San Jose minimum wage in 2026
San Jose’s minimum wage is set by city law. San Jose voters approved its Minimum Wage Ordinance (Measure D) in November 2012. The city says it “set an hourly rate of pay that employers must pay their workers for work performed within the City.” The city’s 2026 official notice says “You qualify if you work 2 or more hours per week.” The ordinance itself counts work of “at least two (2) hours” “in a calendar week,” for someone who is owed the state minimum wage or is “a participant in a Welfare-to-Work Program” (San Jose Municipal Code § 4.100.030). The rate can rise each January 1; the city announces it by October 1 (San Jose Municipal Code § 4.100.040(E)). The city’s page says that starting January 1, 2027, the minimum wage “will increase from $18.45 (2026 minimum wage rate) to $19.00 per hour.”
The city’s Office of Equality Assurance takes complaints. File one online through the city’s page, call 408-535-8430, email MyWage@sanjoseca.gov, or go to the office at 200 E. Santa Clara St., 5th Floor, San Jose, CA 95113. The city says you will need to give your name, mailing address and phone number, your employer’s name, address and phone number, your manager’s or supervisor’s name, the type of work you do, and how and when you are paid. It says “All complaints are confidential and will not be shared with anyone.” Its notice says “You can’t be fired for making a complaint” and “Your immigration status doesn’t matter.” The page is the city’s 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 Jose's minimum wage law covers your job, the city's $18.45 applies, and paying less than the applicable minimum is unlawful (Labor Code § 1197). See San Jose's page for who it covers.
Your hourly pay meets San Jose'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. Overtime, breaks and pay stubs have their own rules.
Rates by type of work
| Who | How sure | Rate |
|---|---|---|
| Most workers in San Josesince Jan 1, 2026Rate: City of San JoseLabor Code § 1197 | Depends on facts | $18.45 |
| 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 Jose 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 Jose’s own law decides who it covers; the San Jose details above quote the city’s summary of it. Check San Jose’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 Jose.
- 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 Jose rate for the dates you worked.
- Check with the city. The San Jose 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.