 6, 2012. The Ordinance requires employers covered by the Ordinance to pay a minimum of $10.00 per hour beginning March 11, 2013 to each employee who performs at least two (2) hours or more per week of work in San Jose. Additional Information...

2. What is the effective date of the San Jose Minimum Wage Ordinance?

March 11, 2013 is the effective date of the San Jose Minimum Wage Ordinance. Employers covered by the Ordinance must pay their workers a minimum of $10.00 per hour beginning March 11, 2013.

3. What is the San Jose minimum wage?

Effective March 11, 2013, the San Jose minimum wage is $10.00 per hour.

4. How is the San Jose minimum wage adjusted?

Beginning January 1, 2014, and on every January 1 thereafter, the minimum wage will increase by an amount corresponding to the prior year’s Consumer Price Index (CPI) for urban wage earners and clerical workers for the San Francisco-Oakland-San Jose CA metropolitan statistical area as reported by the US Department of Labor, Bureau of Labor Statistics.

5. What is included in the definition of "wages" under the San Jose minimum wage?

“Wages” include compensation that is received in the form of salary, hourly pay, piece rate, commissions and non-discretionary performance bonuses. Wages do not include tips. In addition, San Jose permits employers to offset a portion of the San Jose minimum wage for housing and meal costs. The City offsets for housing and meal costs are the same as those offsets available under the California minimum wage law. The offsets are only recognized if there is a prior voluntary agreement between the employer and employee.

6. Does the San Jose Minimum Wage Ordinance protect undocumented workers?

Yes. All workers in San Jose, whether or not they are legally authorized to work in the United States, are protected. The City’s Office of Equality Assurance will process and investigate a wage claim without regard to a worker’s immigration status. Workers filing a claim with the City’s Office of Equality Assurance will not be questioned about their immigration status.

7. What is the difference between the Federal, State and San Jose minimum wage laws?

San Jose employers are subject to Federal, State and San Jose minimum wage laws. When there are conflicting requirements in the laws, the employer must follow the strictest standard; that is, the one that is most favorable to the employee. Since San Jose’s current law requires a higher minimum wage rate than does the state and federal law, covered employers are required to pay the City’s minimum wage of $10.00 per hour.

8. Where can I find more information about the San Jose Minimum Wage Ordinance?

Information regarding the San Jose Minimum Wage Ordinance, please click the link below. You can also call the San Jose Office of Equality Assurance (OEA) at 408-535-8430 or e-mail OEA at SJMWO@sanjoseca.gov. More information here.