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The city of Los Altos (the city) enacted a minimum wage ordinance (the MWO) that requires you to pay any employee who works at least two hours in one calendar week within the geographic boundaries of the city at the local minimum wage rate (the Los Altos minimum wage).
The MWO applies to your business if it is subject to Los Altos’ business license requirements or if you maintain a business facility in Los Altos.1 Most businesses are subject to the license requirements, even if the business is conducted exclusively by mail or telephone.2 If you conduct any business in Los Altos, even if you do not have an office or facility there, the MWO likely applies to your business.3
You can find more information regarding the MWO on the city's website. You may contact the city at (650) 947-2620 or email info@losaltosca.gov.
You can find the current Los Altos minimum wage on the city's web site.
A covered employee (employee) under the MWO is any employee who:
You must pay employees at least the Los Altos minimum wage for each hour worked in the city. The Los Altos minimum wage applies to employees working in the city, regardless of where the employer is located or whether the employee is a Los Altos resident.5
You may count commissions or guaranteed gratuities, not including discretionary tips, paid to employees with their compensation toward the minimum wage. The hourly wage, including the commission or guaranteed gratuities, must not be less than the Los Altos minimum wage.6
You may also reduce the wages paid employees to offset the cost for housing and meals, if those offsets are otherwise permitted under state law.7 There must be a prior voluntary agreement between you and the employee for the offset to be allowed. For more information, see Meals and Lodging.
Employees cannot waive their right to receive at least the Los Altos minimum wage, except through a valid collective bargaining agreement.8
You do not need to pay the Los Altos minimum wage to individuals who are not entitled to the state minimum wage.9 For more information on these types of employees, see Minimum Wage.
The MWO requires you to post official, city-provided notices specifying the minimum wage and describing employee rights under the MWO. The city has issued two official notices that must be posted: the Minimum Wage notice and the Los Altos Workers Know Your Rights notice. The city has issued the notices in the top three languages spoken in the city (English, Spanish and Chinese), which you must display. The notices must be posted in a conspicuous place at all locations where employees work.10
In addition, you must display the California Minimum Wage Order, which can be found on CalChamber’s California and Federal Labor Law posters.
At the time of hire, you must provide employees your company's name, address and telephone number in writing.11
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 MWO.12 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.13
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.
The MWO is enforced by the city,14 which has identified the San Jose Office of Equality Assurance to investigate possible violations of the MWO.15 The Office of Equality Assurance also enforces minimum wage ordinances for the cities of Belmont, Palo Alto, Redwood City, San Jose, San Mateo, Santa Clara, and Sunnyvale.
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.16 The city is required to make every effort to resolve complaints informally before initiating an enforcement action.17
If the city determines that an employer violated the MWO, the city may issue an administrative citation and a fine of up to $50 for each day, or part of a day, and for each employee or person whose rights under the MWO were violated.18 The city may also take other enforcement actions, such as revoking or suspending your permits or licenses until the violation is remedied.19
In addition, aggrieved employees, the city, an entity acting on behalf of a member who is an aggrieved employee, or an entity or person acting on behalf of the public may file a civil lawsuit for any violation of the MWO.20
Remedies for violations of the MWO may include: reinstatement; back pay; penalties of $50 per day owed to each employee for each day that the violation occurred in addition to fines; interest on wages owed; reimbursement of the city’s administrative costs of enforcement; and attorneys’ fees and costs.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.
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 Los Altos minimum wage, file formal complaints, inform other employees of their right to the Los Altos minimum wage, or 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.23
1. Los Altos Mun. Code secs. 3.50.030C, 3.50.040
2. Los Altos Mun. Code sec. 4.04.050
3. Los Altos Mun. Code sec. 4.04.440
4. Los Altos Mun. Code sec. 3.50.040B
5. Los Altos Mun. Code secs. 3.50.030B, 3.50.04A
6. Los Altos Mun. Code sec. 3.50.040C
7. Los Altos Mun. Code sec. 3.50.040D
8. Los Altos Mun. Code sec. 3.50.050
9. Los Altos Mun. Code secs. 3.50.030B(2), 3.50.040A
10. Los Altos Mun. Code sec. 3.50.060A, B
11. Los Altos Mun. Code sec. 3.50.060B
12. Lab. Code sec. 2810.5
13. Los Altos Mun. Code sec. 3.50.060C
14. Los Altos Mun. Code sec. 3.05.080A
15. See the city of Los Altos Minimum Wage Ordinance webpage for additional information.
16. Los Altos Mun. Code sec. 3.50.080B
17. Los Altos Mun. Code sec. 3.50.080D
18. Los Altos Mun. Code sec. 3.50.090A
19. Los Altos Mun. Code sec. 3.50.090D
20. Los Altos Mun. Code sec. 3.50.090B
21. Los Altos Mun. Code sec. 3.50.090E
22. Los Altos Mun. Code sec. 3.50.070A
23. Los Altos Mun. Code sec. 3.50.070B