Wage Hour Lawyer in Berkeley

If you experienced wage theft at a Berkeley workplace, you have strong protections under California law. We represent employees only, never employers, and offer a free, confidential consultation. 1-800-371-3088.

What Are Wage and Hour Claims in Berkeley

Berkeley workers are entitled to the highest of: federal minimum wage ($7.25/hour), California state minimum wage ($16.90/hour effective January 1, 2026 under California Labor Code section 1182.12), or any applicable local minimum wage. Berkeley has its own local minimum-wage ordinance. The Berkeley minimum wage is $19.18/hour effective July 1, 2025 and increases to $19.61/hour effective July 1, 2026 - one of the highest in California, well above the state floor of $16.90/hour. The Berkeley Living Wage for City contractors is $20.01/hour with medical benefits or $23.33/hour without effective July 1, 2026. Fast-food workers at chains with 60 or more national locations earn at least $20.00/hour under AB 1228 (California Labor Code section 1474) since April 1, 2024. Healthcare workers at covered facilities earn tiered rates under SB 525 (California Labor Code sections 1182.14, 1182.15, 1182.16) reaching $25/hour at large hospital systems on July 1, 2026.

Berkeley Industries Where Wage and Hour Violations Are Most Common

• UC Berkeley and Lawrence Berkeley National Laboratory workers - at the University of California, Berkeley (UC Berkeley / "Cal" - 2200 University Avenue, Berkeley, CA 94720 - the flagship campus of the UC system, founded 1868, by far the largest employer in Berkeley) and the Lawrence Berkeley National Laboratory / LBNL (1 Cyclotron Road, Berkeley, CA 94720 - U.S. Department of Energy national laboratory managed by UC). UC Berkeley is governed by the Regents of the University of California, a constitutionally autonomous state agency. UC workers are covered by their own civil-service framework, collective bargaining agreements with multiple unions (AFSCME, UAW for graduate students, UPTE-CWA, CNA for medical center nurses), and the 6-month government-claim deadline (Cal. Gov. Code section 911.2). LBNL employees have additional federal whistleblower protections including the Energy Reorganization Act (42 U.S.C. section 5851) and federal False Claims Act protection (31 U.S.C. section 3730(h)).
• Public K-12 and government workers - at the Berkeley Unified School District / BUSD (2020 Bonar Street, Berkeley, CA 94702, (510) 644-6150 - approximately 1,160 staff), the City of Berkeley (2180 Milvia Street), the Berkeley Police Department (BPD officers subject to POBR / Cal. Gov. Code section 3300 et seq.), the Berkeley Fire Department, and EBMUD. Public-school workers have pre-deprivation due-process rights under Skelly v. State Personnel Board (1975) 15 Cal.3d 194 and California Whistleblower Protection Act coverage under Cal. Gov. Code section 8547. Subject to the 6-month Government Claims Act deadline.
• Restaurant, retail, and small-business workers - at Berkeley restaurants and businesses along Telegraph Avenue, Shattuck Avenue, 4th Street, North Shattuck "Gourmet Ghetto," and Solano Avenue. The Berkeley Bowl Marketplace (2020 Oregon Street; Berkeley Bowl West at 920 Heinz Avenue - an independent, family-owned grocery store founded in 1977) employs hundreds of workers. Chez Panisse, Cheese Board Collective, and many independent restaurants are major restaurant-industry employers. Berkeley workers are entitled to: (1) the Berkeley minimum wage of $19.18/hour effective July 1, 2025, increasing to $19.61/hour effective July 1, 2026 - one of the highest in California; (2) paid sick leave under Berkeley Municipal Code Chapter 13.100 (1 hour per 30 hours worked, cap 48 hours for small employers under 25, 72 hours for larger); and (3) the right to request modified schedules under the Family Friendly and Environment Friendly Workplace Ordinance. Fast-food workers at chains with 60+ national locations earn the $20.00/hour AB 1228 floor (Cal. Labor Code section 1474).
• Healthcare, biotech, and clinical research workers - at the Bayer HealthCare West Berkeley campus (one of the largest biotech sites in the East Bay), Alta Bates Summit Medical Center - Alta Bates Campus (operated by Sutter Health), and private clinics. Covered by SB 525 healthcare worker minimum-wage schedule (Cal. Labor Code sections 1182.14, 1182.15, 1182.16), California Health and Safety Code section 1278.5 ($25,000-per-violation civil penalty for patient-safety retaliation), and California Nurses Association (CNA) / SEIU-UHW collective bargaining agreements. Biotech workers at public companies have additional Sarbanes-Oxley (18 U.S.C. section 1514A) and Dodd-Frank (15 U.S.C. section 78u-6) whistleblower protection.
• Arts, theater, and cultural-sector workers - at the Berkeley Repertory Theatre / "Berkeley Rep" (2025 Addison Street - one of the most prominent regional theaters in the United States), Cal Performances at UC Berkeley's Zellerbach Hall, and the Aurora Theatre. Arts-sector workers are typically W-2 employees or AEA union members (Actors' Equity Association) and are covered by FEHA, Title VII, and California Labor Code wage/hour protections. Independent contractors are often misclassified - the Dynamex ABC test (codified as Cal. Labor Code section 2775) governs.
• Tech, startup, and professional-services workers - at the many tech startups, software firms, and professional-services companies in Berkeley including those at the UC Berkeley "Skydeck" startup accelerator. Tech workers are covered by all standard California FEHA, Labor Code, and federal Title VII / ADA / ADEA / FMLA protections. Public-company employees are also protected by Sarbanes-Oxley (18 U.S.C. section 1514A) and Dodd-Frank section 922 (15 U.S.C. section 78u-6). Stay-or-pay agreements (training repayment, sign-on bonus clawback) are void for work performed in Berkeley after January 1, 2026 under AB 692 (California Labor Code section 926).

