Oakland, CA Employment Preemption: Minimum Wage Preemption (2026)
Key Facts
- Code
- OMC Chapter 5.92
- Adopted
- Measure FF, 2014
- Effective
- March 2015
- Indexing
- Annual Bay Area CPI
- Tip credit
- Not allowed
Summary
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.
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
OMC Chapter 5.92 codifies Measure FF, the 2014 voter-approved Oakland Minimum Wage Initiative. Effective March 2, 2015, the city minimum wage began at $12.25 per hour and adjusts each January 1 based on the San Francisco-Oakland-Hayward CPI. The wage now exceeds $16 per hour and applies to any employee performing at least two hours of work per week within Oakland city limits, regardless of employer size or location. Workers must receive written notice of the rate, and tip credits are not allowed. The Department of Workplace and Employment Standards investigates complaints and issues penalties.
Violations & Fines
Back wages, liquidated damages, civil penalties up to $1,000 per violation, and private right of action with attorney fees and costs.
Frequently Asked Questions
Who is covered?
Can tips count toward the wage?
Sources & Official References
Other rules in Oakland
California rules heatmap·Compare Oakland 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.