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San Diego, CA Employment Preemption: Minimum Wage Preemption (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

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

Summary

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.

1182.12. (a) Notwithstanding any other provision of this part, on and after July 1, 2014, the minimum wage for all industries shall be not less than nine dollars ($9) per hour, and on and after January 1, 2016, the minimum wage for all industries shall be not less than ten dollars ($10) per hour. (b) Notwithstanding subdivision (a), the minimum wage for all industries shall not be less than the amounts set forth in this subdivision, except when the scheduled increases in paragraphs (1) and (2) are temporarily suspended under subdivision (d). (1) For any employer who employs 26 or more employees, the minimum wage shall be as follows: (A) From January 1, 2017, to December 31, 2017, inclusive,—ten dollars and fifty cents ($10.50) per hour.

Source: SDMC §39.0103 Minimum WageView official code

Full Breakdown

Under SDMC §39.0103, employers with employees performing at least two hours of work per week within San Diego city limits must pay the city minimum wage. The rate reached $17.25 per hour effective January 1, 2024, and rises each January based on the Consumer Price Index for the San Diego-Carlsbad metro area. California Labor Code §1197 sets a statewide floor but does not preempt higher local minimums. The city Office of Labor Standards Enforcement, created under SDMC §39.0107, investigates complaints, audits payroll, and issues citations. Employers must post the official wage notice in workplaces and provide it in employees' primary language.

Violations & Fines

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.

Frequently Asked Questions

Does the SD wage apply to part-time workers?
Yes. Any employee who performs at least two hours of work in a week inside city limits is covered for those hours, regardless of where the employer is based.
Can California override San Diego's higher wage?
No. Labor Code §1197 sets a floor, not a ceiling. Cities may legislate above the state minimum, and San Diego does so under its police-power authority.

Sources & Official References

Other rules in San Diego

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All San Diego rules

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