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 all employers regardless of size, covering any employee who works at least two hours per week within the city.

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, Caps, and the Front-Load Option

The Earned Sick Leave and Minimum Wage Ordinance sits at San Diego Municipal Code Chapter 3, Article 9, Division 1, effective July 11, 2016. The figures that decide most questions:

• Accrual: no less than one hour for every 30 hours worked within the City. Hours worked outside San Diego do not accrue under this ordinance.
• Accrual cap: an employer may cap total accrual at 80 hours.
• Use cap: an employer may limit use to 40 hours in a benefit year.
• Front-load alternative: an employer satisfies both the accrual and carry-over requirements by awarding 40 hours at the start of each benefit year.

State law under Labor Code §§ 245 to 249 applies alongside this, including the § 246 availability floors of 24 hours by the 120th day and 40 hours by the 200th. A San Diego worker gets whichever provision is more favourable on each point rather than choosing one scheme wholesale.

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

Who Enforces It

There is no "San Diego Labor Commission." The Ordinance designates the Office of the City Treasurer as the Enforcement Office, and day-to-day questions and complaints go to the City's Office of Labor Standards and Enforcement, Minimum Wage Program.

Three Routes, and You Are Not Limited to One

For a violation of the Earned Sick Leave and Minimum Wage Ordinance you may:

• Complain to the City's enforcement office;
• File a claim with the California Labor Commissioner's Office; or
• Bring a cause of action in court. The Ordinance gives a private right of action, which is a real difference from the state paid sick leave scheme, where enforcement runs through the Labor Commissioner and there is no individual damages action.

Statute of Limitations

Filing deadlines differ by ordinance. Confirm the deadline for your specific claim with the enforcing agency or with an attorney; missing it can end a claim entirely.

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.