Berkeley, CA Employment Preemption: Minimum Wage Preemption (2026)
Key Facts
- 2025 rate
- $18.07 per hour
- Adopted
- 2014 ordinance
- Indexing
- Bay Area CPI annually
- Hours threshold
- 2 hours per week
Summary
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.
1182.12. (c) (1) Following the implementation of the minimum wage increase specified in subparagraph (F) of paragraph (2) of subdivision (b), on or before August 1 of that year, and on or before each August 1 thereafter, the Director of Finance shall calculate an adjusted minimum wage. The calculation shall increase the minimum wage by the lesser of 3.5 percent and the rate of change in the averages of the most recent July 1 to June 30 period over the preceding July 1 to June 30 period for the U.S. CPI-W.
Full Breakdown
BMC Chapter 13.99 creates a Berkeley minimum wage that exceeds California Labor Code section 1182.12 and indexes annually to the Bay Area consumer price index. Coverage extends to any employee who performs at least two hours of work in Berkeley in a given workweek, regardless of where the employer is headquartered. The ordinance requires written notice in English and Spanish, paystub disclosures, and posting of the current rate. Retaliation protections, anti-waiver rules, and private rights of action match California state-law standards. Enforcement is shared between the Berkeley Office of Labor Standards Enforcement and the City Attorney.
Violations & Fines
Underpayment exposes employers to back wages, liquidated damages, civil penalties, and attorney fees, plus potential business license consequences for repeat or willful violators.
Frequently Asked Questions
Does the rate apply to tipped workers?
What if my employer is based outside Berkeley?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California employment preemption overview
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Minimum Wage Preemption in Nearby Cities
How other cities in Alameda County handle minimum wage preemption.