California
California Minimum Wage 2026: $16.90 an Hour, $17.40 in 2027
Independently fact-checked against primary sources (last audited September 30, 2026). · 36 primary sources cited on this page. How we verify our legal content
California's statewide minimum wage is $16.90 per hour in 2026 for all employers, set by the annual indexing rule in Labor Code 1182.12. On July 31, 2026, the Director of Finance certified that the rate will rise to $17.40 per hour on January 1, 2027. The federal rate is $7.25, but the higher California rate controls, and many cities and counties set rates above the state figure.
Separate, higher schedules apply to covered fast food restaurant workers ($20.00 per hour) and covered health care workers (Labor Code 1182.14). California allows no tip credit, so the rates on this page are what a tipped worker earns in wages before tips.
Information last verified on 2026-09-28. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers California's statewide minimum wage under the Labor Code and the Industrial Welfare Commission wage orders, the fast food and health care schedules, verified city and county minimum wages, and the federal Fair Labor Standards Act (FLSA) overlay. It does not cover overtime rules in detail, meal and rest break rules, or the laws of other states.
What is the California minimum wage in 2026?
The statewide minimum wage is $16.90 per hour, effective January 1, 2026. DIR's Minimum Wage FAQ states: "Effective January 1, 2026, the minimum wage is $16.90 per hour for all employers, not otherwise covered by a higher minimum wage specific to an industry or a locality."
That rate applies to every employer, including an employer with a single employee. California's older two-tier schedule for small employers ended, and since January 1, 2023 all employers use the same statewide rate.
If you work in a city or county with its own ordinance, or in a covered fast food or health care job, a higher rate may apply to you instead. The sections below cover each case.
California minimum wage rates at a glance
| Category | Rate | Effective |
|---|---|---|
| Statewide, all employers | $16.90 per hour | January 1, 2026 (in force) |
| Statewide, all employers | $17.40 per hour | January 1, 2027 (certified July 31, 2026) |
| Covered fast food restaurant employees | $20.00 per hour | April 1, 2024 (in force) |
| Covered health care workers, top tier | $25.00 per hour | July 1, 2026 (in force) |
| Tip credit | None allowed | Full minimum wage before tips |
When does the California minimum wage go up to $17.40?
The statewide rate is scheduled to rise to $17.40 per hour on January 1, 2027. The increase is not a proposal. The Director of Finance certified it in a determination dated July 31, 2026, which states that the average U.S. CPI-W for the 12-month period from July 1, 2025 to June 30, 2026 increased by 2.99 percent, and that the minimum wage "shall increase by 2.99 percent to $17.40 per hour and shall be implemented for all employers on January 1, 2027."
DIR's press release confirms: "Beginning January 1, 2027, California's statewide minimum wage will increase to $17.40 per hour." The Governor's office announced the same rate on July 31, 2026.
How the yearly increase is calculated
Labor Code 1182.12(c) sets the mechanism. On or before each August 1, the Director of Finance calculates an adjusted minimum wage. The increase is the lesser of 3.5 percent or the rate of change in the average U.S. CPI-W (not seasonally adjusted) for the July 1 to June 30 period compared with the preceding July 1 to June 30 period. The result is rounded to the nearest ten cents and takes effect the following January 1.
If the CPI-W change is negative, the statute provides for no increase or decrease. DIR's FAQ adds that the Governor can no longer pause the increases. The next calculation, for the rate that would take effect in 2028, is due on or before August 1, 2027. That figure does not exist yet, and this page does not estimate it.
What the exempt salary floor becomes
Overtime exemptions for salaried employees tie to the minimum wage. DIR's press release states the exempt salary floor is twice the state minimum wage for full-time work, which is $72,384 per year from January 1, 2027. For health care, DIR's FAQ describes the exempt salary as the greater of 1.5 times the health care minimum or two times the state minimum. The overtime calculator helps with overtime pay itself.
Is there a tip credit in California?
No. California does not allow an employer to use tips to satisfy any part of the minimum wage. DIR's FAQ states: "An employer may not use an employee's tips as a credit toward its obligation to pay the minimum wage per hour."
Labor Code 351 supports the rule. It bars an employer from requiring an employee to credit any part of a gratuity against wages due, and it makes gratuities the sole property of the employee. A server, bartender or delivery worker in California is therefore owed the full applicable minimum wage ($16.90 statewide in 2026, $17.40 from January 1, 2027, or the higher local rate) before any tips.
