Employment Preemption in San Jose, CA (2026)
4 verified employment preemption rules for San Jose, California, sourced directly from the municipal code and official government pages.
Verified from official government sources
Minimum Wage Preemption
San Jose sets its own minimum wage above California's state floor. SJMC Chapter 4.100 requires covered employers to pay city-set rates that adjust each January based on the regional Consumer Price Index.
San Jose Minimum Wage Above State Floor
Some RestrictionsCalifornia Labor Code § 1182.12
(B) If the rate of change in the averages of the most recent July 1 to June 30, inclusive, period over the preceding July 1 to June 30, inclusive, period for the United States Bureau of Labor Statistics nonseasonally adjusted U.S. CPI-W exceeds 7 percent in the first year that the minimum wage specified in subparagraph (F) of paragraph (1) of subdivision (b) is implemented, notwithstanding any ...
Paid Leave Preemption
California SB-616 (Labor Code §246) requires at least 40 hours or five days of paid sick leave annually. San Jose has not enacted its own city paid-leave ordinance, so the state floor controls for San Jose workers.
California Paid Sick Leave Five-Day Floor in San Jose
Some RestrictionsCalifornia Labor Code § 246
(4) An employer may satisfy the accrual requirements of this section by providing not less than 24 hours or 3 days of paid sick leave that is available to the employee to use by the completion of the employee’s 120th calendar day of employment, and no less than 40 hours or 5 days of paid sick leave that is available to the employee to use by the completion of the employee’s 200th calendar day o...
Worker Scheduling Preemption
San Jose's Opportunity to Work Ordinance (SJMC Chapter 4.101, 2017) requires employers with 36 or more workers to offer additional hours to qualified part-time employees before hiring new staff or using subcontractors.
Opportunity to Work Hours Offer Before New Hires
Some RestrictionsCalifornia AB1228 (2023-2024 Session)
1474. 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 pre...
Healthcare Worker Wage
California Senate Bill 525 (Labor Code Section 1182.14) sets a phased healthcare-worker minimum wage rising to $25 per hour. San Jose has no separate healthcare-industry wage and defers to state law for covered hospital and clinic employees citywide.
California SB-525 Healthcare Minimum Wage Preempts San Jose
Some RestrictionsLooking for Santa Clara County county-wide rules?
County ordinances apply to unincorporated areas and may supplement San Jose city rules.
Employment Preemption in Santa Clara County →