Oakland minimum wage in 2026
Oakland’s minimum wage is set by city law. The city says “In November 2014, Oakland voters passed Measure FF, which established the city minimum wage”. The law is Oakland Municipal Code Chapter 5.92, and the city’s page says it applies to “employees who work 2 or more hours in a week.” The ordinance itself counts work of “at least two (2) hours” “in a particular week” “within the geographic boundaries of the City,” for someone who is owed the state minimum wage (Oakland Municipal Code § 5.92.010). The rate can rise each January 1. The ordinance says “each year thereafter on the 1st of January, the Minimum Wage shall increase by an amount corresponding to the prior calendar year’s increase, if any, in the Consumer Price Index” (§ 5.92.020).
Oakland also has a Hotel Minimum Wage and Working Conditions Ordinance. This page does not cover it.
The city’s Department of Workplace and Employment Standards (DWES) enforces the minimum wage. The city’s File a Labor Complaint page says “Please contact DWES by email, mail, or phone, if you believe your employer is not paying you the Oakland minimum wage”. Download the city’s claim form from its File a Labor Complaint page, then email it to minwageinfo@oaklandca.gov. The department’s phone number is 510-238-6258, and its office is at 250 Frank H. Ogawa Plaza, Suite 3341, Oakland, CA 94612. The ordinance says no one may “discharge, reduce the compensation of nor otherwise discriminate against any Person for making a complaint to the City” (§ 5.92.050). The page is the city’s Oakland Minimum Wage, Sick Leave, and Other Labor Laws page.
Is your pay below the minimum?
Enter your hourly pay before tips. In California, tips can't count toward the minimum wage.
If Oakland's minimum wage law covers your job, the city's $17.34 applies, and paying less than the applicable minimum is unlawful (Labor Code § 1197). See Oakland's page for who it covers.
Your hourly pay meets Oakland's minimum for most workers. Fast food workers at national chains have a higher statewide minimum of $20.00. Some covered health care workers have higher rates, by facility type. Hotel workers at covered hotels have a higher city rate. Overtime, breaks and pay stubs have their own rules.
Rates by type of work
| Who | How sure | Rate |
|---|---|---|
| Most workers in Oaklandsince Jan 1, 2026Rate: City of OaklandLabor Code § 1197 | Depends on facts | $17.34 |
| California minimum wage, statewidesince Jan 1, 2026Labor Code § 1182.12 | Settled by law | $16.90 |
| Fast food workers at national chains (more than 60 locations); some locations excludedsince Apr 1, 2024Labor Code § 1474§ 1475(d)(2)(A) | Depends on facts | $20.00 |
| Health care workers | Depends on facts | By facility type |
| Tipped workers and servers | Settled by law | Same as everyone |
Who the city rate covers
Oakland sets its own minimum wage by city law. State law makes a local minimum wage binding. The Labor Code says the minimum wage “fixed by the commission or by any applicable state or local law, is the minimum wage to be paid to employees, and the payment of a lower wage than the minimum so fixed is unlawful” (Labor Code § 1197).
Oakland’s own law decides who it covers; the Oakland details above quote the city’s summary of it. Check Oakland’s page, linked above.
The state minimum wage applies too. When the two differ, the Labor Commissioner says that “if a local entity (city or county) has adopted a higher minimum wage, employees must be paid the local wage where it is higher than the state or federal minimum wage rates.”
Some jobs have a higher state minimum wage. The Labor Commissioner says “There is a higher minimum wage for Fast Food Workers, effective April 1, 2024, and a higher minimum wage for certain Health Care Workers.” This page covers the city rate and the state rules that apply everywhere.
Tips and the minimum wage
Tips do not count toward the minimum wage in California. This is state law, so it applies in Oakland.
- Your employer may not “require an employee to credit the amount, or any part thereof, of a gratuity against and as a part of the wages due” (Labor Code § 351(a)).
- Your employer may not “collect, take, or receive any gratuity or a part thereof,” or take money from your wages because of tips.
- “Every gratuity is hereby declared to be the sole property of the employee or employees to whom it was paid, given, or left for.”
- Tips paid by credit card must be paid to you in full, “without any deductions for any credit card payment processing fees,” and “not later than the next regular payday” after the customer paid.
Since January 1, 2026, the law also says “The Labor Commissioner may investigate and issue a citation or file a civil action for gratuities taken or withheld” (§ 351(b)).
If you’re paid less
Paying less than the minimum wage that applies to you “is unlawful” (Labor Code § 1197). An agreement to work for less does not cancel unpaid minimum wages. The law on recovering them applies “notwithstanding any agreement to work for a lesser wage” (§ 1194(a)).
- Track your hours. The Labor Commissioner says to “Write down the time you begin and end work every day,” along with your breaks and total hours.
- Keep every pay stub. Compare your hourly pay with the Oakland rate for the dates you worked.
- Check with the city. The Oakland details near the top of this page link the city’s page and name its enforcement office.
- File a wage claim with the state. The Labor Commissioner’s Office says “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.” Its page says to file “Within three years for violations of minimum wage.” See its How to File a Wage Claim page.
- Know that complaining is protected. An employer may not fire or retaliate against you because you “made a written or oral complaint that they are owed unpaid wages” (Labor Code § 98.6(a)).
This page covers state law and the city’s rate. It is legal information, not legal advice.