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The city of San Mateo (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 of San Mateo at the local minimum wage rate (the San Mateo minimum wage).1 This MWO does not apply to the unincorporated county of San Mateo, which has its own MWO.
You can find more information regarding the MWO on the city's webpage. You may also contact the city by phone at (650) 522-7277 or by email at minimumwage@cityofsanmateo.org.
You can find the current San Mateo 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 San Mateo minimum wage for each hour worked in San Mateo, not including tips and gratuities. The San Mateo minimum wage applies to employees working in San Mateo, regardless of where the employer is located or whether the employee is a San Mateo resident.4 Employees cannot waive their right to receive at least the San Mateo minimum wage, except through a valid collective bargaining agreement.5 However, this exception does not apply to janitors, landscapers, groundskeepers and security guards, who may not waive their right to receive at least the San Mateo minimum wage.
You may not reduce the hourly wage to any employee or increase charges to 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 the MWO.6
You do not need to pay the San Mateo 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 San Mateo minimum wage to certain learners, but you must pay learners at least 85 percent of the applicable San Mateo minimum wage. You must pay the full applicable San Mateo minimum wage for every hour worked beyond 160 hours.8
Covered employees are entitled to MWO rights regardless of immigration status.
You can find additional information regarding application of the MWO in a Frequently Asked Questions webpage.
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 notices that must be posted: the Minimum Wage notice and the Minimum Wage Information for Employers and Employees notice. The city has issued the notices in English, Spanish and Chinese, which you must display. The notices must be posted prominently in areas of the work site where they will be seen by all employees.9
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.10
State law also requires you to provide the 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.11 More information about the notice can be found on the HR Library's New Employee Orientation page.
You also are required to retain records of each employee's name, hours worked and pay rate for a period of three years. You must provide the employee a copy of these records upon request.12
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.13 The city has identified the city of San Jose's Office of Equality Assurance to investigate possible violations of the MWO.14 The Office of Equality Assurance enforces minimum wage ordinances for the cities of Belmont, Los Altos, Palo Alto, Redwood City, San Jose, Santa Clara and Sunnyvale. The city may conduct investigations and take administrative actions to enforce the MWO.15
In addition, aggrieved employees or the city may file a civil lawsuit for any violation of the MWO.16
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.17
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.18 For example, employees have the right to complain to their employer that they are not being paid the San Mateo minimum wage; file formal complaints; inform other employees of their right to the San Mateo 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.19
1. San Mateo Mun. Code secs. 5.92.010(c), 5.92.020(a)
2. San Mateo Mun. Code secs. 592.010(e), 5.92.020(c), (d)
3. San Mateo Mun. Code sec. 5.92.020(d)
4. San Mateo Mun. Code secs. 5.92.010(c)(1), 5.92.020(a), (f)
5. San Mateo Mun. Code sec. 5.92.060
6. San Mateo Mun. Code sec. 5.92.050(d)(2)
7. San Mateo Mun. Code secs. 5.92.010(c)(2), 5.92.020(a)
8. San Mateo Mun. Code sec. 5.92.020(e)
9. San Mateo Mun. Code sec. 5.92.030(a), (b); see City of San Mateo Minimum Wage Ordinance webpage for additional information.
10. San Mateo Mun. Code sec. 5.92.030(b)
11. Lab. Code sec. 2810.5
12. San Mateo Mun. Code sec. 5.92.050(e)
13. San Mateo Mun. Code sec. 5.92.050(a)
14. See City of San Mateo Minimum Wage Ordinance webpage for additional information.
15. San Mateo Mun. Code sec. 5.92.040
16. San Mateo Mun. Code sec. 5.92.050(a), (b)
17. San Mateo Mun. Code sec. 5.92.050(c)
18. San Mateo Mun. Code sec. 5.92.050(d)
19. San Mateo Mun. Code sec. 5.92.050(d)(1)