Frequently Asked Questions

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• What is the minimum wage in San Diego County?

  The minimum wage in the City of San Diego is $16.85 per hour. In the rest of San Diego County, as well as the state of California, the minimum wage is currently $16.00 per hour. 

  As of April 1, 2024, all “fast food restaurant employees” who are covered by the new state law must be paid at least $20.00 per hour. 

  For more information about the City’s minimum wage, please see https://www.sandiego.gov/compliance/minimum-wage.

  For more information about the state’s minimum wage, please see https://www.dir.ca.gov/dlse/minimum_wage.htm  

  For more information, including restaurants that are exempt from Fast Food wages, please visit https://www.dir.ca.gov/dlse/Fast-Food-Minimum-Wage-FAQ.htm 

• What is wage theft?

  Wage theft happens when employers don’t pay workers what they’re owed. This is illegal and can include:

  • Not paying minimum wage: Employers must pay at least the legal minimum wage which is $16 in California and $16.85 in the City of San Diego.
  • Not paying overtime: If you work more than 8 hours a day or 40 hours a week, you should get overtime pay.
  • Taking away breaks: You have the right to meal and rest breaks. 
  • Misclassifying workers: Some employers wrongly classify workers as "independent contractors" to avoid paying benefits or taxes.
  • Stealing tips: Your employer cannot take any part of your tips.

  An employer's intentional wage theft of more than $950 from one employee, or $2,350 total from at least two employees, within a 12-month period, is punishable as a crime. This crime carries a potential prison sentence of up to three years. 

• I think I am a victim of wage theft, what should I do?

  If you think you're a victim of wage theft:

  • Keep Records: Write down your hours, keep copies of pay stubs, and document any issues with your pay.
  • Talk to Your Employer: Sometimes mistakes happen. Talk to your employer and ask for what you're owed.
  • File a Complaint: If your employer doesn’t fix the issue, you can file a complaint with the County's Office of Labor Standards and Enforcement (OLSE) or other government agencies listed below.
• What can the government do to help me with my work issue?

  There are several local, state, and federal agencies – some with overlapping jurisdiction – that accept employment law complaints:

  ·         The County of San Diego Office of Labor Standards and Enforcement currently accepts complaints related to wage theft, Fair Chance Act/Ordinance violations, and county contract requirements.

  ·         The City of San Diego Compliance Department accepts complaints related to the City’s Minimum Wage and Earned Sick Days, Prevailing Wage, Living Wage laws.

  ·         The federal Department of Labor (DOL) administers and enforces more than 180 federal laws. Its Wage and Hour Division accepts complaints for, amongst many other things, wage and hour matters such as minimum wage. This system is mirrored in the state of California: the Department of Industrial Relations enforces many employment laws and its Division of Labor Standards Enforcement (DLSE or Labor Commissioner) accepts complaints for, amongst many other things, wage and hour matters.

  ·         The federal Equal Employment Opportunity Commission (EEOC) and California Civil Rights Department (CRD, formerly Department of Fair Employment and Housing) have similar jurisdiction: discrimination, harassment, and retaliation in employment.

  ·         The federal Occupational Safety and Health Administration (OSHA) and its California equivalent (Cal/OSHA) ensure and provide information about worker safety and health

  ·         The California Employment Development Department (EDD) provides information to people seeking unemployment, disability, and California Paid Family Leave benefits. It also can help with finding new employment and accessing job training resources.

• May I hire a lawyer to handle my issue(s)?

  Yes. check out these resources to find an attorney:

  • State Bar of California Certified Lawyer Referral Services Directory; and
  • San Diego County Bar Association Lawyer Referral and Information Service (LRIS).
• Am I entitled to meal and rest breaks?

  Yes. Under California law, non-exempt employees are entitled to one unpaid 30-minute meal break, and two paid 10-minute rest breaks, during a typical 8-hour shift. Employees must receive their off-duty meal breaks before the end of the fifth hour of work. Employees must receive 10-minute off-duty rest breaks for every four hours worked (or major fraction of four hours), and the rest breaks should be in the middle of a work period “insofar as practicable.” For more information, see the Labor Commissioner’s frequently asked questions about meal breaks and rest breaks.

• Does every employer need to have workers’ compensation insurance?

