LABOR LAW NEWS

San José 2016 Minimum Wage Unchanged, Posting Revised

Published on December 14, 2015

Required for all San José Employers, the City issued the revised Minimum Wage notice for 2016, effective January 1.

San José released the revised Minimum Wage notice for 2016. The new poster is required for all businesses in San José and is effective January 1, 2016.

The City of San José’s minimum wage rate is reviewed annually for increases based on changes to the Consumer Price Index (CPI). The 2015 wage change reflected an increase of 1.6 percent based on the CPI.

The City of San José implemented its minimum wage in 2013 after San José voters approved the Minimum Wage Initiative in 2012.

The San José Minimum Wage Didn’t Change – Do I Need a New Poster?

Yes. The San José Minimum Wage Ordinance (Measure D) states:

“Every employer shall post in a conspicuous place at any workplace or job site where an employee works the notice published each year by the Office informing Employees of the current Minimum Wage rate and of their rights under this Chapter.”

That means businesses with locations in San José need to replace the Minimum Wage notice each year, regardless of whether the rate changed. And don’t forget: the posting clearly states the year. Your employees may spot old versions and then wonder if your business is trying to pull a fast one on them in terms of wage payment.

Which San José Businesses Are Covered by the Minimum Wage Ordinance?

The San José Minimum Wage Ordinance applies to all employers who maintain a facility within the city limits of San José or are subject to the San José Business Tax.

San José Minimum Wage Ordinance Posting Requirements

Employers with workers in San José must post the 2016 San José Minimum Wage notice in a conspicuous place at any workplace or job site.

The City provides the notice in languages spoken by more than five percent of the San José workforce in the City. Currently, notices are available in English, Spanish, Vietnamese, and Chinese. Employers with at least five percent of workers who speak a language other than English must display the posting in those languages.

This Labor Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel.

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