- All employers regardless of where they are located must pay the Berkeley Minimum Wage Rate and provide Paid Sick Leave that meets the mandatory minimums set by local law to employees who perform at least two (2) hours of work within the geographic limits of the City of Berkeley.
- Minimum Wage – The Notice reflects incremental wage rate increases effective on Oct. 1, 2016, October 1, 2017, and October 1, 2018. Thereafter, the minimum wage will increase annually based on the annual increase in the Consumer Price Index (CPI). The poster also informs employees of the local law regarding service charges for food service and hospitality businesses.
- Paid Sick Leave – Paid sick leave amendments to the Minimum Wage Ordinance go into effect beginning October 1, 2017. Employees can accrue one hour of paid sick leave for every 30 hours worked. For employees of small businesses, there is an annual cap of 48 hours of accrued paid sick leave. For employees of other employers, there is a cap of 72 hours of accrued paid sick leave. Employees may use paid sick leave for illnesses or medical care for themselves or to care for a close family member with health-related needs.
Posting and Recordkeeping
Under the City’s Minimum Wage Ordinance, employers must:
- Post the City’s official Minimum Wage Notice. The Notice must be posted in any language spoken by at least 5% of the employees at the workplace or job site;
- Provide employees with the employer’s name, address and telephone number in writing at the time of hire;
- Retain payroll records for a period of 4 years; and
- Allow City officials access to payroll records to monitor employer compliance.
Failure to post the Minimum Wage Notice may result in a $500 fine.