  Yes, every California employer using employee labor, including family members, must purchase Workers’ Compensation Insurance (Labor Code Section 3700). If you fail to have Workers’ Compensation Insurance for your employees, it can be expensive as the DLSE is required to issue and serve a stop order/penalty assessment prohibiting further use of employee labor until you do purchase Workers’ Compensation Insurance. Effective January 1, 2011, the penalty assessed for failure to have Workers’ Compensation Insurance is based upon the greater of (1) twice the amount the employer would have paid in workers’ compensation insurance premiums during the period the employer was uninsured, or (2) $1,500 per employee. However, there are exceptions for partnerships, if the only persons performing labor are the partners and corporations where the corporate officers are the sole shareholders; in which case, the corporation, officers and directors come under the Workers’ Compensation provisions only by election.

   

  For employees looking to file for workers’ compensation benefits, please see https://www.dir.ca.gov/dwc.

• Is sick leave available for COVID-19?

  Yes. 2022 COVID-19 Supplemental Paid Sick Leave provides covered employees up to 80 hours of COVID-19 related paid leave, with up to 40 of those hours for isolation & quarantine, receiving vaccines, and caring for a child whose school or place of care is closed and up to an additional 40 of those hours available only when an employee, or family member for whom the employee provides care, tests positive for COVID-19. For more information, please see https://www.dir.ca.gov/dlse/Comparison-COVID-19-Paid-Leave.html and https://www.dir.ca.gov/dlse/COVID19Resources/2022-SPSL-FAQs.html.

• Can employers require their employees to receive be tested for or vaccinated against COVID-19?

  Yes. An employer can (1) mandate that employees get tested and vaccinated and (2) keep unvaccinated employees out of the workplace if the employer determines that the unvaccinated employee poses a “direct threat” due to a “significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.” At the same time, employers must still provide reasonable accommodations and engage in the interactive process with employees who have disabilities and cannot take the vaccine or those with sincerely held religious beliefs in opposition to vaccination.

   

  Employers should pay for the time it takes for testing or vaccination and reimburse any out-of-pocket expenses. For more information, please see https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws  https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2020/03/DFEH-Employment-Information-on-COVID-19-FAQ_ENG.pdf.

   

  To find a vaccination site, please see https://myturn.ca.gov and https://www.sandiegocounty.gov/content/sdc/hhsa/programs/phs/community_epidemiology/dc/2019-nCoV/vaccines/COVID-19-VaxEvents.html.

• Am I owed overtime pay?

  Compensation for all hours worked more than eight hours per day and 40 hours during any one week should be not less than one-and-one-half times the basic rate of pay. For more information, please see https://www.dir.ca.gov/dlse/FAQ_Overtime.htm.

• What is misclassification?

  Misclassification of workers occurs when an employer improperly classifies their employees as independent contractors so that they do not have to pay payroll taxes, minimum wage or overtime, or comply with other wage and hour law requirements such as providing meal periods and rest breaks. Misclassification, or labeling a worker as an independent contractor when they should be an employee, undermines businesses who play by the rules and basic worker protections like minimum wage, paid sick days, and the safety of workplaces. Additionally, the misclassified worker has no workers’ compensation coverage if injured on the job, no right to family leave, no unemployment insurance, no legal right to organize or join a union, and no protection against employer retaliation. This is a form of fraud. For more information, please see https://www.dir.ca.gov/dlse/FAQ_IndependentContractor.htm. 

• What is retaliation?

  Retaliation is an unlawful form of discrimination that occurs when an employer takes an adverse action against an employee, applicant, or other covered individual because he or she engaged in a protected activity, including filing a complaint with a government agency or in court, or participated in an investigation of alleged workplace misconduct. The following are examples of adverse actions employers might take: discharging the worker; demoting the worker; reprimanding the worker; committing harassment; creating a hostile work environment; laying the worker off; failing to hire or promote a worker; blacklisting the worker; transferring the worker to another job; altering the employee’s responsibilities and duties; denying overtime; lowering pay; denying benefits; making threats; intimidating the worker; and constructively discharging the worker. For more information, please see https://www.dir.ca.gov/dlse/howtofilelinkcodesections.htm. 

• What if I have more questions?
  If you have questions on wage theft or are interested in learning more about your rights, contact the Office of Labor Standards and Enforcement (OLSE)

  Contact Us:

  File a complaint or ask a question by clicking here!

  OLSE@sdcounty.ca.gov

  619-531-5129 Office Number

  Monday to Friday from 8 am to 5 pm. 

  1600 Pacific Highway, Suite 452, San Diego, CA 92101. 

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• I didn't get my final paycheck on time, who should I talk to?

