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Employment Preemption

Employment Preemption in San Diego, CA: What Residents Actually Need to Know

By CityRuleLookup Editorial Team

If you live in San Diego or are thinking about moving there, employment preemption are one of those things you probably won't think about until they affect you directly. San Diego has 3 specific rules on the books covering different aspects of employment preemption, and some of them might surprise you.

Minimum Wage Preemption

San Diego's Minimum Wage Ordinance (SDMC §39.0103 et seq.) sets a citywide minimum wage that exceeds California's state floor. The 2024 rate of $17.25 per hour adjusts each January based on regional CPI.

Key details: Code: SDMC §39.0103. City rate (Jan 2024): $17.25 per hour. Annual adjustment: CPI-indexed each January. Coverage threshold: 2+ hours per week in city. Enforcement: Office of Labor Standards.

Civil penalties up to $1,000 per pay period per employee, restitution of unpaid wages, and additional liquidated damages. Retaliation against complaining workers triggers a separate per-violation fine plus reinstatement.

Worker Scheduling Preemption

San Diego has not adopted a Fair Workweek predictive-scheduling ordinance. California AB-1228 created a statewide Fast Food Council setting wages and standards for fast-food chains, but no general predictive-scheduling mandate applies to other industries.

Key details: Local ordinance: None enacted. State law: AB-1228 (Fast Food Council). Fast-food coverage: Chains with 60+ US locations. General reporting pay: IWC Wage Order 7. Council rate (Apr 2024): $20 per hour fast food.

Reporting-time-pay violations under Wage Order 7 entitle workers to two to four hours of pay when scheduled and sent home. Fast-Food Council rule violations under AB-1228 are enforced by the state Labor Commissioner.

If you are coming from a city with tighter rules, you will find San Diego gives residents more flexibility on worker scheduling preemption.

San Diego's Earned Sick Leave and Minimum Wage Ordinance (SDMC §39.0105) requires employers to provide at least 40 hours of paid sick leave per year, equal to California SB-616's floor with stricter accrual and use rules.

Key details: Code: SDMC §39.0105. Annual usable leave: 40 hours minimum. Accrual rate: 1 hour per 30 worked. Carryover cap: 80 hours. State floor (SB-616): 40 hours / 5 days.

Employers face civil penalties up to $1,000 per pay period per employee, plus back pay and reinstated leave. Willful or retaliatory violations trigger additional fines and Office of Labor Standards citations.

The Bottom Line

San Diego's employment preemption rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming San Diego is broadly strict or permissive.

Keep in mind that San Diego can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.