The city of South San Francisco (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 South San Francisco at the local minimum wage rate (the South San Francisco minimum wage).1
You can find more information regarding the MWO on the city's webpage. You may also contact the City Manager’s Office by phone at (650) 829-6616 or by email at cityinfo@ssf.net.
You can find the current South San Francisco minimum wage on the city's website.
A covered employee (employee) under the MWO is any employee, whether adult or minor, who:
You must pay employees at least the South San Francisco minimum wage for each hour worked in South San Francisco, not including tips and gratuities. The South San Francisco minimum wage applies to employees working in South San Francisco, regardless of where the employer is located or whether the employee is a South San Francisco resident.5 Employees cannot waive their right to receive at least the South San Francisco minimum wage, except through a valid collective bargaining agreement.6
You do not need to pay the South San Francisco 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 South San Francisco minimum wage to certain learners, but you must pay learners at least 85 percent of the applicable South San Francisco minimum wage. You must pay the full applicable South San Francisco minimum wage for every hour worked beyond 160 hours.8
You can find additional information regarding application of the MWO in a Frequently Asked Questions document.
The MWO requires you to post official, city-provided notice specifying the minimum wage and describing employee rights under the MWO. The notice must be posted prominently in areas of each workplace or job site where any employee works, in a location where employees may easily read the rate along with their rights.9 The city will publish notices in the top three (3) languages spoken by residents of the city, but it is your responsibility to ensure that notices are available in any and all languages so that all employees can read and understand them. 10
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.11 For more information about this notice, see 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 at least three years. You must provide the employee a copy of these records upon the employee’s reasonable request.12
The MWO is enforced by the city.13 The city may conduct investigations and take administrative actions to enforce the MWO.14
In addition, aggrieved employees may file a civil lawsuit for any violation of the MWO.15
Remedies for violations may include, but are not limited to: 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.16
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.
While not explicitly covered in the MWO, employees who assert their rights under the MWO are protected from retaliation under California Law.17 For more information, see the HR Library’s Retaliation page.
1. South San Francisco Municipal Code secs. 8.70.020(c), (d); 8.70.030(a)
2. South San Francisco Municipal Code sec. 8.70.030(b)
3. South San Francisco Municipal Code sec. 8.70.030(c)
4. South San Francisco Municipal Code sec. 8.70.020(c)
5. South San Francisco Municipal Code secs. 8.70.020(c), 8.70.030(d); also see Minimum Wage Frequently Asked Questions (FAQs) (November 5, 2019)
6. See Minimum Wage FAQs (November 5, 2019)
7. South San Francisco Municipal Code secs. 8.70.020(c), 8.70.030(a)
8. South San Francisco Municipal Code secs. 8.70.020(x), 8.70.030(x)
9. South San Francisco Municipal Code sec. 8.70.040(b); also see Minimum Wage FAQs (November 5, 2019)
10. South San Francisco Municipal Code sec. 8.70.040(a), (c); also see Minimum Wage FAQs (November 5, 2019)
11. Cal. Lab. Code sec. 2810.5
12. South San Francisco Municipal Code sec. 8.70.060(d)
13. South San Francisco Municipal Code sec. 8.70.060(a)
14. South San Francisco Municipal Code sec. 8.70.060(a)
15. South San Francisco Municipal Code sec. 8.70.060(b)
16. South San Francisco Municipal Code sec. 8.70.060(c)
17. See, e.g., Cal. Lab. Code sec. 1102.5