The U.S. Department of Labor's tipped-employee table lists California the same way: the minimum wage is $16.90 with the full state minimum owed before tips. By comparison, the federal minimum cash wage for tipped employees is $2.13, but California law does not allow that approach.
California fast food minimum wage
Covered fast food restaurant employees have a minimum wage of $20.00 per hour. The rate has been in effect since April 1, 2024 under Labor Code 1475, which was added by AB 1228 (Labor Code 1474 to 1476).
Who is covered
According to DIR's Fast Food Minimum Wage FAQ, the law covers limited-service restaurants that are part of a chain of at least 60 establishments nationwide and are primarily engaged in selling food and beverages for immediate consumption. DIR lists exemptions, including:
- restaurants that operate a bakery producing and selling bread as a stand-alone menu item as of September 15, 2023, and that continue to do so;
- restaurants inside qualifying grocery establishments;
- restaurants in airports, hotels, event centers (over 20,000 square feet or more than 1,000 seats), theme parks, museums and gambling establishments; and
- certain concession or food-service-contract locations.
Not every restaurant job gets $20.00. A worker at an independent restaurant or a chain with fewer than 60 locations follows the general rate, or a higher local rate.
Will the fast food rate change?
Labor Code 1475 allows the Fast Food Council to raise the rate each year beginning January 1, 2025, by no more than the lesser of 3.5 percent or the CPI-W change, rounded to the nearest ten cents, with five of nine votes required. DIR's Minimum Wage page and Fast Food FAQ, both opened on September 28, 2026, still state $20.00 with no later council-set rate, and this page prints no other figure. The council's own meetings page, checked September 30, 2026, lists no meeting after February 26, 2025 and posts no adopted rate above $20.00.
Local governments cannot set a higher wage only for fast food workers, according to DIR. A higher general local minimum wage still applies to them. Labor Code 1476 bars retaliation for participating in council proceedings.
California health care minimum wage
California's health care worker minimum wage is set by Labor Code 1182.14, with the schedule effective from October 16, 2024, according to DIR's Health Care Worker Minimum Wage FAQ. The rate depends on the type and size of the employer facility, not the job title. DIR's FAQ defines which facilities and workers are covered, so start there to place a specific employer.
Health care schedule by facility type
| Facility type | Through June 30, 2026 | July 1, 2026 (in force) | Next scheduled steps |
|---|---|---|---|
| Hospitals and integrated systems with 10,000 or more full-time equivalent employees, dialysis clinics, and facilities run by large counties (more than 5 million people) | $24.00 | $25.00 | $25.00 through December 31, 2027; inflation-adjusted from January 1, 2028 |
| Community, intermittent and rural health clinics and affiliated urgent care | $21.00 | $22.00 | $25.00 from July 1, 2027 |
| All other covered facilities not run by counties, and medium-sized counties (250,000 to 5 million people) | $21.00 | $23.00 | $23.00 through June 30, 2028; $25.00 from July 1, 2028 |
| Safety net hospitals and small-county (under 250,000) facilities | $18.63 | $19.28 | $19.95 from July 1, 2027 to June 30, 2028, then annual steps to $25.00 |
The July 1, 2027 steps are scheduled by statute and DIR's table, not proposals. A clinic in the community, rural or urgent care tier can apply to DIR for a waiver that delays its schedule by 12 months (Labor Code 1182.14(i)); DIR's Health Care Minimum Wage Clinic Waiver Program FAQs explain the process. The statute reads for the top tier: "From July 1, 2026, and until adjusted pursuant to subdivision (d), twenty-five dollars ($25) per hour."
Skilled nursing facilities
The schedule does not yet apply to skilled nursing facilities that are not owned or controlled by a hospital or health system. DIR's FAQ says it will go into effect only when there is a patient care minimum spending requirement applicable to skilled nursing facilities.
California city and county minimum wages
California does not preempt local minimum wages. Labor Code 1197 provides that the minimum wage is the one fixed by the commission "or by any applicable state or local law," and Labor Code 1205(c) says the minimum wage law does not restrict local police powers in a more stringent manner. DIR's FAQ tells employers to follow the stricter standard when requirements conflict. The one limit is the fast food rule above: a city or county cannot set a higher wage only for covered fast food workers.
