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Stockton, CA Employment Preemption: Minimum Wage Preemption (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

State minimum
$16.50/hour 2026
Local minimum
None set
Fast-food rate
$20/hour AB 1228
Tip credit
Not allowed

Summary

Stockton has no separate local minimum wage, so employers follow California's statewide minimum wage of $16.50 per hour for 2026, which preempts cities from setting lower rates and applies to all employers regardless of size.

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. (B)

Source: Stockton Municipal CodeView official code

Full Breakdown

California sets the statewide minimum wage at $16.50 per hour effective January 1, 2025, and Stockton has not enacted a higher local rate, so the state rate applies to all Stockton employers. The state floor preempts any lower local wage but allows cities to set higher minimums. Industry-specific California rates apply on top, including $20 per hour for fast-food workers under AB 1228 and $25 per hour ramping for healthcare workers under SB 525. Tip credits are not allowed in California; tips cannot reduce the cash wage owed. Overtime applies after 8 hours daily or 40 hours weekly.

Violations & Fines

Paying below state minimum, taking tip credits, misclassifying employees as contractors, or skipping overtime triggers Labor Commissioner wage claims, penalties, and PAGA actions.

Frequently Asked Questions

Can a Stockton small business pay less than $16.50?
No. California's minimum wage applies to all employers regardless of size. Limited exceptions exist for learners, certain trainees, and disabled workers under specific licensed programs.
Does Stockton have its own higher minimum wage?
No. Stockton has not enacted a local minimum wage, so the California state minimum applies. Some industry-specific state rates (fast-food, healthcare) may exceed the general minimum.

Sources & Official References

Other rules in Stockton

Fence Regulations: Height LimitsSome RestrictionsParking Rules: Driveway RulesSome RestrictionsFence Regulations: Material RestrictionsSignificant RestrictionsFence Regulations: Fence Permit RequirementsSome RestrictionsAnimal Ordinances: BeekeepingSome RestrictionsFire Regulations: Smoke DetectorsSome Restrictions

All Stockton rules

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