San Diego minimum wage in 2026
San Diego’s minimum wage is set by city law, the Earned Sick Leave and Minimum Wage Ordinance (San Diego Municipal Code, Chapter 3, Article 9, Division 1). The city’s page says it applies to employees who “perform at least two (2) hours of work in one or more calendar weeks of the year within the geographic boundaries of San Diego.” If you work in San Diego County but outside the city, it says “the California state minimum wage and earned sick leave laws apply.” The city’s schedule raises the rate each January 1; it lists $18.35 from January 1, 2027.
San Diego also has a Hospitality Minimum Wage Ordinance, which the city says requires “covered hospitality employers, including large hotels, event centers, and amusement parks, to pay a higher minimum wage to eligible hospitality workers.” This page does not cover it.
The city’s Minimum Wage Program, in its Office of Labor Standards and Enforcement, takes complaints online, by email at SDMinWage@sandiego.gov, or by phone at 619-235-5912. The city also says employees can “file a claim with the California Labor Commissioner’s Office.” The page is the city’s Earned Sick Leave and Minimum Wage Ordinance page.
Is your pay below the minimum?
Enter your hourly pay before tips. In California, tips can't count toward the minimum wage.
If San Diego's minimum wage law covers your job, the city's $17.75 applies, and paying less than the applicable minimum is unlawful (Labor Code § 1197). See San Diego's page for who it covers.
Your hourly pay meets San Diego'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. Covered hospitality workers (large hotels, event centers, amusement parks) 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 San Diegosince Jan 1, 2026Rate: City of San DiegoLabor Code § 1197 | Depends on facts | $17.75 |
| 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
San Diego 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).
San Diego’s own law decides who it covers; the San Diego details above quote the city’s summary of it. Check San Diego’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 San Diego.
- 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 San Diego rate for the dates you worked.
- Check with the city. The San Diego 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.