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The city of Burlingame (the city) enacted a minimum wage ordinance (the MWO) that requires you to pay any employee who works within the geographic boundaries of the city of Burlingame at the local minimum wage rate (the Burlingame minimum wage), for each hour worked in Burlingame.1
You can find more information regarding the MWO on the city's website. You may also contact the city’s Economic Development Division by phone at (650) 558-7264, or by email at EconomicDevelopment@burlingame.org.
You can find the current Burlingame 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 Burlingame minimum wage for each hour worked in Burlingame, not including tips or gratuities.4 The Burlingame minimum wage applies to employees working in Burlingame, regardless of where the employer is located or whether the employee is a Burlingame resident.5
Employees cannot waive their right to receive at least the Burlingame minimum wage, except through a valid collective bargaining agreement.6
You may not reduce the hourly wage to any employee or increase charges to employees for parking, meals, uniforms or other items.7
You do not need to pay the Burlingame minimum wage to individuals who are not entitled to the state minimum wage.8 For more information on these types of employees, see the HR Library's Minimum Wage.
You can find additional information regarding application of the MWO on the city’s Frequently Asked Questions page.
The MWO includes “learners” under California law. Under the MWO, an employee who is a “learner” of any age, must be paid at least 85 percent of the applicable Burlingame minimum wage for the first 160 hours of employment. You must pay the full applicable Burlingame minimum wage for every hour worked beyond 160 hours.9
The MWO requires you to post official, city-provided notice specifying the minimum wage and describing employee rights under the MWO. The notice must be posted in a conspicuous place at any workplace or job site where any employee works.10 In addition to posting the notice prominently at each workplace or job site, you must provide a copy of the written notice to each current employee and to each new employee within one week of hire.11
Also, 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, and annually, you must provide employees a written notice with your company’s name, address and telephone number.12
State law also requires you to provide 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.13 More information about the notice can be found on the HR Library's New Employee Orientation page.
You also are 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 or the employee’s representative a copy of these records upon reasonable request.14
The MWO is enforced by the city. The city may conduct investigations and take administrative actions to enforce the MWO. Alternatively, the city may elect to contract for enforcement services with a third party.15
In addition, aggrieved employees or the city may file a civil lawsuit for any violation of the MWO.16
Remedies for violations may include: reinstatement; back pay; penalties of $50 owed to each employee for each day that 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 $50 for each employee whose rights were violated, for each day that the violation occurred. This is in addition to the penalties payable to employees.17
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.18 For example, employees have the right to complain to their employer that they are not being paid the Burlingame minimum wage; file formal complaints; inform other employees of their right to the Burlingame minimum wage; or to assist other employees in asserting their rights.
If an employer takes adverse action against an employee within 120 days after the employee asserted rights protected by the MWO, it will be presumed the action was a retaliatory and unlawful discharge. The employer will have to offer clear and convincing evidence of just cause for such discharge.19
1. Burlingame Mun. Code secs. 6.10.010(c), (d); 6.10.020(a)
2. Burlingame Mun. Code sec. 6.10.020(b), (c)
3. Burlingame Mun. Code secs. 6.10.010(c), (d); 6.10.020(a)
4. Burlingame Mun. Code sec. 6.10.020(e)
5. Burlingame Mun. Code secs. 6.10.010(c), (d); 6.10.020(a); also see Local Minimum Wage Frequently Asked Questions (FAQs)
6. Burlingame Mun. Code sec. 6.10.060
7. Burlingame Mun. Code sec. 6.10.050(d)(2)
8. Burlingame Mun. Code secs. 6.10.010(c), (d); 6.10.020(a)
9. Burlingame Mun. Code secs. 6.10.010(c); 6.10.020(d)
10. Burlingame Mun. Code sec. 6.10.030(b)
11. Burlingame Mun. Code sec. 6.10.030(b)
12. Burlingame Mun. Code sec. 6.10.030(b)
13. Cal. Lab. Code sec. 2810.5
14. Burlingame Mun. Code sec. 6.10.050(e)
15. Burlingame Mun. Code sec. 6.10.050(a)
16. Burlingame Mun. Code sec. 6.10.050(b)
17. Burlingame Mun. Code sec. 6.10.050(c)
18. Burlingame Mun. Code sec. 6.10.050(d)
19. Burlingame Mun. Code sec. 6.10.050(d)(1)