The MWO applies to your business if you are subject to the Fremont’s business license requirements or if you maintain a business facility in Fremont.2 If you conduct any business in Fremont, even if you do not have a facility there, the MWO likely applies to your business.

You can find more information regarding the MWO at the city's webpage. You may also contact the city by email at minwage@fremont.gov.

Minimum Wage Rate

• Effective July 1, 2026, the Fremont minimum wage is $18.05 per hour.

Future rate increases will be made annually based on the Regional Consumer Price Index.3

• The Fremont 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 Fremont minimum wage on the city's website.

Coverage and Eligibility

A covered employee (employee) under the MWO is any employee, whether adult or minor, who:

• Performs at least two hours of work in one calendar week in Fremont, whether full or part-time, including employees who are under 18; and
• Is entitled to payment of a California minimum wage or participates in a welfare-to-work program.4

Employees who are employed by a non-profit corporation, and employees who are on-call (according to the criteria established by the Fair Labor Standards Act, 29 U.S.C Section 201), are exempt from the MWO requirements.5 Employees who are on-call are only exempt from the MWO during the time they are actually standing by or on-call.6

You must pay employees at least the Fremont minimum wage for each hour worked in Fremont, not including tips and gratuities.7 The Fremont minimum wage applies to employees working in Fremont, regardless of where the employer is located or whether the employee is a Fremont resident.8 Employees cannot waive their right to receive at least the Fremont minimum wage, except through a valid collective bargaining agreement.9

You do not need to pay the Fremont minimum wage to individuals who are not entitled to the state minimum wage.10 For more information on these types of employees, see the HR Library's Minimum Wage.

Posting, Notice and Recordkeeping Requirements

The MWO requires you to post official, city-provided notice specifying the minimum wage and describing employee rights under the MWO. The city will publish this notice in the top five languages spoken by residents of the city as determined by the City Manager. The notice must be posted prominently in areas of the work site where they will be seen by all employees.11

• Fremont 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 posters.

• 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.12

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.13 For more information, see New Employee Orientation.

You are also required to retain payroll records pertaining to employees for a period of four years. You must allow the city access to the records with appropriate notice and at a mutually agreeable time.14

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. You will have to offer evidence to rebut this presumption.

Enforcement

The MWO is enforced by the city.15

The city may conduct investigations and may take administrative action 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. 16 The city is required to make every effort to resolve complaints informally and in a timely manner, before initiating an enforcement action.17

In addition, aggrieved employees or the city may file a civil lawsuit for any violation of the MWO.18

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.19

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 that the violation occurred. This is in addition to the penalties payable to employees.20 The city also has the authority to take other enforcement actions, such as revoking or suspending your permits or licenses until the violation is remedied.21

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.22 For example, employees have the right to complain to their employer that they are not being paid the Fremont minimum wage; file formal complaints; inform other employees of their right to the Fremont 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, it will be presumed the action was retaliation. The employer will have to offer evidence to rebut this presumption.23

1. Fremont Mun. Code secs. 5.30.030, 5.30.040(a)

2. Fremont Mun. Code sec. 5.05 et seq., 5.30.030

3. Fremont Mun. Code secs. 5.30.040

4. Fremont Mun. Code secs. 5.30.030, 5.30.120

5. Fremont Mun. Code sec. 5.30.050

6. Fremont Mun. Code sec. 5.30.050(b)

7. Fremont Mun. Code secs. 5.30.030, 5.30.040(a); also see Official Bulletin Fremont Minimum Wage

8. Fremont Mun. Code secs. 5.30.030, 5.30.040(a)

9. Fremont Mun. Code sec. 5.30.060

10. Fremont Mun. Code secs. 5.30.030, 5.30.040(a)

11. Fremont Mun. Code sec. 5.30.070(a), (b)

12. Fremont Mun. Code sec. 5.30.070(b)

13. Lab. Code sec. 2810.5

14. Fremont Mun. Code sec. 5.30.070(c)

15. Fremont Mun. Code secs. 5.30.090, 5.30.100

16. Fremont Mun. Code sec. 5.30.090(b), (c)

17. Fremont Mun. Code sec. 5.30.090(d)

18. Fremont Mun. Code sec. 5.30.100(b)

19. Fremont Mun. Code sec. 5.30.100(e)

20. Fremont Mun. Code sec. 5.30.100(a), (e)

21. Fremont Mun. Code sec. 5.30.100(d)

22. Fremont Mun. Code sec. 5.30.080

23. Fremont Mun. Code sec. 5.30.080(b)