Who is covered?
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 ordinance to employees who perform at least two (2) hours of work within the geographic limits of the City of Berkeley. Temporary workers furnished by an employment or staffing agency are also covered by the law. Employers with workers who perform the hourly minimum within City limits must post the Berkeley Minimum Wage, Paid Sick Leave & Family Friendly Poster in the workplace.
- Minimum Wage Ordinance – The Notice reflects incremental wage rate increases effective on July 1, 2020, July 1, 2021, and the formula for calculating the July 1, 2022 minimum wage rate. The poster also informs employees of the local law regarding tips, gratuities and service charges for food service and hospitality businesses.
- Paid Sick Leave Ordinance- Employees can accrue one hour of paid sick leave for every 30 hours worked and can be used after thirty days of employment. 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.
- Berkeley Family Friendly and Environment Friendly Workplace Ordinance gives employees the right to ask for a flexible or predictable work schedule.
- Employees may report violations of the law to the City. The City may investigate and order appropriate remedies.
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.