Verified local minimum wages
The table lists only localities whose current rates were confirmed against the city or county's own notice. Each row shows the effective date of the rate.
| Locality | Current rate | Effective | What is announced next |
|---|---|---|---|
| Los Angeles (city) | $18.42 per hour | July 1, 2026 | CPI-W adjustment each July 1; 2027 amount not yet announced |
| Los Angeles (city), Citywide Hotel Worker Minimum Wage | $25.00 per hour plus at least $4.25 per hour toward health benefits | July 1, 2026 | Posted schedule: $25.50 on July 1, 2027; $28.50 on July 1, 2028; $29.00 on July 1, 2029 |
| Los Angeles County (unincorporated areas) | $18.47 per hour | July 1, 2026 | Adjusts each July 1; 2027 amount not yet announced |
| San Francisco | $19.61 per hour | July 1, 2026 | Annual July 1 adjustment; 2027 amount not yet announced |
| San Diego (city) | $17.75 per hour | January 1, 2026 | $18.35 on January 1, 2027 (city schedule) |
| San Diego (city), Hospitality Minimum Wage | $19.00 per hour (covered hotels and amusement parks); $21.06 per hour (event centers) | July 1, 2026 | Posted schedule: $20.50 (hotels and amusement parks) and $22.00 (event centers) on July 1, 2027; both reach $25.00 on July 1, 2030 |
| Berkeley | $19.61 per hour | July 1, 2026 | $19.61 plus CPI-W on July 1, 2027; amount not yet computed |
| Santa Monica | $18.47 per hour (general); $25.00 per hour (hotel workers) | July 1, 2026 | General: CPI-W adjustment each July 1; 2027 amount not yet announced. Hotel: matches the Los Angeles hotel wage by ordinance (LA's posted schedule is $25.50 on July 1, 2027). |
| Pasadena | $18.57 per hour | July 1, 2026 | In effect until June 30, 2027; next adjustment July 1, 2027, not yet announced |
| Mountain View | $19.70 per hour | January 1, 2026 | Annual regional CPI adjustment each January, announced in the fall |
| Palo Alto | $18.70 per hour | January 1, 2026 | Adjusted each January by regional CPI |
| Santa Clara (city) | $18.70 per hour | January 1, 2026 | Annual regional CPI adjustment; the 2026 rate was announced October 1, 2025 |
Details that change who gets which rate
- Los Angeles hotels. The Citywide Hotel Worker Minimum Wage covers hotels with 60 or more rooms, and 50 or more rooms in the Airport Hospitality Enhancement Zone. The city's notice pairs the $25.00 with at least $4.25 per hour toward health benefits.
- San Diego hospitality. The $19.00 rate covers hotels with 150 or more rooms and amusement parks of 75 or more acres operating under a City agreement. The $21.06 rate covers the event centers named on the notice: Petco Park, Pechanga Arena, the Convention Center and the Civic Theatre.
- Santa Monica hotels. The hotel worker minimum rose to $25.00 on July 1, 2026, from $22.50 on September 8, 2025, with no health benefit requirement.
- Mountain View. The ordinance applies to each employee who performs at least two hours of work per week in the city.
- San Francisco. The notice covers all employees who work in San Francisco, including temporary and part-time employees.
- Berkeley. The notice lists $19.18 from July 1, 2025 and $19.61 from July 1, 2026.
Cities and counties not listed here
Many other California cities and counties have their own minimum wages, and some are higher than the state rate. This page does not print a figure for a city it has not verified. DIR links to a list kept by the UC Berkeley Labor Center but states that it does not monitor or verify that list. To find your rate, open your city or county's official minimum wage notice or ask its labor standards or business office.
For your own worksite, the local rate applies where you work, and the employer must follow the stricter standard. Local governments can also enforce their own ordinances: Los Angeles has an Office of Wage Standards, San Francisco has the Office of Labor Standards Enforcement ((415) 554-6292), and San Diego has an OLSE ((619) 235-5912). Under Labor Code 1205(b), local jurisdictions may also enforce state wage standards.
Youth, learners and who is exempt
California has no minor or youth minimum wage. DIR's FAQ states: "There is no distinction made between adults and minors when it comes to payment of the minimum wage."
DIR describes a limited learner rate. An employee in an occupation with no previous similar or related experience may be paid not less than 85 percent of the minimum wage, rounded to the nearest nickel, during the first 160 hours of employment, regardless of age. The rule appears in section 4 of the IWC industry wage orders (for example, Order 5) and is repeated in DIR's FAQ.
DIR lists these groups as exempt from the state minimum wage: outside salespersons, the parent, spouse or child of the employer, and apprentices regularly indentured under the Division of Apprenticeship Standards. DIR's FAQ also says a sub-minimum wage authorization for employees with disabilities existed only until January 1, 2025 (Labor Code 1191 and 1191.5).
