Employment Law in San Jose: Employee Rights Guide

Overview

San Jose, California's third-largest city, has enacted several employment ordinances that protect workers beyond state law. The City focuses on wage protections, hiring practices, and leave benefits. This guide covers the major San Jose employment laws.

San Jose Minimum Wage

Current Rate and Employer Coverage

San Jose has established a city minimum wage that applies to employers with 3 or more employees who perform work in San Jose. The minimum wage is adjusted annually based on the cost of living.

Covered Employees

All employees who work in San Jose are entitled to the San Jose minimum wage, regardless of whether they are full-time, part-time, or temporary employees. Independent contractors are generally not covered.

Wage Requirement

The minimum wage must be paid as straight time wages. Tips and other benefits cannot be credited against the minimum wage requirement.

San Jose Opportunity to Work Ordinance

Ban the Box Provisions

San Jose has enacted the "Opportunity to Work Ordinance," which restricts when employers can inquire about criminal history. Employers cannot ask about criminal records on job applications or during initial interviews.

Conditional Offer Requirement

Employers may only ask about criminal history after making a conditional offer of employment. Even then, the employer must provide notice of its intent to deny employment based on criminal history and allow the applicant to respond.

Protected Records

The ordinance protects applicants from discrimination based on arrests not resulting in conviction, dismissed convictions, and certain other records.

Earned Sick Time Ordinance

Accrual Requirements

San Jose requires employers to provide earned sick time. Employees accrue at least 1 hour of paid sick time per 30 hours worked. Sick time must be provided at the employee's regular wage rate.

Use of Sick Time

San Jose employees may use earned sick time for:

• Employee's or family member's illness, health condition, or preventive care
• Domestic violence, sexual assault, or stalking purposes

Carryover and Payout

Accrued but unused sick time must carry over to the next year, though employers may cap accrual at 80 hours per year. Upon separation, employees are entitled to be paid for accrued, unused sick time.

Paid Leave and Compensation

Supplemental Paid Leave

Some San Jose employers provide supplemental paid leave beyond earned sick time and state mandated benefits. Employers may establish their own policies on vacation, personal days, and other paid time off.

Minimum Wage and Overtime

All San Jose employees are entitled to overtime compensation under California law when they work more than 8 hours per day or 40 hours per week, in addition to the San Jose minimum wage.

San Jose Enforcement and Remedies

Department of Employer Programs and Policies

San Jose's Department of Employer Programs and Policies (or relevant city agency) enforces employment ordinances. The department may investigate complaints and impose penalties.

Remedies and Penalties

Violations of San Jose employment ordinances can result in penalties, back pay, damages, and attorney's fees. Employees have the right to file complaints with the city or pursue claims in court.

Statute of Limitations

Claims under San Jose ordinances must generally be brought within a certain timeframe, typically 1-4 years depending on the specific claim.

California State Law Protections

Additional Protections

In addition to San Jose ordinances, employees in San Jose are protected by California state employment laws covering wage and hour matters, discrimination, harassment, and other employment issues. Many of these state protections are more generous than the minimum required by San Jose law.

Conclusion

San Jose employment law protects workers through minimum wage requirements, earned sick time, and hiring practice restrictions. Employees should be aware of both San Jose city ordinances and California state employment laws. If you believe your 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.