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Minimum Wage - Employee Related

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1. May an employee agree to work for less than the City’s minimum wage?

No. The minimum wage is an obligation of the employer and cannot be waived by agreement except collective bargaining agreements. To the extent required by federal law, all or any portion of the applicable requirements of the City of San Jose Minimum Wage Ordinance may be waived in a bona fide collective bargaining agreement provided that such waiver is explicitly set forth in such agreement in clear and unambiguous terms.

2. What can I do if my employer does not pay me at least the San Jose minimum wage?

You may either file a wage claim with the City of San Jose’s Office of Equality Assurance or file a lawsuit in court against your employer. If an employee chooses to file a claim alleging the non-payment of the San Jose minimum wage by her/his employer, the employee must file the claim either by mail or in person.

3. What can I do if my employer retaliates against me because I question her/him about not being paid the San Jose minimum wage?

Under the San Jose Minimum Wage Ordinance, it is unlawful for an employer to retaliate against employees who assert their right to receive the San Jose minimum wage. There is a rebuttable presumption of retaliation if any adverse action is taken against a person within ninety (90) days of the person exercising their rights protected under the law. If you are subjected to retaliation, you may either file a claim with the City of San Jose’s Office of Equality Assurance or file a lawsuit in court against your employer.