Two rules apply to everyone. The minimum wage cannot be waived by agreement, including a collective bargaining agreement, and it applies to an employer with just one employee.
How the federal minimum wage interacts
The federal minimum wage is $7.25 per hour. The FLSA does not lower California's rate. Under 29 U.S.C. 218(a), no provision of the FLSA excuses noncompliance with a state law or municipal ordinance that sets a higher minimum wage, and DOL's FAQ says that where state law requires a higher minimum wage, the higher standard applies.
For most California workers the practical result is simple: the state or local rate governs. See the federal minimum wage page for the federal rules.
How to file a California minimum wage complaint
DIR's FAQ describes the main routes. An employee can file an individual wage claim with the Labor Commissioner's Wage Claim Adjudication Unit, or file a Report of Labor Law Violation with the Bureau of Field Enforcement, which does not pursue individual claims but may investigate and cite the employer. Arbitration (if required) or a lawsuit in court is also available. The Labor Commissioner's Office is the Division of Labor Standards Enforcement (DLSE) within DIR.
What a worker can recover
- Unpaid balance, interest, fees and costs. Labor Code 1194(a) entitles an employee to recover in a civil action the unpaid balance of the full minimum wage, including interest, reasonable attorney's fees and costs of suit, notwithstanding any agreement to work for less.
- Liquidated damages. Labor Code 1194.2(a) provides liquidated damages equal to the unpaid minimum wages plus interest. The court or Labor Commissioner may reduce or refuse them if the employer shows good faith and reasonable grounds (1194.2(b)). Liquidated damages are not available for overtime.
- Civil penalties. Labor Code 1197.1 sets penalties of $100 per underpaid employee per pay period for an initial intentional violation and $250 per underpaid employee per pay period for each subsequent violation of the same offense, plus restitution and any Labor Code 203 waiting-time penalties.
Paying less than the minimum wage is unlawful under Labor Code 1197.
Retaliation and filing deadlines
Labor Code 98.6(a) bars discharge or other retaliation because an employee made a written or oral complaint about unpaid wages or filed a claim. A retaliation complaint follows the route described in the DIR FAQ.
Labor Code 1194 does not state a filing deadline. Code of Civil Procedure 338(a) sets three years for an action upon a liability created by statute, other than a penalty or forfeiture, and the Labor Commissioner's Office tells workers to file within three years for minimum wage violations (some penalty claims have shorter deadlines). Because deadlines can differ by claim, contact the Labor Commissioner's Office or a California lawyer soon after you notice underpayment. For final pay and other unpaid wages, see unpaid wages and California's final paycheck laws.
Common misunderstandings
- "The rate is still $16.50." That was the 2025 rate. The 2026 rate is $16.90, and $17.40 begins January 1, 2027.
- "Small employers can pay less." The small-employer tier ended; all employers use one statewide rate.
- "Every fast food or health care worker gets $20 or $25." Only covered chains and listed facility types are included, and the health care amount depends on the facility.
- "State minimum wage is the last word." A higher city or county rate applies where the worker works.
- "Tips count toward minimum wage." In California they do not.
If you were fired or lost your job
If your employer ended your job after you raised a pay problem, see California's at-will employment laws for how retaliation protections fit with at-will rules.
Disclaimer: This article provides general legal information about California's minimum wage laws and the federal Fair Labor Standards Act and is not legal advice. It reflects the law and published rates as verified on 2026-09-28. For advice about your specific situation, consult a lawyer licensed in California or contact the California Labor Commissioner's Office.
Related
- Minimum wage by state
- Federal minimum wage
- California final paycheck laws
- California at-will employment laws
- Unpaid wages and final paychecks
- Overtime calculator
- Oregon minimum wage
Last updated: 2026-09-28.
Frequently Asked Questions
What is the minimum wage in California?
The statewide minimum wage is $16.90 per hour in 2026 for all employers, according to the Department of Industrial Relations (DIR). Higher rates apply to fast food and health care workers covered by their own laws, and in many cities and counties.
What is the California minimum wage in 2027?
The Director of Finance certified on July 31, 2026 that the statewide minimum wage will be $17.40 per hour beginning January 1, 2027, a 2.99 percent CPI-W increase under Labor Code 1182.12(c).
Is the California minimum wage going up on January 1, 2027?
