California recently enacted a law that could raise the minimum wage for fast food workers to over $20 an hour. The new law establishes a council to oversee labor conditions in the quick-service industry with broad authority to adopt rules concerning wages and working conditions in the industry. The law... Read More »
New Minimum Wage in California
Raising the Standard of Living for Workers While Minding the Means of Smaller Businesses
In 2018, California’s minimum wage increased to $11 per hour for businesses with 26 employees or more and $10.50 per hour for businesses with 25 employees or less. The minimum wage increase is part of California’s plan to increase the minimum wage each year until reaching $15 per hour in 2022. At the same time, California cities have continuously initiated their own minimum wage increases.
According to state estimates, more than two million workers earn the minimum wage rate in California.
Exceptions & Exemptions to Minimum Wage Increases
California’s plan to raise the minimum wage to $15 by 2022 does have a few exceptions. The increase will be delayed one year for employers with 25 employees or fewer, so that small businesses have one extra year to ultimately comply with the new minimum wage—in other words, $15 by 2023. Also, the scheduled increases may be suspended by the governor based on certain determinations, such as negative job growth. Some employees are exempt from the minimum wage law, such as outside salespersons, individuals who are the parent, spouse, or child of the employer, and apprentices regularly indentured under the State Division of Apprenticeship Standards.
The Minimum Wage Order (MW-2017) contains an exception for “learners,” regardless of age, who may be paid not less than 85% of the minimum wage rounded to the nearest nickel during their first 160 hours of employment in occupations where they have no previous similar or related experience. There are also exceptions for mentally and/or physically disabled employees, and for nonprofit organizations. Nonprofits and those employing disabled workers may be issued a special license by the Division of Labor Standards Enforcement authorizing employment at a wage less than the legal minimum wage.
California Cities with Even Higher Minimum Wages
Local entities, i.e. cities and counties, are permitted to adopt their own minimum wage rates for employees working within their jurisdiction. The effect of having different federal, state, and local minimum wage rates governing a worker or location is that the employer is required to pay the highest of those rates applicable to the employee. California cities with a higher minimum wage than the state rate include:
- Berkeley - $15 per hour (up from $13.75)
- Cupertino - $13.50 per hour (up from $12)
- El Cerrito - $13.60 per hour (up from $12.25)
- Los Altos - $13.50 per hour (up from $12)
- Los Angeles - $12 per hour (up from $10.50) for small businesses and $13.25 per hour (up from $12) for big businesses, starting July 1, 2018
- Malibu - $12 per hour (up from $10.50) for small businesses and $13.25 (up from $12) for big businesses
- Milpitas - $12 per hour (up from $11) on January 1, 2018 and $13.50 (up from $12) on July 1, 2018
- Mountain View - $15 per hour (up from $13)
- Oakland - $13.23 per hour (up from $12.86)
- Palo Alto - $13.50 per hour (up from $12)
- Pasadena - $12 per hour (up from $10.50) for small businesses and $13.25 per hour (up from $12) for big businesses, starting July 1, 2018
- Richmond City - $13.41 per hour (up from $12.30) if the employee doesn’t receive insurance benefits; $11.91 per hour (up from $10.80) if the employee does receive insurance benefits
- San Francisco - $15 per hour (up from $14 per hour), starting July 1, 2018
- San Jose - $13.50 per hour (up from $12)
- San Leandro - $13 per hour (up from $12)
- San Mateo - $13 per hour (up from $12.50) for profit companies; $12 per hour (up from $10.50) for nonprofit companies
- Santa Clara - $13 per hour (up from $11.10)
- Santa Monica - $12 per hour (up from $10.50) for small businesses and $13.25 (up from $12) for big businesses
- Sunnyvale - $15 per hour (up from $13)
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