The component is not available at this moment. Please contact the site administrator.
The city of Oakland (the city) enacted a minimum wage ordinance (the MWO) that requires you to pay any employee who works at least two hours in one particular week within the geographic boundaries of the city at the local minimum wage rate (the Oakland minimum wage).1
You can find more information regarding the MWO on the city's website, including Minimum Wage Information for Employers. You may also call the city at (510) 238-6258 or email minwageinfo@oaklandca.gov.
You can find the current Oakland minimum wage on the city's website.
A covered employee (employee) under the MWO is any employee who:
You must pay employees at least the Oakland minimum wage for each hour worked in Oakland. The Oakland minimum wage applies to employees working in Oakland, regardless of where the employer is located or whether the employee is an Oakland resident. You may not increase charges to non-management employees for parking, meals, uniforms, or other items, or decrease benefits to employees to pay for the costs of the increased hourly wage imposed by this MWO.4 Employees cannot waive their right to receive at least the Oakland minimum wage, except through a valid collective bargaining agreement.5
You do not need to pay the Oakland minimum wage to individuals who are not entitled to the state minimum wage.6 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.
The MWO requires you to provide written notification to all employees, at the time of hire, of the minimum wage and their rights. The notification must also be displayed prominently at the worksite.7 When the poster changes for new minimum wage rates for January 1, the city requires you to post the poster by December 15 of the previous year. The notice must be in all languages spoken by more than 10 percent of your employees. The city has published sample notices which comply with the notification requirements.
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 with written notification of their rights under the ordinance.8
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.9 More information about the notice can be found at New Employee Orientation.
You also are required to retain a record of each employee’s name, hours worked, pay rate, Paid 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.10 You must permit the city to access worksites and relevant records for compliance monitoring and investigation.11 Relevant records include personnel files, payroll records, wage records, schedules, sign-in and sign-out records, paid time off records, handbooks, and/or written policies, postings and procedures.
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.
The MWO is enforced by the city of Oakland.12
The city may conduct investigations and take administrative action to enforce the MWO. If the city determines that an employer has violated the MWO, the city may issue an administrative citation and award the same relief as a court may award. The city may also consider an employer's record of noncompliance with the Ordinance in decisions on city contracts, land use approvals and other entitlements to expand or operate within the city.13
Aggrieved employees or the Oakland city attorney’s office may file a civil lawsuit for any violation of the MWO and may be entitled to the remedies listed above.14
Remedies for violation of the MWO include: back pay, reinstatement, witness fees and expenses, and attorneys’ fees and costs. Additionally, if it is determined that an employer negligently or intentionally violated the MWO, the court may award civil penalties of up to $1,000 for each violation.15
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.
Employees who assert their rights under the MWO are protected from retaliation.16 For example, employees have the right to complain to their employer that they are not being paid the Oakland minimum wage; file formal complaints, inform other employees of their right to the Oakland minimum wage; or to assist other employees in asserting their rights.
An employer may not discharge an employee within 120 days after the employer was notified that the employee asserted rights protected by the MWO, unless the employer is able to show just cause for the discharge.
1. Oakland Mun. and Planning Codes secs. 5.92.010, 5.92.020(A)
2. Oakland Mun. Code sec. 5.92.020(B)
3. Oakland Mun. Code secs. 5.92.010, 5.92.020(A)
4. Oakland Mun. Code sec. 5.92.050(A)(2)
5. Oakland Mun. Code sec. 5.92.050(B)
6. Oakland Mun. Code secs. 5.92.010, 5.92.020(A)
7. Oakland Mun. Code sec. 5.92.050(D)
8. Oakland Mun. Code sec. 5.92.050(D)
9. Lab. Code sec. 2810.5
10. Oakland Mun. Code sec. 5.92.050(C)
11. Oakland Mun. Code sec. 5.92.050(E)
12. Oakland Mun. Code sec. 5.92.050(F)
13. Oakland Mun. Code sec. 5.92.050(F)
14. Oakland Mun. Code sec. 5.92.050(G)
15. Oakland Mun. Code sec. 5.92.050(G)
16. Oakland Mun. Code sec. 5.92.050(A)(1)