  Employees who quit must receive their final paycheck within 72 hours of giving notice that they are leaving. Employees who are fired must be paid on the same day as termination. You should ask your former employer for your final paycheck, file a claim with the Labor Commissioner, or seek legal representation. For more information, please see https://www.dir.ca.gov/dlse/faq_paydays.htm

• I am not being paid minimum wage, what should I do?

  You should ask your employer to pay you correctly, file a claim with the Labor Commissioner, or seek legal representation. For more information, please see https://www.dir.ca.gov/dlse/howtofilewageclaim.htm. 

• When should I get overtime pay?

  Compensation for all hours worked more than eight hours per day and 40 hours during any one week should be not less than one-and-one-half times the basic rate of pay. For more information, please see https://www.dir.ca.gov/dlse/FAQ_Overtime.htm.

• Should I be getting the prevailing wage?

  Prevailing wages are specific, minimum hourly wage rates determined by state or federal government for trade workers on public works projects and include fringe benefit amounts for health insurance, vacation, and pension. It is NOT a minimum wage. For more information, please see https://www.dir.ca.gov/public-works/prevailing-wage.html. 

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• My employer isn't giving me breaks, what should I do?

  You should ask your employer to follow state law on breaks, file a claim with the Labor Commissioner, or seek legal representation. Under California law, non-exempt employees are entitled to one unpaid 30-minute meal break, and two paid 10-minute rest breaks, during a typical 8-hour shift. Employees must receive their off-duty meal breaks before the end of the fifth hour of work. Employees must receive 10-minute off-duty rest breaks for every four hours worked (or major fraction of four hours), and the rest breaks should be in the middle of a work period “insofar as practicable.” For more information, see the Labor Commissioner’s frequently asked questions about meal breaks and rest breaks.

• Is my employer required to give me sick leave?

  The general rule in California is that employees shall receive at least one hour of sick leave for every 30 hours worked. Employers are permitted to cap annual sick leave accrual at 24 hours or three days, whichever is greater. Additionally, through September 30, 2022, employers with more than 26 employees must grant workers up to two workweeks/80 hours of COVID-19 supplemental paid sick leave. Workers in the City of San Diego may be governed by the City of San Diego's Earned Sick Leave and Minimum Wage Ordinance. For more information about California state law on sick leave, please see https://www.dir.ca.gov/dlse/paid_sick_leave.htm. 

• I don’t get enough time to pump my breast milk, who should I report this to?

  You should ask your employer to give you sufficient time to pump, file a claim with the Labor Commissioner, or seek legal representation. For more information, please see https://www.dir.ca.gov/dlse/Lactation_Accommodation.htm. 

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• I’m facing discrimination based on my disability, what should I do?

  You should speak to your employer (including HR), file a claim with the federal Equal Employment Opportunity Commission (EEOC), file a claim with the California Civil Rights Department (CRD, formerly Department of Fair Employment and Housing), or seek legal representation.

• My employer is discriminating against me because of my gender or gender identity, who should I talk to?

  You should speak to your employer (including HR), file a claim with the federal Equal Employment Opportunity Commission (EEOC), file a claim with the California Civil Rights Department (CRD, formerly Department of Fair Employment and Housing), or seek legal representation.

• I am being discriminated against because of my race, what should I do?

  You should speak to your employer (including HR), file a claim with the federal Equal Employment Opportunity Commission (EEOC), file a claim with the California Civil Rights Department (CRD, formerly Department of Fair Employment and Housing), or seek legal representation.

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• When do I need to give an employee a final paycheck?

  Employees who quit must receive their final paycheck within 72 hours of giving notice that they are leaving. Employees who are fired must be paid on the same day as termination. For more information, please see https://www.dir.ca.gov/dlse/faq_paydays.htm. 

• What are the required meal and break periods?

  Under California law, non-exempt employees are entitled to one unpaid 30-minute meal break, and two paid 10-minute rest breaks, during a typical 8-hour shift. Employees must receive their off-duty meal breaks before the end of the fifth hour of work. Employees must receive 10-minute off-duty rest breaks for every four hours worked (or major fraction of four hours), and the rest breaks should be in the middle of a work period “insofar as practicable.” For more information, see the Labor Commissioner’s frequently asked questions about meal breaks and rest breaks.

• What is prevailing wage in San Diego County?

  The Department of Industrial Relations lists the prevailing wages for San Diego County: https://www.dir.ca.gov/oprl/2022-1/PWD/SanDiego.html.