Minimum Wage
San Carlos Minimum Wage, Effective January 1, 2023
$16.32 per hour
Minimum Wage Increase Timing
| INCREASE TIMING | HOURLY RATE |
| January 1, 2024 | $16.87 / hour |
| January 1, 2025 and beyond | Previous year plus CPI-U (not rounded) (max 3.5%) |
Official Notice
| YEAR | ENGLISH | SPANISH | CHINESE |
| 2024 | Official Notice | Aviso Oficial | 正式通告 |
In an effort to help working households achieve economic security, the San Carlos City Council adopted a local minimum wage that applies to all employers that maintain a place of business or perform any work or service within San Carlos city limits.
The current minimum wage in San Carlos is $16.87 per hour. Going forward, the minimum wage will be adjusted annually based on the regional Consumer Price Index (CPI-U) to a maximum of 3.5%. Businesses will be notified of the annual change to the minimum wage rate by November 1.
Linked above is the Official Notice for 2024 that must be posted in an area where it can be easily read by employees.
See Chapter 8.10 of the Municipal Code for details.
REPORT A VIOLATION
City of San Jose – Office of Equality Assurance
200 East Santa Clara Street, Fifth Floor, San Jose, CA 95113
(408) 535 - 8430
mywage@sanjoseca.gov
Minimum Wage
The minimum wage in San Carlos is $16.87 per hour effective January 1, 2024. The minimum wage will be adjusted annually on January 1 based on the regional Consumer Price Index (CPI) to a maximum of 3.5%.
The San Carlos City Council adopted an Ordinance to establish a local minimum wage that applies to all employees working in San Carlos. The Ordinance requires employers that maintain a place of business or perform any work/service within San Carlos city limits pay the local minimum wage to its employees. The Ordinance is effective January 1, 2021. All Ordinance details and requirements can be found in Chapter 8.10 of the San Carlos Municipal Code at: www.codepublishing.com/CA/SanCarlos.
City of San Carlos employers are subject to Federal, State and San Carlos minimum wage laws. When there are conflicts in the laws, the employer must follow the strictest standard, meaning that employers must follow the standard that is most favorable to the employee. Since the City of San Carlos’s minimum wage is higher than the State and Federal law, covered employers are required to pay the City’s minimum wage.
Yes, there is no age limit for eligibility for the minimum wage.
An employee who is a Learner, as defined by California Industrial Welfare Commission Order No. 4-2001, shall be paid no less than 85 percent of the applicable minimum wage for the first 160 hour of employment. Thereafter, the employee shall be paid the applicable minimum wage rate.
Yes, the minimum wage applies to any employee who performs at least two hours of work in a calendar week within the geographic boundaries of the City of San Carlos.
Yes, all workers in 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. Wage claims will be processed and investigated without regard to a worker’s immigration status. Workers filing a claim will not be questioned about their immigration status.
Yes, salaried employees are subject to State law. The current law requires a minimum monthly salary of no less than two times the State minimum wage for full-time employment. Additional information is available online at www.labor.ca.gov.
No, the City of San Carlos Minimum Wage Ordinance does not exempt small businesses.
No, non-profit organizations are not exempt from the Minimum Wage Ordinance requirements.
Yes, any person who works for an employer that maintains a facility in the city of San Carlos or provides goods and/or services within the city limits, is eligible to be paid the City’s minimum wage rate.
Employers must post the Minimum Wage Official Notice informing employees of the rate and their rights in the workplace in an area where it can be easily seen by employees. The Official Notice is available in English, Spanish, and Chinese on the City’s website: www.cityofsancarlos.org/minimumwage. It is recommended that employers post the Official Notice and the Frequently Asked Questions in languages spoken by employees.
Employers must provide their name, address and phone number in writing to employees at the time of hire. It is illegal to retaliate against any persons for exercising their rights protected under the Ordinance. Employers must retain payroll records pertaining to employees for a period of three (3) years, and must allow the City or its enforcement service provider to access such records in the event of a violation investigation.
Employers must provide their name, address and phone number in writing to employees at the time of hire. It is illegal to retaliate against any persons for exercising their rights protected under the Ordinance. Employers must retain payroll records pertaining to employees for a period of three (3) years, and must allow the City or its enforcement service provider to access such records in the event of a violation investigation.
The minimum wage will increase annually based on the regional Consumer Price Index (CPI-U) to a maximum of 3.5% of the previous years’ rate. There is no rounding in the calculation of minimum wage for San Carlos. A decrease in the CPI shall not result in a decrease in the minimum wage. The City will notify employers of increases by November 1 each year.
Annual minimum wage calculation:
current year minimum wage x (1+ CPI-U increase from August of the current year) = next year's minimum wage
Annual minimum wage calculation:
current year minimum wage x (1+ CPI-U increase from August of the current year) = next year's minimum wage
No, 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.
No, tips are not considered a part of minimum wage and may not offset the hourly wage.
Yes, any employee who works within the geographic boundaries of the City of San Carlos is subject to the City of San Carlos’s Minimum Wage Ordinance.
No, only employees who work within the geographic boundaries of the City of San Carlos are subject to the City’s minimum wage.
No, employees may not agree to work for less than the City’s minimum wage unless there is a bona fide collective bargaining agreement in place.
Employees have the right to report any violation of the Ordinance to the City’s enforcement provider. The City will investigate possible violations and may take enforcement action including reinstatement of the employee, payment of back wages, and civil penalties. Under the Ordinance, an employer may not retaliate against an employee for making a complaint to the City regarding his/her right to receive the minimum wage specified. Employees also have the right to file a civil lawsuit against their employers for any violation of the Ordinance.
Penalties to the employer for violation of the Ordinance include but are not limited to:
- Payment of back wages unlawfully withheld, and a civil penalty of $50 per day per employee.
- Payment of interest on all due and unpaid wages according to the California Civil Code from the date that the wages were due and payable.
- Reimbursement of the City’s administrative costs of enforcement and reasonable attorney fees.
- Assessment of additional fees as a civil penalty of $50 to the City for each day for each employee whose rights were violated.
If you have questions or need additional information, please contact the City of San Carlos at:
City of San Carlos – City Manager’s Office
600 Elm Street, San Carlos, CA 94070
Phone: (650) 802-4212
Email: citymanager@cityofsancarlos.org
City of San Carlos – City Manager’s Office
600 Elm Street, San Carlos, CA 94070
Phone: (650) 802-4212
Email: citymanager@cityofsancarlos.org
The City of San Carlos contracts with the San Jose Office of Equality Assurance to provide enforcement for the Minimum Wage Ordinance.
To ask a question or report a possible violation, contact:
City of San Jose – Office of Equality Assurance
200 East Santa Clara Street, Fifth Floor, San Jose, CA 95113
Phone: (408) 535-8430
Email: mywage@sanjoseca.gov
To ask a question or report a possible violation, contact:
City of San Jose – Office of Equality Assurance
200 East Santa Clara Street, Fifth Floor, San Jose, CA 95113
Phone: (408) 535-8430
Email: mywage@sanjoseca.gov