You can find more information regarding the MWO on the city's website. You may also contact the city by phone at (510) 583-5540 or by email at Minimum.Wage@Hayward-ca.gov.

Minimum Wage Rate

The schedule of minimum wage increases is different depending upon employer size and whether an employer is considered a “Large Business” or a “Small Business.”2

For purposes of the MWO, the number of employees includes full-time, part-time or temporary employees (including those made available through a staffing agency or similar entity), regardless of where the employees are located.3

Large Businesses (Employers With 26 or More Employees)

• Effective January 1, 2026, the Hayward minimum wage for employers with 26 or more employees is $17.79 per hour, up from the 2025 rate of $17.36 per hour.4 This increase and future annual increases are tied to the regional Consumer Price Index, not to exceed 5 percent.

Small Businesses (Employers With 25 or Fewer Employees)

• Effective January 1, 2026, the Hayward minimum wage for employers with 25 or fewer employees is $16.90 per hour, up from the 2025 rate of $16.50 per hour.6

• The Hayward minimum wage rate for large businesses 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 Hayward 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 a calendar week within the geographic boundaries of Hayward for an employer, whether full or part-time; and
• Is entitled to payment of a California minimum wage.8

The Hayward minimum wage applies to employees working in Hayward, regardless of where the employer is located or whether the employee is a Hayward resident.9

Employees cannot waive their right to receive at least the Hayward minimum wage, except through a valid collective bargaining agreement, and in clear and unambiguous terms.10

You do not need to pay the Hayward minimum wage to individuals who are not entitled to the state minimum wage.11 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 Local Minimum Wage Frequently Asked Questions (FAQs) page.

Exemptions

State, federal and county agencies, including public school district employers are not required to pay minimum wage when the work performed is related to their governmental function. However, minimum wage must be paid for work not related to an agency’s governmental function, including but not limited to, booster or gift shops, non-K-12 cafeterias or on-site concessions and similar operations. 12

Employees who are standing by or on-call according to criteria established by the Fair Labor Standards Act (FLSA) are not required to be paid the local minimum wage; however this exemption only applies during the time the employee is actually standing by or on-call. 13

Additionally, certain auxiliary organizations supporting community and state colleges are exempt from the ordinance. 14

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 notice must be posted in a conspicuous place at any workplace or job site where any employee works.15 The notice must be in the top three languages spoken in the city based on the latest census information for the city.

• Hayward Minimum Wage Poster

Also, 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, and annually, you must provide employees a written notice with your company’s name, address and telephone number.16

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.17 More information about the notice can be found on the HR Library's New Employee Orientation page.

You also are required to retain payroll records pertaining to employees for a period of four years. You must provide allow the city to access these records with appropriate notice and at a mutually agreeable time.18

If you do not keep adequate records documenting wages paid, or you do not allow reasonable access to such records, the employee’s account of how much they were paid will be presumed to be accurate. You will have to offer clear and convincing evidence to establish otherwise.19

Enforcement

The MWO is enforced by the city. The city may conduct investigations, take administrative actions to enforce the MWO, as well as make efforts to resolve complaints informally.20

In addition, aggrieved employees or the city may file a civil lawsuit for any violation of the MWO.21

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.22

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.23 For example, employees have the right to complain to their employer that they are not being paid the Hayward minimum wage; file formal complaints; inform other employees of their right to the Hayward 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.24

1. Hayward Mun. Code secs. 6-15.11; 6-15.12(a)

2. Hayward Mun. Code secs. 6-15.11; 6-15.12

3. Hayward Mun. Code sec. 6-15.11

4. Hayward Mun. Code sec. 6-15.12(c)

5. Hayward Mun. Code sec. 6-15.12(c)

6. Hayward Mun. Code sec. 6-15.12(b)

7. Hayward Mun. Code sec. 6-15.12(b)

8. Hayward Mun. Code sec. 6-15.11

9. Hayward Mun. Code sec. 6-15.11; also see Local Minimum Wage FAQs

10. Hayward Mun. Code sec. 6-15.14

11. Hayward Mun. Code sec. 6-15.11

12. Hayward Mun. Code sec. 6-15.13(a)

13. Hayward Mun. Code sec. 6-15.13(b)

14. Hayward Mun. Code sec. 6-15.13(c)

15. Hayward Mun. Code sec. 6-15.15(b)

16. Hayward Mun. Code sec. 6-15.15(b)

17. Cal. Lab. Code sec. 2810.5

18. Hayward Mun. Code sec. 6-15.15(c)

19. Hayward Mun. Code sec. 6-15.15(c)

20. Hayward Mun. Code secs. 6-15.17; 6-15.18

21. Hayward Mun. Code sec. 6-15.18(b)

22. Hayward Mun. Code sec. 6-15.18(b), (e)

23. Hayward Mun. Code sec. 6-15.16

24. Hayward Mun. Code sec. 6-15.16(b)