Yes, the statewide rate. The Director of Finance certified an increase from $16.90 to $17.40 per hour effective January 1, 2027. Some cities also adjust their rates each January, and each city announces its own 2027 amount.
What is the fast food minimum wage in California?
It is $20.00 per hour for covered fast food restaurant employees, in effect since April 1, 2024 (Labor Code 1475). Only limited-service restaurants in chains of at least 60 establishments nationwide are covered, with listed exemptions.
What is the health care minimum wage in California?
It depends on the facility. Since July 1, 2026 the top tier (large systems, dialysis clinics, large-county facilities) is $25.00, community and rural clinics are $22.00, other covered facilities are $23.00, and safety net and small-county facilities are $19.28 (Labor Code 1182.14; DIR Health Care FAQ).
Does California have a tipped minimum wage?
No. An employer may not use tips as a credit toward the minimum wage (Labor Code 351; DIR FAQ). Tipped employees must receive at least the full applicable minimum wage in wages before tips.
What is the Los Angeles minimum wage?
The City of Los Angeles minimum wage is $18.42 per hour from July 1, 2026. Unincorporated Los Angeles County is $18.47, and covered LA hotel workers are $25.00 plus at least $4.25 per hour toward health benefits.
What is the San Francisco minimum wage?
San Francisco's minimum wage is $19.61 per hour beginning July 1, 2026, for all employees who work in the city, including part-time and temporary employees, according to the city's posted notice.
Can a California employer pay a teenager or new hire less than minimum wage?
There is no minor or youth sub-minimum; DIR says no distinction is made between adults and minors. DIR does describe a learner rate of not less than 85 percent of the minimum wage during the first 160 hours in an occupation with no similar prior experience.
Can an employer pay less than minimum wage if I agree to it?
No. The minimum wage cannot be waived by agreement, including a collective bargaining agreement, and Labor Code 1194(a) lets an employee recover the unpaid balance notwithstanding any agreement to work for less.
What happens if my employer pays less than the minimum wage?
You can file a wage claim with the Labor Commissioner's Office, file a report of labor law violation, use arbitration if required, or sue in court. Remedies include the unpaid balance, interest, attorney's fees, costs and liquidated damages (Labor Code 1194, 1194.2).
Can I be fired for complaining about unpaid minimum wage?
Labor Code 98.6(a) bars discharge or other retaliation because an employee complained, orally or in writing, about unpaid wages or filed a claim. A retaliation complaint follows a separate route described in the DIR FAQ.
Does the federal minimum wage or California's apply?
The higher one. Under 29 U.S.C. 218(a) the federal law does not excuse noncompliance with a state or local law setting a higher minimum wage, and the federal rate is $7.25 per hour.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
California Labor Code
§ 1182.12In force
(a) Notwithstanding any other provision of this part, on and after July 1, 2014, the minimum wage for all industries shall be not less than nine dollars ($9) per hour, and on and after January 1, 2016, the minimum wage for all industries shall be not less than ten dollars ($10) per hour. (b) Notwithstanding subdivision (a), the minimum wage for all industries shall not be less than the amounts set forth in this subdivision, except when the scheduled increases in paragraphs (1) and (2) are temporarily suspended under subdivision (d). (1) For any employer who employs 26 or more employees, the minimum wage shall be as follows: (A) From January 1, 2017, to December 31, 2017, inclusive,—ten dollars and fifty cents ($10.50) per hour. (B) From January 1, 2018, to December 31, 2018, inclusive,—eleven dollars ($11) per hour. (C) From January 1, 2019, to December 31, 2019, inclusive,—twelve dollars ($12) per hour. (D) From January 1, 2020, to December 31, 2020, inclusive,—thirteen dollars ($13) per hour. (E) From January 1, 2021, to December 31, 2021, inclusive,—fourteen dollars ($14) per hour.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 1182.14In force
(a) The Legislature finds and declares as follows: (1) Workers in the health care industry, including workers at general acute care hospitals, acute psychiatric hospitals, medical offices and clinics, behavioral health centers, and residential care centers provide vital health care services to California residents, including emergency care, labor and delivery, cancer treatments, and primary and specialty care. Similarly, dialysis clinics provide life-preserving care to patients with end-stage renal disease and are part of the continuum of kidney care that also includes hospitals and health systems. Residents and visitors to the state rely on access to this high-quality health care. (2) Higher wages are an important means of retaining an experienced workforce and attracting new workers. A stable workforce benefits patients and improves quality of care. (3) Employers across multiple industries are raising wages. The health care sector in California must offer higher wages to remain competitive.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 1475In force
