Rate Effective March 2, 2015

Starting March 2, 2015, employers (regardless of where located) must pay wages of at least $12.25 per hour to each employee who performs work within Oakland, California (including part-time employees). This minimum wage requirement, pursuant to Measure FF and set forth in Oakland Municipal Code section 53.92.020, applies to any employee who works two or more hours in a particular workweek within the geographic limits of the City of Oakland.
Beginning on January 1, 2016 and with each succeeding calendar year, the minimum wage will again increase with any increases in the regional (San Francisco – Oakland – San Jose) Consumer Price Index (CPI).
Oakland’s Office of the City Attorney issued a set of February 5, 2015 frequently asked questions (and answers) (FAQs) on Measure FF. These include information on employee rights and employer obligations. In an email response to us, the City Attorney’s position is that the Oakland minimum wage law only applies to the actual hours worked within Oakland. Thus, if an employee of a landscaping company worked two hours on jobs in Oakland, and the rest of his or her 40 hour workweek in surrounding cities, the $12.25 minimum would only apply to the Oakland hours. The current statewide minimum wage is $9.00/hour. Please note however that other Bay Area cities such as San Francisco ($11.05), Berkeley ($10.00) and San Jose ($10.30) also have similar ordinances for minimum hourly wage within respective city limits.
Employees who assert their rights to receive Oakland’s minimum wage are protected from retaliation. Affected workers may file a civil lawsuit against their employers for any violation of this ordinance and may seek reinstatement and payment of back wages. The city can investigate possible violations and shall have access to payroll records. Employers may also be liable for civil penalties for each violation up to a maximum of $1,000 per violation.
Affected employers must also post an updated Oakland Minimum Wage notice where employees can read it easily.
For further information, contact one of our attorneys Tim Bowles, Cindy Bamforth or Helena Kobrin.

Cindy Bamforth, April 20, 2015