Minimum Wage Rate

• Effective July 1, 2025, the Emeryville minimum wage is $19.90 per hour.
Effective July 1, 2026, the Emeryville minimum wage will be $20.34 per hour.

Future rate increases will be made annually based on the Regional Consumer Price Index.2

• The Emeryville 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. 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 Emeryville 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 Emeryville, whether full or part-time; and
• Is entitled to payment of a minimum wage under California law.3

A calendar week is a period of seven consecutive days beginning on Sunday.4 The Emeryville minimum wage applies to employees working in Emeryville, regardless of where the employer is located or whether the employee is an Emeryville resident.

You must pay employees at least the Emeryville minimum wage for each hour worked in Emeryville. This does not include tips and gratuities. You may not deduct the cost of any employee benefit, including health care benefits, from an employee’s wages.5

You also may not reduce the hourly wage paid to any nonexempt employee or increase charges to these employees for parking, meals, uniforms or other items, or decrease benefits to any employee to pay for the costs of the increased hourly wage imposed by the MWO.6

Employees cannot waive their right to receive at least the Emeryville minimum wage, except through a valid collective bargaining agreement.7

Employees who work outside the city but travel through the city without stopping for work purposes are not covered.8

You can pay certain learners 85 percent of the Emeryville minimum wage for the first 160 hours of employment. You must pay the full Emeryville minimum wage for every hour worked beyond 160 hours.9

You do not need to pay the Emeryville minimum wage to employees who are exempt from the state minimum wage (except for the learners identified above).10 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.

Posting, Notice and Recordkeeping Requirements

The MWO requires you to provide written notification to all employees of the minimum wage and their rights.11 Additionally, the notification must be posted prominently at the work site where it will be seen by employees. The notice must be in all languages spoken by 10 percent or more of your employees at a location.12 The city published sample notices that comply with the notification requirements.

• Emeryville Labor Law Poster

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 Posters

At the time of hire, you must provide employees the company name, address and telephone number in writing.13

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 non-exempt employees that includes this information and meets the obligation under the MWO.14 For more information, see New Employee Orientation.

You also are required to retain records of each employee's name, hours worked, pay rate and sick leave accrual and usage, and service charge collection and distribution for a period of three years. You must provide a copy of these records to the employee upon request. You must permit the city to access worksites and relevant records for compliance monitoring and investigation.15

Enforcement

The MWO is enforced by the city.16 If the city determines that an employer violated the MWO, the city may issue an administrative citation with a fine pursuant to the Municipal Code. Under an amendment to the MWO effective November 2, 2017, those fines are specified as follows: a fine of $500 for failure to post or provide proper notices, failure to maintain proper records, or failure to allow the city access to records; a fine of $1000 for each employee retaliated against; and a fine equal to the total amount of remedies (see below).17 The city is required to make every effort to resolve complaints informally before initiating an enforcement action.18

In addition, aggrieved employees or the city may file a civil lawsuit for any violation of the MWO. The party that prevails in the lawsuit is entitled to attorney’s fees and costs.19

Remedies for violations of the MWO may include: reinstatement; back pay with interest; penalties in the amount of $50 to each employee for each day or portion of a day that the violation occurred; and interest on wages owed. Under an amendment to the MWO effective November 2, 2017, remedies may also include; reimbursement of the city’s administrative costs of enforcement, and for repeated violation within a period of July 1 to June 30 of the following year, an additional city-ordered civil penalty payable to the city of $50 per day or portion of a day a violation occurs, for each employee or person whose rights were violated.20

The California Labor Commissioner also has the authority to investigate and enforce local minimum wage and overtime provisions, including 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.21 For example, employees have the right to complain to their employer that they are not being paid Emeryville minimum wage and file formal complaints asserting their rights.

An employer may not discharge an employee within 120 days after the employer was notified that an employee asserted rights protected by the MWO, unless the employer shows just cause for the discharge.22

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1. Emeryville Mun. Code secs. 5-37.01(c), 5-37.02(a)

2. Emeryville Mun. Code sec. 5-37.02(b), (c)(5)

3. Emeryville Mun. Code sec. 5-37.01(c); Minimum Wage Ordinance Regulations, 1.1(a)

4. Emeryville Mun. Code sec. 5-37.01(a)

5. Emeryville Mun. Code sec. 5-37.02(e)

6. Emeryville Mun. Code sec. 5-37.07(d)(2)

7. Emeryville Mun. Code sec. 5-37.07(e)(1)

8. Minimum Wage Regulations 2.3

9. Emeryville Mun. Code sec. 5-37.02(d)

10. Emeryville Mun. Code secs. 5-37.01(c), 5-37.02(a)

11. Emeryville Mun. Code sec. 5-37.05(b)

12. Emeryville Mun. Code sec. 5-37.05(b); Emeryville’s Minimum Wage and Paid Sick Leave Ordinance Frequently Asked Questions (FAQs) (June 30, 2020), General Information, FAQ No. 15

13. Emeryville Mun. Code sec. 5-37.05(b)

14. Lab. Code sec. 2810.5

15. Emeryville Mun. Code sec. 5-37.07(f)-(g)

16. Emeryville Mun. Code sec. 5-37.06(a)

17. Emeryville Mun. Code sec. 5-37.07(a)

18. Emeryville Mun. Code sec. 5-37.06(d)

19. Emeryville Mun. Code sec. 5-37.07(a)(2), (b)

20. Emeryville Mun. Code sec. 5-37.07(c)

21. Emeryville Mun. Code sec. 5-37.07(d)

22. Emeryville Mun. Code sec. 5-37.07(d)(1)