Our Areas of Practice
San Jose Minimum Wage Attorney
A minimum wage is a right. Employers are required to comply with federal, state, and local laws. Local wage ordinances were created to better address the wage necessary to live in that region, though, admittedly, not perfect for the Bay Area.
In San Jose, employees are entitled to receive a higher minimum wage, outlined below, than the established California Minimum wage. Often times, employers will take advantage of their employees by mischaracterizing them as an independent contractor or as being a salary-exempt employee. Other times, the employer is more direct with their agenda and refuse to pay the employee for all hours they work or at the proper, San Jose minimum wage. despite the reason, when an employer fails to pay the applicable San Jose minimum wage it has committed wage theft and the employee could be owed thousands in unpaid wages, penalties, and other money damages!
San Jose Minimum Wage Requirements
January 1, 2021
January 1, 2019
January 1, 2020
January 1, 2018
Q: How do employers fail to pay employees the San Jose Minimum Wage?
A: Yes. The San Jose Minimum Wage Ordinance covers "employer who [is] subject to the San Jose Business License Tax or who maintain[s] a facility in San Jose must pay to each employee who performs at least two (2) hours of work per week in San Jose wages."
A: There are a number of ways! The common scenarios include:
Outright refusal to do so
Misclassification as an independent contractor
Mischaracterization as a salary-exempt employee
Failing to pay employees for all hours worked
Q: My employer is not physically located in San Jose, but I still perform my work there. Am I still covered?
Frequently Asked Questions
California Minimum Wage Requirements
- $13 / hr (25 or fewer employees)
$14 / hr (26 or more employees)
- $12 / hr (25 or fewer employees)
$13 / hr (26 or more employees)
- $11 / hr (25 or fewer employees)
$12 / hr (26 or more employees)
- $10.50 / hr (25 or fewer employees)
$11 / hr (26 or more employees)
- $10 / hr (25 or fewer employees)
$10.50 / hr (26 or more employees)