Workforce Standards and Enforcement

Employers with employees who work in Berkeley must follow local workforce standards, including minimum wage and paid sick leave.

Learn about the workforce standards enforced in Berkeley, and about how to report violations of the standards.

Workforce standards

Employers must follow workforce standards set by the Minimum Wage, Fair Workweek, Paid Sick Leave, Family-Friendly and Environment-Friendly Workplace, and Living Wage Ordinances.

Berkeley Minimum Wage

$19.18/hour: Effective July 1, 2025
$18.67/hour: Effective July 1, 2024

The minimum wage standard applies to all employees who work at least two hours in the geographical limits of Berkeley, regardless of where the employer is located or where the employee lives. The standard applies to both for-profit and non-profit employers. Employees’ tips do not count towards covering the minimum wage payment. Employers must also post the official notice of these standards in a place where employees can read easily (violators are subject to fines):

Fair Workweek Ordinance

The Berkeley Fair Workweek Ordinance ensures that workers in Berkeley are able to have some predictability in their schedules, avoid shifts that cause exhaustion, and attain some balance in their lives, which often involve multiple jobs, childcare, and other family responsibilities. Predictable schedules are an important component of healthy lives.

The ordinance puts into place fair scheduling practices, including 2 weeks’ notice of work schedules and predictability pay for last-minute scheduling changes, allows employees to decline back-to-back shifts without adequate rest, and requires employers to offer any additional hours that become available to existing part-time employees.

Paid Sick Leave Ordinance

Employers must give their staff one hour of paid sick leave for every 30 hours worked.

Small business employers (with fewer than 25 employees) may cap an employee’s accrued paid sick leave at 48 hours and may cap the use of paid sick leave to 48 hours per year.

Employers with 25 or more employees may cap an employee’s accrual of paid sick leave at 72 hours, but may not cap how much paid sick leave an employee uses in a calendar year.

Learn more in the full ordinance.

Berkeley Family-Friendly and Environment-Friendly Ordinance

Under this ordinance, an employee has the right to request a flexible or predictable work schedule. The employer does not have to grant the request, but does have to respond in writing within 21 days. If denying the request, the written response must include a business reason for denial.

The ordinance applies to employers with ten or more employees. Employees must have worked at least three months and must work at least eight hours per week on a regular basis to be covered by the ordinance.

An employer may revoke or modify a flexible or predictable working schedule for business reasons, with reasonable notice to the employee. Within 21 days, the employer must provide a schedule and must provide in writing to the employee a business reason for the change.

Learn more in the full ordinance.

Living Wage Ordinance

For-profit vendors who are paid more than $25,000 per year by the City of Berkeley and non-profit vendors who are paid more than $100,000 per year by the City of Berkeley must comply with the Living Wage Ordinance. To comply, vendors must pay a living wage (set by the City), provide health benefits or cash in lieu, and provide paid time off. Learn more about this and other vendor requirements, or read the full ordinance.

Effective July 1, 2025, the Living Wage will be $19.58/hour with medical benefits valued at $3.25/hour or $22.83/hour if no medical benefits are offered by the employer.

Enforcement

If you work in Berkeley and your employer is paying you less than the Berkeley Minimum Wage, not offering you enough paid sick time, or potentially violating any of the above ordinances, you can submit a complaint with the City of Berkeley.

Please file a complaint by email or in person:

By mail: Fill out a complaint form and send it with any supporting documentation to Labor Standards and Enforcement Program, 2180 Milvia Street, 2nd Floor, Berkeley, CA 94704
By email: Fill out the complaint form and send it to LaborStandards@berkeleyca.gov
In person: Visit the Labor Standards and Enforcement Program office at 2180 Milvia Street, 2nd Floor, Berkeley, CA 94704

All complaint forms will be accepted, even if they are incomplete. Complaints may be submitted by employees or any other person.

It is unlawful for employers to retaliate against any employee who asserts their right to the minimum wage, paid sick leave, or the living wage. Employers who retaliate against employees for reporting a labor law violation may be fined.

State and federal labor laws

The City of Berkeley does not administer or enforce national or state labor standards such as unpaid overtime, break, or lunch periods. Please see the links below for information related to the U.S. Department of Labor or the California Department of Industrial Relations labor standards that are not covered by Berkeley’s local labor standard ordinances.

Workforce Standards and Enforcement