Shall the City require employers to pay a minimum wage of $10 per hour (as adjusted for increases in the regional consumer price index) for work performed in San Jose?
The Way it is Now:
California requires most employers to pay a minimum wage of $8.00 per hour. It’s been that way since 2008, while cost of living has increased 5.76%.
As a result of state and federal inaction, cities have taken the lead to raise wages on their lowest paid workers. San Francisco passed a city-wide minimum wage in 2003 with an annual cost of living adjustment, and the workers in that city now make $10.24 an hour.
What We Propose:
We’re proposing an ordinance that would require most employers (whether or not the employer receives City contracts) to pay a minimum wage of $10 per hour for work performed within San Jose.
Each year the City would adjust the amount of the minimum wage based on increases in the regional consumer price index. The minimum wage requirement would apply to employees who work two or more hours per week.
Under this ordinance, employees who assert their right to receive the City’s minimum wage would be protected from retaliation. The City of San Jose could investigate possible violations and enforce the minimum wage requirements by ordering reinstatement of employees and payment of back wages and penalties.
Both the City of San Jose and members of the public could sue to enforce the minimum wage requirements. A court could then order reinstatement of employees, payment of back wages and penalties, and payment of reasonable attorneys’ fees and costs.