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πŸ’Ό Employment Preemption/Minimum Wage Preemption

Berkeley vs Oakland

How do minimum wage preemption rules compare between Berkeley, CA and Oakland, CA?

Berkeley and Oakland have similar restriction levels.

Berkeley, CA

Alameda County

Heavy Restrictions

Berkeley adopted its own Minimum Wage Ordinance in 2014 with annual indexing, and the local rate reached $18.07 per hour in 2025, applying to nearly every employee performing at least two hours of work weekly within city limits.

View full Berkeley rules β†’

Oakland, CA

Alameda County

Heavy Restrictions

Oakland voters adopted Measure FF in 2014, setting a $12.25 minimum wage starting March 2015 with annual CPI indexing. Wages exceed the California state minimum and apply to all employees working at least two hours per week in Oakland.

View full Oakland rules β†’

Key Facts Comparison

FactBerkeleyOakland
2025 rate$18.07 per hour-
Adopted2014 ordinanceMeasure FF, 2014
IndexingBay Area CPI annuallyAnnual Bay Area CPI
Hours threshold2 hours per week-
Code-OMC Chapter 5.92
Effective-March 2015
Tip credit-Not allowed

Highlighted rows indicate differences between cities.

Berkeley FAQ

Does the rate apply to tipped workers?

Yes. California law forbids tip credits, so Berkeley employers must pay the full local minimum wage on top of any gratuities the worker receives.

What if my employer is based outside Berkeley?

It still applies. Anyone performing at least two hours of work in Berkeley in a week earns the city minimum for those hours regardless of employer headquarters.

Oakland FAQ

Who is covered?

Any employee performing at least two hours of work per week in Oakland, including part-time and temporary workers, regardless of employer location.

Can tips count toward the wage?

No. Oakland prohibits tip credits; tips are in addition to the full minimum wage. Service charges must also be distributed to workers.

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