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The city of Belmont (the city) enacted a minimum wage ordinance (the MWO) that requires you to pay any employee who works at least two hours in one calendar week within the geographic boundaries of the city of Belmont at the local minimum wage rate (the Belmont minimum wage).1
The MWO applies to your business if it is subject to the Belmont Business License Tax or if you maintain a facility in Belmont. If you conduct any business in Belmont, even if you don't have a facility there, the MWO likely applies to your business.
You can find more information regarding the MWO on the city's website, including Frequently Asked Questions and an Information Bulletin. You may also contact Belmont's Economic Development & Housing Department by phone at (650) 637-2971 or by email at EconDev@belmont.gov.
You can find the current Belmont minimum wage on the city's website.
A covered employee (employee) under the MWO is any employee, whether adult or minor, who:
You must pay employees at least the Belmont minimum wage for each hour worked in Belmont, not including tips and gratuities. The Belmont minimum wage applies to employees working in Belmont, regardless of where the employer is located or whether the employee is a Belmont resident.4 Employees cannot waive their right to receive at least the Belmont minimum wage, except through a valid collective bargaining agreement.5 However, this exception does not apply to janitors, landscapers, groundskeepers and security guards, who may not waive their right to receive at least the Belmont minimum wage.
Covered employees are entitled to these rights regardless of immigration status.
You may not reduce the hourly wage to any employee or increase charges to employees for parking, meals, uniforms or other items, or decrease benefits to employees to pay for the costs of the increased hourly wage imposed by the MWO.6
You do not need to pay the Belmont minimum wage to individuals who are not entitled to the state minimum wage.7 For more information on these types of employees, see the HR Library's Minimum Wage . The MWO includes "learners" under California law.
For the first 160 hours of employment, you do not have to pay the full Belmont minimum wage to certain learners, but you must pay learners at least 85 percent of the applicable Belmont minimum wage. You must pay the full applicable Belmont minimum wage for every hour worked beyond 160 hours.8
You can find additional information regarding application of the MWO in a Frequently Asked Questions document.
The MWO requires you to post an official, city-provided notice specifying the minimum wage and describing employee rights under the MWO. The notice must be posted prominently in areas of the work site where they will be seen by all employees.9
In addition, you must display the California Minimum Wage Order, which can be found on CalChamber's California and Federal Labor Law posters.
At the time of hire, you must provide employees a written notice with your company's name, address and telephone number.10
State law also requires you to provide the Wage and Employment Notice to Employees (Labor Code section 2810.5) at the time of hire to all nonexempt employees that includes this information and meets the obligation under the MWO.11 For more information about this notice, see the HR Library's New Employee Orientation .
You're also required to retain records of each employee's name, hours worked and pay rate for a period of three years. You must provide the employee a copy of these records upon request.12
The MWO is enforced by the city, which may conduct investigations and take administrative actions to enforce the MWO. In addition, aggrieved employees or the city may file a civil lawsuit for any violation of the MWO.13
Remedies for violations may include: reinstatement, back pay, penalties of $50 owed to each employee for each day the violation occurred, interest on wages owed, reimbursement of the city's administrative costs of enforcement, and attorneys' fees and costs. The city may also issue a civil penalty, payable to the city, in the amount of $50 for each employee whose rights were violated, for each day the violation occurred. This is in addition to the penalties payable to employees.14
The California Labor Commissioner also has the authority to investigate and enforce local minimum wage and overtime provisions, including such provisions in the MWO, and to issue citations and penalties against employers for violations. However, the Labor Commissioner and the city cannot both cite the employer for the same violation.
Employees who assert their rights under the MWO are protected from retaliation.15 For example, employees have the right to complain to their employer that they are not being paid the Belmont minimum wage; file formal complaints; inform other employees of their right to the Belmont minimum wage; or to assist other employees in asserting their rights.
An employer may not discharge an employee within 120 days after the employer was notified that the employee asserted rights protected by the MWO, unless the employer is able to show just cause for the discharge.16
1. Belmont City Code secs. 32-1(b), 32-2(a)
2. Belmont City Code sec. 32-3
3. Belmont City Code sec. 32-1(b)
4. Belmont City Code secs. 32-1(b), 32-2(a), (c)
5. Belmont City Code sec. 32-9
6. Belmont City Code sec. 32-2(c)
7. Belmont City Code secs. 32-1(b)(2), 32-2(a)
8. Belmont City Code sec. 32-2(b)
9. Belmont City Code sec. 32-4(a)
10. Belmont City Code sec. 32-4(b)
11. Lab. Code sec. 2810.5
12. Belmont City Code sec. 32-7
13. Belmont City Code secs. 32-5(c), 32-8
14. Belmont City Code sec. 32-8(b)
15. Belmont City Code sec. 32-6; City of Belmont Minimum Wage Information For Employers and Employees (Information Bulletin)
16. Belmont City Code sec. 32-6(b)