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The city of El Cerrito (the city) enacted a Minimum Wage Standards Ordinance (the MWSO) that requires you to pay any employee who works at least two hours in one particular week within the geographic boundaries of the city at the local minimum wage rate (the El Cerrito minimum wage). The MWSO applies to you if you conduct business in El Cerrito, or maintain a business facility in El Cerrito.1
You can find more information regarding the MWSO on the city's website. You can also contact El Cerrito City Manager’s Office by phone at (510) 215-4318 or by email at wages@ci.el-cerrito.ca.us.
You can find the current El Cerrito minimum wage on the city's website.
A covered employee (employee) under the MWSO is any employee who:
One “particular week” means any seven consecutive days, “starting with the same calendar day each week beginning at any hour on any day, so long as it is fixed and regularly occurring.”4
You must pay employees at least the El Cerrito minimum wage for each hour worked in El Cerrito. This does not include tips and gratuities.5 The El Cerrito minimum wage applies to employees working in El Cerrito, regardless of where the employer is located or whether the employee is an El Cerrito resident.
Employees cannot waive their right to receive at least the El Cerrito minimum wage, except through a valid collective bargaining agreement. 6
If you pay employees on a commission basis, you may count the amount of commissions paid to employees with their compensation, toward the El Cerrito minimum wage.7
Where state law requires that an employee be paid a wage using a formula based on the California minimum wage, such as for workers who supply their own hand tools and equipment, the MWSO requires you to use the El Cerrito minimum wage instead.8
You do not need to pay the El Cerrito minimum wage to individuals who are not entitled to the state minimum wage. For more information on these types of employees, see Minimum Wage.
You can find additional information regarding application of the MWSO on a Frequently Asked Questions webpage.
The MWSO requires you to display an official, city-provided notice specifying the minimum wage and rights of employees. You must display the notice in all languages spoken by at least 10 percent of the employees at each of your business locations. The city will publish this notice in the languages spoken by the top 10 percent of the workforce in the city. The notice must be posted in a conspicuous place at all locations where employees work.9
You must display the California Minimum Wage Order, which can be found on CalChamber’s 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.10
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 non exempt employees that includes this information and meets the obligation under the MWSO.11 More information about the notice can be found at New Employee Orientation.
You also are required to retain specified payroll records pertaining to employees for a period of three years and to provide employees copies of their records within 10 calendar days of a request.12
The city must be permitted access to all relevant payroll records during normal business hours or at a mutually agreeable time with appropriate notice.
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.13
The MWSO is enforced by the city.14 The city may conduct investigations and take administrative actions to enforce the MWSO. If the city investigates whether the employer violated the MWSO, the employer will be required to post a notice on a form provided by the city informing employees of the investigation.15 The city is required to make every effort to resolve complaints informally before initiating an enforcement action.16
If the city determines that an employer violated the MWSO, the city may issue an administrative citation with a fine of up to $500 for failing to post any required notice, maintain payroll records or failing to allow the city access to payroll records. If it is determined that the employer retaliated against an employee, the City may issue a fine of up to $1,000 for each employee retaliated against. The city may also issue a fine in the amount of money owed an employee, including back wages, interest and civil penalty payments.17 For more information, see "Retaliation" on this page. If the city determines that an employer committed repeated violations of the MWSO, the city may require the employer to post a notice of the violations in a form determined by the city.18
In addition, aggrieved employees or the City Attorney may file a civil lawsuit for any violation of the MWSO.19
Remedies for violations of the MWSO may include back pay; reinstatement; penalties of at least $50 owed to each employee for each day or portion of a day that the employee’s rights were violated (in addition to fines); penalties of $100 payable to the city for each employee for each day or portion of a day a violation occurred; interest on wages owed; reimbursement of the city’s administrative costs of enforcement; and attorneys’ fees and costs.20
The California Labor Commissioner also has the authority to investigate and enforce local minimum wage and overtime provisions, including such provisions in the MWSO, 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 against retaliation.21 For example, employees have the right to complain to their employer that they are not being paid the El Cerrito minimum wage; file formal complaints; inform other employees of their right to the El Cerrito 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, the employer’s action will be presumed to be retaliatory. The employer will have to offer evidence to rebut this presumption.
1. El Cerrito Mun. Code secs. 6.95.030, 6.95.040A
2. El Cerrito Mun. Code sec. 6.95.040B
3. El Cerrito Mun. Code sec. 6.95.030
4. El Cerrito Mun. Code sec. 6.95.030
5. El Cerrito Mun. Code sec. 6.95.040A, C
6. El Cerrito Mun. Code sec. 6.95.050
7. El Cerrito Mun. Code sec 6.95.040D
8. El Cerrito Mun. Code sec. 6.95.040E
9. El Cerrito Mun. Code sec. 6.95.060A, B
10. El Cerrito Mun. Code sec. 6.95.060B
11. Lab. Code sec. 2810.5
12. El Cerrito Mun. Code sec. 6.95.060C
13. El Cerrito Mun. Code sec. 6.95.060D
14. El Cerrito Mun. Code sec. 6.95.090
15. El Cerrito Mun. Code sec. 6.95.080C
16. El Cerrito Mun. Code sec. 6.95.080D
17. El Cerrito Mun. Code sec. 6.95.090A, B
18. El Cerrito Mun. Code sec. 6.95.090C
19. El Cerrito Mun. Code secs. 6.95.090E, 6.95.100
20. El Cerrito Mun. Code secs. 6.95.100, 6.95.110
21. El Cerrito Mun. Code sec. 6.95.070