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San Jose, CA Hotels & Lodging: Hotel Living Wage (2026)

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

Key Facts

Code
SJMC Chapter 4.100
Coverage
City service contractors, SJC tenants
Indexing
Annual Council resolution
Health offset
Lower wage with benefits
Enforcement
Office of Equality Assurance

Summary

SJMC Chapter 4.100 requires city service contractors and tenants at Mineta San Jose International Airport to pay a living wage well above state minimum, indexed annually. Health benefits offset is allowed; covered workers also accrue paid sick leave and protections against retaliation.

(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) From January 1, 2018, to December 31, 2018, inclusive,—eleven dollars ($11) per hour.

Source: SJMC Chapter 4.100View official code

Full Breakdown

San Jose Municipal Code Chapter 4.100, the Living Wage Ordinance, applies to contractors performing service work for the City of San Jose above a contract dollar threshold and to tenants and concessionaires at Norman Y. Mineta San Jose International Airport (SJC). Covered employers must pay an hourly living wage set by Council resolution and indexed annually, currently substantially above the state and city minimum wage. Employers offering qualifying health benefits may pay a lower cash wage offset by the benefit value. The ordinance includes paid sick leave, posting requirements, and anti-retaliation protections. The Office of Equality Assurance enforces with audits, restitution orders, and contract suspension for noncompliance. Coverage runs alongside California prevailing wage and federal Service Contract Act where applicable.

Violations & Fines

Underpayment of the SJMC 4.100 living wage triggers back wages, liquidated damages, and contract suspension or debarment by the Office of Equality Assurance. Retaliation is independently actionable; payroll falsification can support fraud claims and termination.

Frequently Asked Questions

Who enforces the San Jose living wage?
The City of San Jose Office of Equality Assurance audits contractors, processes worker complaints, and orders back wages and liquidated damages under SJMC 4.100. They can also suspend or debar contractors who repeatedly underpay covered workers.
Do all airport employees get the living wage?
Most workers at Mineta SJC employed by airport tenants and concessionaires are covered, including baggage, food, retail, and ground service workers. Some narrowly defined exemptions exist; check the Office of Equality Assurance covered-employer list for current details.
How does the health benefit offset work?
Employers providing qualifying health insurance may pay a lower cash wage equal to the living wage minus the per-hour value of the benefit, set by Council resolution. Without qualifying coverage, employers must pay the full higher cash rate to comply.

Sources & Official References

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