The MWO applies to your business if you are subject to Cupertino’s business license requirements or if you maintain a business facility in Cupertino.1 If you conduct any business in Cupertino, even if you do not have an office or facility there, the MWO likely applies to your business. For example, if you make a sale, take an order or perform any similar business activity within the city, your business meets the business license requirements and must comply with the MWO.2

You can find more information regarding the MWO on the city's website. You may also contact the City Manager’s Office at (408) 777-3212 or email CityManager@cupertino.org.

Minimum Wage Rate

• Effective January 1, 2026, the Cupertino minimum wage is $18.70 per hour, up from the 2025 rate of $18.20 per hour. This year's increase and future annual increases are tied to the Regional Consumer Price Index, not to exceed 5 percent.3

• The Cupertino minimum wage is higher than the standard California state minimum wage but not the state minimum wage rates for the fast food and health care industries, effective April 1, 2024, and October 16, 2024, respectively. You must pay the higher minimum wage to employees eligible for it. For more information on the state minimum wage rates, see the HR Library’s Minimum Wage.

You can find the current Cupertino minimum wage on the city's website.

Coverage and Eligibility

A covered employee (employee) under the MWO is any employee who:

• Performs at least two hours of work in one calendar week in Cupertino, whether full or part time; and
• Is entitled to payment of a California minimum wage or participates in a welfare-to-work program

You must pay employees at least the Cupertino minimum wage for each hour worked in Cupertino. The Cupertino minimum wage applies to employees working in Cupertino, regardless of where the employer is located or whether the employee is a Cupertino resident.4

You may count the amount of commissions or guaranteed gratuities, not including discretionary tips, paid to employees along with their compensation toward the Cupertino minimum wage. The hourly wage, including the commission or guaranteed gratuities, must not be less than the Cupertino minimum wage.5 Employees cannot waive their right to receive at least the Cupertino minimum wage, except through a valid collective bargaining agreement.6

You do not need to pay the Cupertino minimum wage to individuals who are exempt from the state minimum wage. For more information on these types of employees, see Minimum Wage.

You can find additional information regarding application of the MWO in a Frequently Asked Questions document on the city's webpage.

Posting, Notice and Recordkeeping Requirements

The MWO requires you to post an official, city-provided notice specifying the minimum wage and describing employee rights. The city will publish this notice in the top three languages spoken in the city, which you must also display. The notices must be posted in a conspicuous place at all locations where employees work.7

• Cupertino Minimum Wage Poster

In addition, you must display the California Minimum Wage Order, which can be found on CalChamber’s California and Federal Labor Law poster.

• California and Federal Labor Law Poster

At the time of hire, you must provide employees your company's name, address and telephone number in writing.8

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.9 More information about the notice can be found at New Employee Orientation.

You also are required to retain payroll records pertaining to employees for a period of four years. The city must be permitted access to these records with appropriate notice and at a mutually agreeable time.10

If you do not keep adequate records documenting wages paid or you do not allow the city reasonable access to payroll records, the employee’s account of how much they were paid will be presumed to be accurate. The employer will have to offer evidence to rebut this presumption.

Enforcement

The MWO is enforced by the city.11 The city may conduct investigations and take administrative actions to enforce the MWO. If the city investigates whether the employer violated the MWO, the employer will be required to post a notice on a form provided by the city informing employees of the investigation.12 The city is required to make every effort to resolve complaints informally before initiating an enforcement action.13

If the city determines that an employer violated the MWO, the city may issue an administrative citation with a fine of up to $50 for each day and for each employee or person whose rights under the MWO were violated.14 The city also has the authority to take other enforcement actions, such as revoking or suspending permits or licenses, until the violation is remedied.15

In addition, aggrieved employees, the city, entities acting on behalf of a member who is an aggrieved employee, or persons or entities acting on behalf of the public may file a civil lawsuit for any violation of the MWO.16

Remedies for violations of the MWO may include back pay; penalties in the amount of $50 per day owed to each employee for each day that the violation occurred in addition to fines; interest on wages owed; reinstatement, reimbursement of the city’s administrative costs of enforcement and attorneys’ fees and costs.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.

Retaliation

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 Cupertino minimum wage; file formal complaints; inform other employees of their right to the Cupertino minimum wage; or to assist other employees in asserting their rights.

If an employer takes adverse action against an employee within 90 days after the employee asserted rights protected by the MWO, the employer’s action will be presumed to be retaliatory. The employer will have to offer evidence to rebut this presumption.19

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1. Cupertino Mun. Code sec. 3.37.030(c)

2. Frequently Asked Questions, Cupertino Minimum Wage (Frequently Asked Questions), pages 2-3.

3. Cupertino Mun. Code sec. 3.37.040(b)

4. Cupertino Mun. Code sec. 3.37.040(a); Frequently Asked Questions, page 2

5. Cupertino Mun. Code sec. 3.37.040(c)

6. Cupertino Mun. Code sec. 3.37.050

7. Cupertino Mun. Code sec. 3.37.060(a), (b)

8. Cupertino Mun. Code sec. 3.37.060(b)

9. Lab. Code sec. 2810.5

10. Cupertino Mun. Code sec. 3.37.060(c)

11. Cupertino Mun. Code sec. 3.37.090(a)

12. Cupertino Mun. Code sec. 3.37.080(b)

13. Cupertino Mun. Code sec. 3.37.080(d)

14. Cupertino Mun. Code sec. 3.37.090(a)(1)

15. Cupertino Mun. Code sec. 3.37.090(d)

16. Cupertino Mun. Code sec. 3.37.090(a)(3), (b)

17. Cupertino Mun. Code sec. 3.37.090(b)

18. Cupertino Mun. Code sec. 3.37.070(a)

19. Cupertino Mun. Code sec. 3.37.070(b)