The MWO applies to employers that are either subject to the city’s business license requirements, conduct business in Menlo Park or maintain a business facility in the city. Employers located in unincorporated Menlo Park are not subject to the ordinance.2

You can find more information regarding the MWO on the city's webpage. You may also contact the Assistant to the City Manager/City Clerk Judi Herren by phone at (650) 330-6621 or by email at jaherren@menlopark.org.

Minimum Wage Rate

• Effective January 1, 2026, the Menlo Park minimum wage for most employees is $17.55 per hour, up from the 2025 rate of $17.10 per hour.3 This year's increase and future annual increases are tied to the Regional Consumer Price Index, up to 3 percent.

• The Menlo Park 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, 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 Menlo Park 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 Menlo Park, whether full or part-time; and
• Is entitled to payment of a California minimum wage.4

You must pay employees at least the Menlo Park minimum wage for each hour worked in Menlo Park. The Menlo Park minimum wage applies to employees working in Menlo Park, regardless of where the employer is located or whether the employee is a Menlo Park resident.5 Employees cannot waive their right to receive at least the Menlo Park minimum wage, except through a valid collective bargaining agreement.6

You do not need to pay the Menlo Park minimum wage to individuals who are not entitled to the state minimum wage.7 For more information on these types of employees, see the HR Library's Minimum Wage page.

The MWO includes “learners” under California law. For the first 160 hours of employment, you do not have to pay the full Menlo Park minimum wage to certain learners, as specified in Labor Code section 1192. You must pay the full applicable Menlo Park minimum wage for every hour worked beyond 160 hours.8

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.9

Additionally, certain auxiliary organizations supporting community and state colleges are exempt from the ordinance.10

Posting, Notice and Recordkeeping Requirements

The MWO requires you to post the 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.11 The notice must be in any language spoken by at least 5 percent of the employees at the workplace or job site. 12

• Menlo Park 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.13

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.14 For more information about this notice, see 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 allow the city access to the records with appropriate notice and at a mutually agreeable time.15

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.16

Enforcement

The MWO may be enforced by the city or any agency designated by the city to perform various investigative, enforcement and informal resolution functions.17 The city or any designated agency may conduct investigations and take administrative actions to enforce the MWO.18

In addition, aggrieved employees may file a civil lawsuit for any violation of the MWO.19

Remedies for violations may include: reinstatement, back pay, penalties of $50 owed to each employee for each day or portion of the 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 addition to the penalties payable to employees.20

If repeated violations are determined, the city may require the employer to post public notice of the employer’s failure to comply in a form determined by the city.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 Menlo Park minimum wage; file formal complaints; inform other employees of their right to the Menlo Park 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. Menlo Park Municipal Code secs. 5.76.020(b),(c); 5.76.030(a)

2. Menlo Park Municipal Code sec. 5.76.020(c); also see the city of Menlo Park Local Minimum Wage Ordinance webpage

3. Menlo Park Municipal Code sec. 5.76.030(b)

4. Menlo Park Municipal Code secs. 5.76.020(b), (c)); 5.76.030(a)

5. Menlo Park Municipal Code secs. 5.76.020(b), (c); 5.76.030(a)

6. Menlo Park Municipal Code sec. 5.76.050

7. Menlo Park Municipal Code secs. 5.76.020(b)(2), 5.76.030(a)

8. Menlo Park Municipal Code sec. 5.76.040(c)

9. Menlo Park Municipal Code sec. 5.76.040(a)

10. Menlo Park Municipal Code sec. 5.76.040(b)

11. Menlo Park Municipal Code sec. 5.76.060(a), (b)

12. Menlo Park Municipal Code sec. 5.76.060(b)

13. Menlo Park Municipal Code sec. 5.76.060(b)

14. Cal. Lab. Code sec. 2810.5

15. Menlo Park Municipal Code sec. 5.76.060(c)

16. Menlo Park Municipal Code sec. 5.76.060(c)

17. Menlo Park Municipal Code sec. 5.76.090

18. Menlo Park Municipal Code sec. 5.76.090(a)

19. Menlo Park Municipal Code secs. 5.76.090(a)(3), 5.76.090(b)

20. Menlo Park Municipal Code secs. 5.76.090(a)(1), 5.76.090(e)(1)

21. Menlo Park Municipal Code sec. 5.76.090(f)

22. Menlo Park Municipal Code sec. 5.76.070

23. Menlo Park Municipal Code sec. 5.76.070(b)