Local Minimum Wage

OVERVIEW

On April 14, 2020, the City Council approved a minimum wage ordinance that increases the local minimum wage to $15.00/hour for large businesses and $14.00/hour for small businesses.

HAYWARD MINIMUM WAGE ORDINANCE

Beginning January 1, 2021, large employers with 26 or more employees will be subject to a $15.00/hour minimum wage.  The minimum wage for large employers will be adjusted beginning January 1, 2022, by the Consumer Price Index (CPI) for the San Francisco-Oakland-Hayward region.

“Large Business” means a business with 26 or more full or part-time employees including persons employed outside the city.

Beginning on January 1, 2021, small employers with 25 or fewer employees will be subject to a $14.00/hour minimum wage.  The minimum wage for small employers will be adjusted on January 1, 2022 by the Consumer Price Index (CPI) for the San Francisco-Oakland-Hayward region.  On January 1, 2023, small employers will be subject to a $15.00/hour minimum wage per State Law and any future increase in accordance to the State Minimum Wage Law.

“Small Business” means a business with 25 or fewer full or part-time employees including persons employed outside the city.

View the Full Ordinance here

MINIMUM WAGE INCREASE SCHEDULE

Date

Small Businesses

Large Businesses

January 1, 2021$14.00$15.00
January 1, 2022$14 + CPI$15 + CPI
January 1, 2023$15.00+CPI

EMPLOYER REQUIREMENTS

In addition to paying all employees who perform work within the geographic boundaries of the city no less than the minimum wage for each hour worked, Hayward employers must:

  • Post the official City of Hayward Wage Bulletin in the top four languages spoken in the city in a conspicuous place at each work site.
  • At the time of hire, provide the employee with a written copy of the employer’s name, address, and telephone number.  Example Notice to Employee form from the California Labor Commissioner’s Office.
  • Document all hours worked by employees and keep records for at least four (4) years

WAGE BULLETIN

By October 1, or as soon as practicable, the City will publish and make available to employers a bulletin announcing the adjusted minimum wage rate for the upcoming year, which shall take effect on January 1.  Every employer shall post in a conspicuous place at any workplace or job site where an employee works the notice published each year by the city informing employees of the current minimum wage rate and of their rights under this chapter.  Every employer shall post such notices in the top three languages spoken in the city based on the latest available census information for the city.

PAYROLL RECORDS

Employers shall retain payroll records pertaining to employees for a period of four years, and shall allow the city access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this chapter.  Where an employer does not maintain or retain adequate records documenting wages paid or does not allow the city reasonable access to such records, the employee’s account of how much he or she was paid shall be presumed to be accurate, absent clear and convincing evidence otherwise.  Failure to maintain such records or to allow the city reasonable access shall render the employer subject to administrative citation.

HOW TO FILE A WAGE CLAIM

If you have experienced wage theft, file a wage claim with the State Labor Commissioner’s Office by email, mail or in person.  Workers in California have the right to file a wage claim when their employers do not pay them the wages or benefits, they are owed.  A wage claim starts the process to collect on those unpaid wages or benefits.  California’s labor laws protect all workers, regardless of immigration status.

For more information about filing a wage claim, visit the State of California Department of Industrial Relations website or contact the local office at:

State of California Labor Commissioner – Oakland Office
1515 Clay Street, Suite 801, Oakland, CA 94612
(510) 622-3273

 

Linked documents:

Apr. 14, 2020 City Council Meeting

Minimum Wage Ordinance: Adopt an Ordinance Amending Article 15 of Chapter 6 of the Hayward Municipal Code Relating to Payment of Minimum Wages by Employers

Apr. 7, 2020 City Council Meeting

Minimum Wage Ordinance: Introduce an Ordinance to Amend Chapter 6 "Minimum Wage Ordinance" of the City of Hayward Municipal Code Delaying the Implementation Date and Modifying the Yearly Adjustment Date for Increases in Response to Significant Impacts to Businesses Caused by the COVID-19 Pandemic

Local Minimum Wage Ordinance: Introduce an Ordinance to Add Article 15 to Chapter 6 of the Hayward Municipal Code Establishing a Local Minimum Wage for Employees Working for Any Employers within the City of Hayward 

Oct. 15, 2019 City Council Meeting

Acceleration of Statewide Minimum Wage in the City of Hayward

Frequently Asked Questions