(a) (1) The Fast Food Council is hereby established within the Department of Industrial Relations and shall consist of the following nine voting members: (A) Two representatives of the fast food restaurant industry. (B) Two representatives of fast food restaurant franchisees or restaurant owners. (C) Two representatives of fast food restaurant employees. (D) Two representatives of advocates for fast food restaurant employees. (E) One unaffiliated member of the public who is not an owner, franchisee, officer, or employee in the fast food industry; who is not an employee or officer of a labor organization or a member of a labor organization representing fast food restaurant employees; and who has not received income from the fast food industry or any labor organization for a period of two years prior to appointment. (2) In addition to the voting members, the council shall include the following nonvoting members: (A) One representative from the Department of Industrial Relations. (B) One representative from the Governor’s Office of Business and Economic Development.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 1474In force
For purposes of this part: (a) “National fast food chain” means a set of limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order or select items and pay before consuming, with limited or no table service. For purposes of the definitions in this part, “limited-service restaurant” includes, but is not limited to, an establishment with the North American Industry Classification System Code 722513. (b) “Council” means the Fast Food Council. (c) Except as provided in subdivisions (i) to (k), inclusive, “fast food restaurant” means a limited-service restaurant in the state that is part of a national fast food chain. (d) “Fast food restaurant franchisee” means a person to whom a fast food restaurant franchise is granted. (e) “Fast food restaurant franchisor” means a person who grants or has granted a fast food restaurant franchise.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 1476In force
(a) A fast food restaurant operator shall not discharge or in any manner discriminate or retaliate against any employee due to the employee’s participation in or testimony to any proceeding convened by the council. (b) The council shall be deemed a governmental agency for purposes of subdivision (a) of Section 1102.5.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 1182.16In force
Notwithstanding subdivision (c) of Section 1182.14 and subdivision (c) of Section 1182.15, the effective dates of the minimum wage increases required by subparagraph (A) of paragraph (1) of subdivision (c), subparagraph (A) of paragraph (2) of subdivision (c), clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), and subparagraph (A) of paragraph (4) of subdivision (c) of Section 1182.14 and paragraph (1) of subdivision (c) of Section 1182.15 shall be delayed until either subdivision (a) or (b) occur: (a) (1) If, on or before October 15, 2024, the Director of Finance notifies the Joint Legislative Budget Committee that the Department of Finance has determined that agency cash receipts for the period from July 1, 2024, through September 30, 2024, are at least 3 percent higher than the agency cash receipts projected at the time the 2024 Budget Act was enacted for the July 1, 2024, through September 30, 2024 period, based on current law as of the 2024 Budget Act, the minimum wage increases set forth in subparagraph (A) of paragraph (1) of subdivision (c), subparagraph (A) of paragraph (2) of subdivision (c), clause (i) of subparagraph (B) of paragraph (3) of…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 1197In force
The minimum wage for employees 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. This section does not change the applicability of local minimum wage laws to any entity.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 1194In force
(a) Notwithstanding any agreement to work for a lesser wage, any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of this minimum wage or overtime compensation, including interest thereon, reasonable attorney’s fees, and costs of suit. (b) The amendments made to this section by Chapter 825 of the Statutes of 1991 shall apply only to civil actions commenced on or after January 1, 1992.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 1194.2In force
(a) In any action under Section 98, 1193.6, 1194, or 1197.1 to recover wages because of the payment of a wage less than the minimum wage fixed by an order of the commission or by statute, an employee shall be entitled to recover liquidated damages in an amount equal to the wages unlawfully unpaid and interest thereon. Nothing in this subdivision shall be construed to authorize the recovery of liquidated damages for failure to pay overtime compensation. A suit may be filed for liquidated damages at any time before the expiration of the statute of limitations on an action for wages from which the liquidated damages arise.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 1197.1In force
