These California Cities Just Raised The Minimum Wage. Make Sure You’re Getting Paid the Right Amount

The minimum wage went up in several cities across California on Monday, just as inflation keeps elevating the prices of goods and services in an already very expensive place to live. One Bay Area city, Emeryville, has raised its minimum wage to $19.36 an hour, making it the city with the highest minimum wage in the state.

As of July 1, five other cities in the Bay Area also increased their minimum wage:

• Alameda: $17.00 an hour (previously $16.52)
• Berkeley: $18.67 an hour (previously $18.07)
• Fremont: $17.30 an hour (previously $16.80)
• Milpitas: $17.70 an hour (previously $17.20)
• San Francisco: $18.67 an hour (previously $18.07)

In Southern California, several cities also boosted their minimum wage standards, including Los Angeles (now $17.28/hour), Pasadena (now $17.50/hour) and Santa Monica (now $17.27/hour). Other cities, like West Hollywood, only changed the rate for employees in the hotel industry.

If you work in a fast food restaurant, however, you need to be getting paid more. As of April 1, California requires fast food restaurants with more than 60 establishments to pay employees at least $20 per hour.

How big are the changes to local minimum wages?

Across the board, cities are raising the minimum wage by a small percentage. In San Francisco, for example, the jump from $18.07 to $18.67 represents a 3.3% increase. However, labor advocates say that these small increases are part of an ongoing fight for better wages and working conditions and that workers must ensure their employers follow the new regulations.

Wage theft is when an employer withholds any kind of compensation, said Juan Villalvazo, labor rights attorney at La Raza Centro Legal, a legal aid organization in San Francisco. That can include situations where your employer continues to pay you last year’s rate, even after July 1.

In the case of workers in San Francisco, who should now be getting paid $18.67, he explained, “Let’s say for some reason your employer decides that they will pay you only $18.60 — that’s wage theft, right down to the last penny.”

And even a few cents taken from your wages can make a big impact over time, Villalvazo adds. “I know it doesn’t sound like a lot, but assuming you work at least 40 hours a week, 52 weeks a year, that’s over a thousand dollars,” he said, “I myself wouldn’t want to give up a thousand dollars.”

Something important to make clear: minimum wage increases apply to all jobs, with some exceptions. So it doesn’t matter if you are undocumented, working without a formal employment contract or getting paid in cash — your employer must pay you at least the minimum wage, as defined by the city or county where your job is located.

“The only exceptions are usually independent contractors or close relatives that work for a family business, among others,” Villalvazo said.

How can I make sure I’m getting paid the right amount?

Check your pay stubs. Many employers use automatic payroll services that usually keep up with minimum wage changes, but it’s still a good idea to check the listed hourly rate to make sure it doesn’t list the outdated minimum wage or any lesser amount.

If you receive your wages through automatic deposit and don’t receive physical pay stubs, you can contact your human resources or payroll department — or, in much smaller business, your boss directly — and ask for your most recent pay stub to confirm that what you got in your account is correct.

In some cases, you can get this information yourself if your employer has a digital employee portal (the place where you can review other information, like your schedule or insurance benefits).

And something else to keep in mind: although the new minimum wage comes into effect July 1, that doesn’t mean that the check or deposit you’ll get paid on July 1 will be bigger. If your employer pays you every two weeks, your wages on July 1 are for the hours you worked for the second half of June. You won’t (?) see a change until you get paid again in mid-July.

What if I get paid in cash?

Remind your employer about the new minimum wage and ask them to count your payment in front of you — to make sure each hour is compensated at the new rate.

Villalvazo adds that even if your employer is not keeping track of the hours you work, it’s still a good idea for you to keep a written record on your end.

“It’s really important that you maintain contemporaneous records,” he said. “So track every day and create some sort of time stamp for what hours you worked, when you entered the job site, when you left the job site.”

I think my employer is paying me less than the minimum wage. What can I do?

Talk to your coworkers first, Villalvazo said, and check in with them if they think they’re also getting underpaid. “If all of you are getting paid below what you need to be paid, talk together with your employer. I think that gives you a little more force,” he said.

Some people might feel nervous in these situations — either because they are afraid of losing their jobs or because their immigration situation is complicated. However, making sure you are getting paid what the law requires is a right protected by the state of California, regardless of your job or immigration status.

“Your employer cannot fire you for trying to enforce your rights under the law, and if they do, they are subject to severe penalties,” Villalvazo said.

Another option is talking to your boss about this via email or text. In your message, let your employer know in writing:

• The hourly rate you are being paid
• The correct minimum wage you should get paid
• How long you’ve been paid the incorrect amount (if this applies to you)

You can also send a link to (or a screenshot of) your city government’s website stating the new minimum wage — like this poster from the city of San Francisco stating the city’s new minimum wage.

“Not every employer is necessarily a bad faith actor,” Villalvazo said. “Try to negotiate directly with your employer to get them to be in compliance with local law in regards to minimum wage.”

If your employer doesn’t keep a record of your hours worked, this is a good time to pull up any documentation you’ve kept that shows how much time you’ve worked. “Text messages, emails, those are honestly the best because they have a time stamp,” Villalvazo said, “so it would be really hard to refute what is said in the text message or email when it did happen.”

And after the conversation, send your boss an email or text confirming you had a conversation about your pay and what you agreed upon (or didn’t). That way, you have a record of what you talked about in case the same situation repeats itself in the future.

I spoke to my employer about my wages, but they are not doing anything about it. What can I do now?

If your employer still refuses to change your wages so you are getting paid the minimum wage, you have several options.

One option is to file a wage theft claim with the state’s Labor Commissioner’s Office (also known as the Division of Labor Standards Enforcement), which investigates employers accused of wage theft. However, the Labor Commissioner’s Office continues to struggle with understaffing, and KQED has published multiple investigations showing how workers who file wage theft claims may have to wait years to get a result.

Another option that could be more efficient is to contact the office of your city’s government that deals with labor standards.

In San Francisco, for example, you can contact the SF Office of Labor Standards Enforcement at 415-554-6292 or via email at mwo@sfgov.org. This team is tasked with ensuring employers keep up with the minimum wage. Let them know about your situation and have both your pay stubs — if you have them — and the written records of your conversations with your employer ready.

If you work in San José or Milpitas, you can contact the Office of Equity Assurance City of San José at 408-535-8430 at MyWage@sanjoseca.gov.

If you work in Fremont, contact the city directly at minwage@fremont.gov or 510-284-4000.

If you work in Berkeley, contact the Health, Housing, and Community Services Department at 510-981-5400.

If you work in the city of Alameda, contact the Base, Reuse and Economic Development Department at 510-747-6890 or minimumwage@alamedaca.gov.