Wage and Hour Lawyer in San Jose

San Jose's wage rules layer on top of California's. The city minimum is $18.45 per hour as of January 1, 2026 if you work at least two hours a week inside city limits. The state minimum is $16.90 elsewhere; adjacent City of Santa Clara is $18.70. San Jose also has the Opportunity to Work Ordinance, the SJC Airport Living Wage, and the city-contracts Living Wage on top of all that. Add overtime, breaks, sick leave, and exempt-classification rules, and there are a lot of ways an employer can come up short.

Recent Bay Area results show the scale. Frlekin v. Apple (8 Cal.5th 1038 (2020)) confirmed that off-the-clock bag-check time is compensable; the federal class action settled for $30.4 million in 2022. Veitch v. Stanford Health Care (Santa Clara County Superior Court 22CV395001) settled for $10 million with final approval April 1, 2025.

Visit our San Jose office at 181 Devine St Suite 4, San Jose, CA 95110 or call (408) 834-4320 for a free, confidential consultation.

What Are Wage and Hour Claims in San Jose

San Jose 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. San Jose has its own local minimum-wage ordinance. The San Jose minimum wage is $18.45/hour effective January 1, 2026, higher than the California state floor of $16.90/hour. San Jose also has the unique Opportunity to Work Ordinance (effective March 13, 2017) requiring employers with 36+ employees to offer additional work hours to existing qualified part-time workers before hiring new employees. 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.

San Jose Industries Where Wage and Hour Violations Are Most Common

• Silicon Valley public-company tech workers - at the major Silicon Valley public technology companies headquartered in San Jose: Cisco Systems (NASDAQ: CSCO - 170 West Tasman Drive, leading global networking equipment company), Adobe (NASDAQ: ADBE - 345 Park Avenue, leading software company), eBay (NASDAQ: EBAY - 2025 Hamilton Avenue), PayPal (NASDAQ: PYPL), Western Digital (NASDAQ: WDC - 5601 Great Oaks Parkway, leading data-storage technology company with 10,001+ employees), HP Inc. (NYSE: HPQ), Verifone, Calyx Software, and Sage Intacct. 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) for accounting/securities fraud whistleblower claims and Dodd-Frank section 922 (15 U.S.C. section 78u-6) for securities-law whistleblower claims. Stay-or-pay agreements (training repayment, sign-on bonus clawback, relocation-cost clawback) are void for work performed in San Jose after January 1, 2026 under AB 692 (California Labor Code section 926). Non-competes are void under California Business and Professions Code section 16600 (with AB 1076 and SB 699 making this rule extraterritorial as of January 1, 2024).
• Healthcare workers - at the Santa Clara Valley Medical Center / SCVMC (751 South Bascom Avenue, San Jose, CA 95128, (408) 885-5000 - 731-bed (574 acute) county-owned public tertiary teaching hospital affiliated with the Stanford University Medical School; the principal safety-net hospital in Santa Clara County), Kaiser Permanente San Jose Medical Center, Good Samaritan Hospital, Regional Medical Center of San Jose, and O'Connor Hospital. 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 (which do not waive statutory FEHA or California Labor Code rights). SCVMC employees, as county employees, are subject to the 6-month Government Claims Act deadline.
• Higher education and K-12 workers - at San Jose State University / SJSU (1 Washington Square, San Jose, CA 95192 - founding campus of the California State University system; state-of-California employees subject to civil-service rules and CFA collective bargaining), the San Jose-Evergreen Community College District (San Jose City College and Evergreen Valley College), and multiple K-12 districts including the San Jose Unified School District, East Side Union High School District (830 North Capitol Avenue, (408) 347-5000 - one of the largest high school districts in Northern California), Berryessa Union School District, Alum Rock Union School District, and Oak Grove School District. Protected by Skelly v. State Personnel Board (1975) 15 Cal.3d 194 due-process rights, California Whistleblower Protection Act (Cal. Gov. Code section 8547), and the 6-month Government Claims Act deadline (Cal. Gov. Code section 911.2).
• Public-sector and government workers - at the City of San Jose (200 East Santa Clara Street), the County of Santa Clara (San Jose is the county seat), the San Jose Police Department (SJPD), the Santa Clara County Sheriff's Office, the Mineta San Jose International Airport (SJC - owned and operated by the City of San Jose), and the Valley Transportation Authority (VTA). Peace officers are covered by the Public Safety Officers Procedural Bill of Rights (POBR, Cal. Gov. Code section 3300 et seq.). Subject to the 6-month Government Claims Act deadline.
• Retail and consumer-services workers - at Westfield Valley Fair (a super-regional shopping center on the San Jose/Santa Clara border, 1,800,000+ sq ft), Santana Row (Federal Realty's mixed-use district), Westgate Mall, The Plant San Jose, and chain retailers throughout the city. San Jose workers covered by the San Jose Minimum Wage Ordinance earn $18.45/hour effective January 1, 2026 (was $17.95/hour for 2025). The San Jose Opportunity to Work Ordinance (effective March 13, 2017) requires employers with 36 or more employees to offer additional work hours to existing qualified part-time workers before hiring new employees - stronger than California state law. Fast-food workers at chains with 60+ national locations earn the $20.00/hour AB 1228 floor (Cal. Labor Code section 1474).
• Hospitality and convention workers - at hotels around the San Jose Convention Center (150 West San Carlos Street) including the San Jose Marriott, Hilton San Jose, Westin San Jose, and dozens of smaller hotels and motels. Hospitality workers are covered by the San Jose Minimum Wage Ordinance and the Opportunity to Work Ordinance. Sexual harassment by hotel guests is covered by FEHA Cal. Gov. Code section 12940(j) (third-party harassment). Tipped restaurant and bar workers earn full San Jose minimum wage of $18.45/hour plus tips (Cal. Labor Code section 351 prohibits tip pooling abuses).
• Manufacturing and biotech workers - at Jabil Circuit, numerous semiconductor and electronics manufacturers throughout San Jose, and biotech operations. Manufacturing workers are covered by Cal/OSHA standards (Cal. Code Regs., tit. 8) and California Labor Code section 6310 (retaliation for safety reporting). Federal contractor workers have additional NDAA section 4712 whistleblower protection (41 U.S.C. section 4712). Public-company manufacturing employees also have Sarbanes-Oxley (18 U.S.C. section 1514A) and Dodd-Frank (15 U.S.C. section 78u-6) protection.

San Jose Local Protections

San Jose has its own local worker-protection ordinances. The San Jose minimum wage is $18.45/hour effective January 1, 2026 (was $17.95/hour for 2025) under the San Jose Minimum Wage Ordinance - higher than the California state floor of $16.90/hour. The San Jose Opportunity to Work Ordinance (effective March 13, 2017) requires employers with 36 or more employees to offer additional work hours to existing qualified part-time workers before hiring new employees - stronger than California state law. San Jose workers also rely on California state law including SB 525 (healthcare-worker tiered schedule - directly relevant to SCVMC, Kaiser San Jose, Good Samaritan, Regional Medical Center, and O'Connor Hospital 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 San Jose

Wage claims can be filed with the California Labor Commissioner (DLSE San Jose Office, 224 Airport Parkway, Suite 300, San Jose, CA 95110, (408) 277-1266). Civil suits are heard at the Santa Clara County Superior Court, Hall of Justice, 190-200 West Hedding Street, San Jose, CA 95110. Call us at (408) 834-4320 before any deadline.