(a) Any employer or other person acting either individually or as an officer, agent, or employee of another person, who pays or causes to be paid to any employee a wage less than the minimum fixed by an applicable state or local law, or by an order of the commission, shall be subject to a civil penalty, restitution of wages, liquidated damages payable to the employee, and any applicable penalties imposed pursuant to Section 203 as follows: (1) For any initial violation that is intentionally committed, one hundred dollars ($100) for each underpaid employee for each pay period for which the employee is underpaid. This amount shall be in addition to an amount sufficient to recover underpaid wages, liquidated damages pursuant to Section 1194.2, and any applicable penalties imposed pursuant to Section 203. (2) For each subsequent violation for the same specific offense, two hundred fifty dollars ($250) for each underpaid employee for each pay period for which the employee is underpaid regardless of whether the initial violation is intentionally committed.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 1205In force
(a) As used in this section and in Section 1206: (1) “Local jurisdiction” means any city, county, district, or agency, or any subdivision or combination thereof. (2) “State agency” means any state office, officer, department, division, bureau, board, commission, or agency, or any subdivision thereof. (3) “Labor standards” means any legal requirements regarding wages paid, hours worked, and other conditions of employment. (b) Local jurisdictions may enforce state labor standards requirements regarding the payment of wages set forth in Division 2 (commencing with Section 200). (c) This part shall not be deemed to restrict the exercise of local police powers in a more stringent manner.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 351In force
(a) No employer or agent shall collect, take, or receive any gratuity or a part thereof that is paid, given to, or left for an employee by a patron, or deduct any amount from wages due an employee on account of a gratuity, or require an employee to credit the amount, or any part thereof, of a gratuity against and as a part of the wages due the employee from the employer. Every gratuity is hereby declared to be the sole property of the employee or employees to whom it was paid, given, or left for. An employer that permits patrons to pay gratuities by credit card shall pay the employees the full amount of the gratuity that the patron indicated on the credit card slip, without any deductions for any credit card payment processing fees or costs that may be charged to the employer by the credit card company. Payment of gratuities made by patrons using credit cards shall be made to the employees not later than the next regular payday following the date the patron authorized the credit card payment. (b) The Labor Commissioner may investigate and issue a citation or file a civil action for gratuities taken or withheld in violation of this section.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 98.6In forcecited in 2 of our articles
(a) A person shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for employment because the employee or applicant engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the employee or applicant for employment has filed a bona fide complaint or claim or instituted or caused to be instituted any proceeding under or relating to their rights that are under the jurisdiction of the Labor Commissioner, made a written or oral complaint that they are owed unpaid wages, or because the employee has initiated any action or notice pursuant to Section 2699, or has testified or is about to testify in a proceeding pursuant to that section, or because of the exercise by the employee or applicant for employment on behalf of themselves or others of any rights afforded them.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 144 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Rope v. Auto-Chlor System of Washington, Inc. (California Court of Appeal 2013, 220 Cal. App. 4th 635)“…ng Rope to the statute‘s parameters. ii. Labor Code section 98.6 Labor Code section 98.6 provides…”
- St. Myers v. Dignity Health (California Court of Appeal 2020)“…The second cause of action alleged a violation of Labor Code sections 98.6 and 1102.5. Section 98.6 of the Labor C…”
- Arias v. Superior Court (California Supreme Court 2009, 46 Cal. 4th 969)“…ere are remedies in addition to civil penalties (see, e.g., Lab. Code, §§ 98.6 [lost wages and work benefits], 226.7 […”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Whistleblower Laws: Protections and How to Report
§ 1182.13In force
