The city of Richmond (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 Richmond minimum wage).1
You can find more information regarding the MWO on the city's website. You may also contact the Employment and Training Department by calling (510) 307-8011.
You can find the current Richmond minimum wage on the city's website.
A covered employee (employee) under the MWO is any employee who:
You may reduce the wage paid employees by up to $1.50 per employee, if you provide employees a medical benefit plan. The medical benefit plan must allow employees “to receive employer-compensated care from a licensed physician.”4
Employees cannot waive their right to receive at least the Richmond minimum wage, except through a valid collective bargaining agreement.5
You do not need to pay the Richmond minimum wage to individuals who are not entitled to the state minimum wage. For more information on these types of employees, see Minimum Wage.
The MWO requires you to post an official, city-provided notice, specifying the minimum wage and describing employee rights. The city will publish this notice in all languages spoken by more than 5 percent of the workforce in the city. You must post the notice, in all languages spoken by at least five percent of the employees at the workplace or job site in a conspicuous place at all locations where employees work.6
In addition, you must display the California Minimum Wage Order, which can be found on CalChamber’s California and Federal Labor Law posters.
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.7 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 allowed to access these records with appropriate notice and at a mutually agreeable time.8
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 Richmond Employment and Training Department (the department).9
The department may conduct investigations and take administrative actions to enforce the MWO. If the department conducts an investigation into whether the employer violated the MWO, the employer may be required to post a notice on a form provided by the department informing employees of the investigation.10
The department may issue an administrative citation with a fine of up to $50 per day for each employee to whom the violation occurred.11 The city also has the authority to take other enforcement actions, such as revoking or suspending permits or licenses held or requested by the employer, until the violation is remedied.12
In addition, the department, aggrieved employees, entities acting on behalf of a member who is an aggrieved employee, or persons or entities acting on behalf of the public may file a civil lawsuit for any violation of the MWO.13
Remedies for violations of the MWO may include: reinstatement; back pay; penalties of $50 owed to each employee for each day that the violation occurred in addition to the fines; interest on wages owed; reimbursement of the city’s administrative costs of enforcement; and attorneys’ fees and costs14
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 against retaliation.15 For example, employees have the right to complain to their employer that they are not being paid the Richmond minimum wage; file formal complaints; inform other employees of their right to the Richmond 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, the employer’s action will be presumed to be retaliatory. The employer will have to offer evidence to rebut this presumption.16
1. Richmond Mun. Code sec. 7.108.040
2. Richmond Mun. Code sec. 7.108.040(A)(2), (3)
3. Richmond Mun. Code secs. 7.108.030(C), 7.108.040(A)
4. Richmond Mun. Code sec. 7.108.040(A)(5)
5. Richmond Mun. Code sec. 7.108.050
6. Richmond Mun. Code sec. 7.108.060(A), (B)
7. Lab. Code sec. 2810.5
8. Richmond Mun. Code sec. 7.108.060(C)
9. Richmond Mun. Code secs. 7.108.030(B), 7.108.090(A)
10. Richmond Mun. Code secs. 7.108.080(B), 7.108.090(A), (C)
11. Richmond Mun. Code sec. 7.108.090(C)(1)
12. Richmond Mun. Code sec. 7.108.090(F)
13. Richmond Mun. Code sec. 7.108.090(D)
14. Richmond Mun. Code sec. 7.108.090(G)
15. Richmond Mun. Code sec. 7.108.070
16. Richmond Mun. Code sec. 7.108.070