What are the major features of the San Diego, CA Minimum Wage Law?
- The San Diego, California Earned Sick Leave and Minimum Wage Law (SDMC Sec. 39.0101-39.0115) requires employers with employees who perform two (2) or more hours of work per week within the geographic boundaries of the City of San Diego to pay their employees at least the City’s minimum wage rate and to provide earned, paid sick leave.
- The minimum wage rate increases incrementally each year until January 1, 2019, and each January 1 thereafter, when the minimum wage rate will increase each year based on increases in the Consumer Price Index.
- Under the law, employers must provide each employee earned sick leave. Employees accrue one (1) hour of paid sick leave for every 30 hours worked within City limits. Employers may limit the use of sick leave to 40 hours (5 days) per year.
- Employees may use paid sick leave for their own health care or to care for a family member with a health condition. Leave may be used to handle matters related to domestic violence, sexual assault or stalking.
Employees who assert their rights under the law are protected from retaliation. An employee whose rights have been violated may file a civil lawsuit against his or her employer or may file a compliant with the City of San Diego Enforcement Office. Any employer that violates any requirement of the law, including posting responsibilities, is subject to penalties.
Notice & Recordkeeping
- San Diego employers must post in a conspicuous place in the workplace or at the job site the City’s Minimum Wage and Earned Sick Leave notices explaining employees’ rights under the City’s Earned Sick Leave and Minimum Wage Law.
- Notice must be posted in English and any other language spoken by at least 5% of the employees at the job site.
- Employers must also provide current employees and new employees with written or electronic notice of the employer’s name, address, telephone number and of their rights under the law. Click the links to access notice templates in English and Spanish.