Berkeley Local Protections

Berkeley has one of the most comprehensive local worker-protection frameworks in California, second only to San Francisco. Berkeley workers are protected by: (1) the Berkeley minimum wage of $19.18/hour effective July 1, 2025, increasing to $19.61/hour effective July 1, 2026 - one of the highest in California, well above the state floor of $16.90/hour; (2) the Berkeley Living Wage Ordinance for City of Berkeley contractors ($20.01/hour with medical benefits or $23.33/hour without effective July 1, 2026); (3) the Berkeley Paid Sick Leave Ordinance (Berkeley Municipal Code Chapter 13.100 - 1 hour accrued per 30 hours worked, cap 48 hours for small employers under 25, 72 hours for larger); and (4) the Berkeley Family Friendly and Environment Friendly Workplace Ordinance (right to request modified work schedule). Berkeley workers also rely on California state law including SB 525 (healthcare-worker tiered schedule - directly relevant to Alta Bates Summit and Bayer HealthCare West Berkeley workers) and AB 1228 ($20/hour fast-food).

California Paid Sick Leave (Labor Code sections 245-249) requires at least 40 hours (5 days) of paid sick leave per year, effective January 1, 2024. The 2026 exempt-salary floor is $70,304/year (twice the state minimum wage, per DIR News 2025-118).

California Law

For the full California wage-and-hour framework, including overtime (Labor Code section 510), meal and rest breaks (sections 512 and 226.7), wage statements (section 226), waiting-time penalties (section 203), expense reimbursement (section 2802), and PAGA (sections 2698 et seq.), see our California employment law page.

What Compensation Can You Recover

Unpaid wages, overtime, missed meal/rest premiums (one hour of pay per missed break), wage-statement penalties (up to $4,000 per employee under Labor Code section 226(e)), waiting-time penalties (up to 30 days of pay under Labor Code section 203), interest, liquidated damages on minimum-wage shortfalls, and attorneys' fees and costs (Labor Code section 1194). For details, see our California employment law page.

How to File a Wage Claim in Berkeley

Wage claims can be filed with the California Labor Commissioner (DLSE Oakland Office, 1515 Clay Street, Suite 801, Oakland, CA 94612, (510) 622-3273). Civil suits are heard at the Alameda County Superior Court, Rene C. Davidson Courthouse, 1225 Fallon Street, Oakland, CA 94612. Call us at 1-800-371-3088 before any deadline.