Employment Law in San Diego: Local Worker Protections

Overview

San Diego has enacted employment protections that apply to workers in the City. While San Diego's local ordinances are generally less extensive than those of Los Angeles or San Francisco, the City still provides important protections covering minimum wage, paid leave, and other employment matters.

This guide covers the major San Diego employment ordinances that protect workers.

San Diego Minimum Wage

Current Rate and Annual Adjustment

San Diego has a city minimum wage that is adjusted annually on January 1st. The minimum wage applies to employers with 25 or more employees and to employers of any size in unincorporated San Diego County areas.

Employee Coverage

San Diego minimum wage applies to employees who work in San Diego, regardless of where the employer is located. The wage must be paid to all non-exempt employees.

No Tip Credit

San Diego does not permit a tip credit, meaning employers must pay the full minimum wage regardless of tips received.

San Diego Earned Sick Leave Ordinance

Accrual and Use

San Diego requires employers to provide earned sick leave to employees. Employees accrue earned sick leave at a rate of at least 1 hour per 30 hours worked.

Acceptable Uses

Earned sick leave in San Diego may be used for:

• Employee or family member's illness or medical condition
• Preventive care or medical diagnosis
• Domestic violence, sexual assault, or stalking purposes
• Victim of human trafficking purposes

Minimum Notice and Use

Employers must allow employees to use accrued earned sick leave. Employees must provide notice as soon as practicable, and employers cannot impose excessive notice requirements that would effectively prevent use of the benefit.

Paid Family Leave Supplemental Pay

Voluntary Programs

Some San Diego employers have voluntarily established supplemental paid family leave benefits that exceed California's state paid family leave. These programs vary by employer.

State Paid Family Leave

California's Paid Family Leave (PFL) program applies in San Diego and provides partially paid leave for qualifying family events. Refer to state law for more information on this program.

San Diego Enforcement Mechanisms

City Attorney and Labor Commission

The San Diego City Attorney's office and the San Diego Labor Commission enforce local employment ordinances. These agencies investigate complaints and can impose penalties.

Filing a Complaint

Employees can file complaints with the San Diego City Attorney's office or consult with an employment attorney. Legal action may also be possible in court.

Statute of Limitations

The statute of limitations for violations of San Diego employment ordinances varies depending on the specific ordinance but is generally 1-4 years from the date of violation.

Working With State Agencies

California Department of Industrial Relations

California's Department of Industrial Relations (DIR) and related agencies (Labor Commissioner, Cal/OSHA, Division of Labor Standards Enforcement) also enforce employment laws that apply in San Diego. These agencies handle wage claims, safety complaints, and other matters.

Wage Claims

Employees can file wage claims with the Division of Labor Standards Enforcement (now part of the Labor Commissioner's office) for unpaid wages or wage violations.

Conclusion

San Diego employment law combines state protections with local ordinances. While San Diego's local employment laws are not as extensive as those of other large California cities, they still provide important protections for workers. If you believe your San Diego employment rights have been violated, consult with an employment attorney or contact the appropriate enforcement agency.

This guide is provided for general informational and educational purposes only. It does not constitute legal advice. Consult a qualified attorney for advice regarding your particular circumstances.