Who must post the San Carlos, California Minimum Wage Poster?
Every employer must post in a conspicuous place at any workplace or job site where any employee works the current San Carlos, California Minimum Wage Poster announcing the adjusted minimum wage rate for the upcoming 12-month period. (Muni. Code § 8.10.040) Failure to post the notice constitutes a violation of the law. In addition to posting the official notice, employers are also required to give written notification to each current employee, and to each new employee at time of hire, of his or her rights under the Minimum Wage Ordinance.
What is the applicable minimum wage rate?
On January 1, 2021, the minimum wage rate is $15.24 per hour, tips or gratuities not included. The City’s minimum wage rate is adjusted every year based on the prior year’s increase in the Consumer Price Index, up to a maximum of 3.5%. An employer may not use fringe benefits such as health insurance, vacation, sick leave or other benefits to offset or use as a credit towards the employer’s obligation to pay the City minimum wage.
Who is covered?
- Employers: The law requires every employer to pay their employees no less that the minimum wage rate set forth in the City’s Minimum Wage Ordinance. “Employer” means any person, including corporate officers or executives, who directly or indirectly through any other person, including through the services of a temporary employment agency, staffing agency, or similar entity, employs or exercises control over the wages, hours or working conditions of any employee and who is either subject to the City’s business registration requirements or who maintains a business facility in the City.
- Employees: The minimum wage rate applies to any employee who performs at least two hours of work in a particular week within the geographic boundaries of the City of San Carlos. All workers in the city of San Carlos, whether or not they are legally authorized to work in the United States, must be paid the minimum wage as set forth in the Ordinance. An employee who is a “learner” (as defined in California IWC 4-2001) must be paid no less than 85% of the applicable Minimum Wage for the first 160 hours of employment.
How are employees protected?
- It is illegal to retaliate against any persons for exercising their rights protected under the Ordinance. Employees have the right to report any violation of the Ordinance to the City’s enforcement provider, the City of San Jose Office of Quality Assurance. The City will investigate possible violations and may take enforcement action including reinstatement of the employee, payment of back wages, and civil penalties.
- Employees also have the right to file a civil lawsuit against their employers for any violation of the Ordinance.
- Questions about the minimum wage should be directed to the City Manager’s Office at the number provided on the San Carlos, California Minimum Wage Poster. Complaints should be directed to the City of San Jose Office of Equality Assurance at the number provided. Additional resources are available at the web address provided.