(a) The Department of Industrial Relations shall adjust upwards the permissible meals and lodging credits by the same percentage as the increase in the minimum wage made pursuant to Section 1182.12. (b) The Department of Industrial Relations shall amend and republish the Industrial Welfare Commission’s wage orders to be consistent with this section and Section 1182.12. The department shall make no other changes to the wage orders of the Industrial Welfare Commission that are in existence on the effective date of this section. The department shall meet the requirements set forth in Section 1183. (c) Every employer that is subject to an amended republished order under this section shall post a copy of the order and keep it posted in a conspicuous location frequented by employees during the hours of the workday as required by Section 1183. (d) Wage orders that are amended and republished as required under this section shall be final and conclusive for all purposes and dispositive of all pending petitions before the Industrial Welfare Commission as of the effective date of the act adding this section.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
United States Code Title 29
§ 218Relation to other lawsIn forcecited in 52 of our articles
No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 312 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Philip Williamson Itzik Riefronda Kirlin Thomas Painter,plaintiffs-Appellants v. General Dynamics Corporation,opinion (Court of Appeals for the Ninth Circuit 2000, 208 F.3d 1144)“…wage, hour, and child labor legislation. See 29 U.S.C. § 218 (a). 1 *1151…”
- United States v. Klinghoffer Bros. Realty Corp., Irving Jacobson and Albert Klinghoffer (Court of Appeals for the Second Circuit 1961, 285 F.2d 487)“…agreement to accept reduced pay is valid, notwithstanding 29 U.S.C. § 218 . White v. Witwer Grocer Co., 8 Cir.,…”
- Pacific Merchant Shipping Ass'n v. Aubry (Court of Appeals for the Ninth Circuit 1990, 918 F.2d 1409)“…han the maximum workweek established under this chapter. 29 U.S.C. Section 218 (a). The employees and the United State…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Minimum Wage 2026: $7.25 an Hour Since 2009, Minimum Wage by State 2026: All 50 States and DC, Alabama Minimum Wage 2026: $7.25 Federal, No State Rate
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- California DIR: Minimum Wage Frequently Asked Questions(dir.ca.gov).gov
- California Labor Code 1182.12 (statewide minimum wage schedule and indexing)(leginfo.legislature.ca.gov).gov
- California Department of Finance: Minimum Wage Increase Notification (July 31, 2026)(dof.ca.gov).gov
- California DIR news release 2026-66: 2027 minimum wage(dir.ca.gov).gov
- Governor of California: California will raise statewide minimum wage(gov.ca.gov).gov
- California Labor Code 351 (gratuities)(leginfo.legislature.ca.gov).gov
- U.S. Department of Labor: Minimum Wages for Tipped Employees(dol.gov).gov
- California Labor Code 1475 (fast food minimum wage)(leginfo.legislature.ca.gov).gov
- California DIR: Fast Food Minimum Wage FAQ(dir.ca.gov).gov
- California DIR: Minimum Wage(dir.ca.gov).gov
- California Labor Code 1182.14 (health care worker minimum wage)(leginfo.legislature.ca.gov).gov
- California DIR: Health Care Worker Minimum Wage FAQ(dir.ca.gov).gov
- California Labor Code 1197(leginfo.legislature.ca.gov).gov
- California Labor Code 1205(leginfo.legislature.ca.gov).gov
- City of Los Angeles Office of Wage Standards: July 1, 2026 minimum wage memo(wagesla.lacity.gov).gov
- City of Los Angeles: Citywide Hotel Worker Minimum Wage notice(wagesla.lacity.gov).gov
- Los Angeles County DCBA: 2026-27 minimum wage poster(dcba.lacounty.gov).gov
- City and County of San Francisco: Minimum Wage Ordinance notice(media.api.sf.gov).gov
- City of San Diego: minimum wage increase to $17.75 effective January 1, 2026(sandiego.gov).gov
- City of San Diego: Hospitality Minimum Wage Ordinance notice(sandiego.gov).gov
- City of Berkeley: Minimum Wage public notice, July 2026(berkeleyca.gov).gov
- City of Santa Monica: Minimum Wage(santamonica.gov).gov
- City of Pasadena: official minimum wage notice effective July 1, 2026(cityofpasadena.net).gov
- City of Mountain View: City Minimum Wage(econdev.mountainview.gov).gov
- City of Palo Alto: Minimum Wage(paloalto.gov).gov
- City of Santa Clara: Minimum Wage Ordinance(santaclaraca.gov).gov
- 29 U.S.C. 218, Effect on other laws(law.cornell.edu)
- U.S. Department of Labor, Wage and Hour Division: Minimum Wage FAQ(dol.gov).gov
- California Labor Code 1194 (recovery of unpaid minimum wage)(leginfo.legislature.ca.gov).gov
- California Labor Code 1194.2 (liquidated damages)(leginfo.legislature.ca.gov).gov
- California Labor Code 1197.1 (civil penalties)(leginfo.legislature.ca.gov).gov
- California Labor Code 98.6 (retaliation)(leginfo.legislature.ca.gov).gov
- City of San Diego: Earned Sick Leave and Minimum Wage Ordinance (rate schedule)(sandiego.gov).gov
- City of San Diego: Hospitality Minimum Wage Ordinance (rate schedule)(sandiego.gov).gov
- California DIR: Fast Food Council meetings(dir.ca.gov).gov
- California Labor Commissioner: How to file a wage claim(dir.ca.gov).gov
- Industrial Welfare Commission Order 5 (learners, section 4(A))(dir.ca.gov).gov
- City of Santa Clara bulletin: minimum wage $18.70 effective January 1, 2026 (October 1, 2025)(content.govdelivery.com)
- City of Mountain View bulletin: 2026 minimum wage $19.70 (January 5, 2026)(content.govdelivery.com)
- City of Pasadena news release: minimum wage rises to $18.57 effective July 1, 2026(cityofpasadena.net)