City of San Diego minimum wage and sick leave
Work performed inside the City of San Diego is covered by the city's Earned Sick Leave and Minimum Wage Ordinance. The city's minimum wage is adjusted each year.
Official source ↗California employment law · San Diego, San Diego County
Working in San Diego?
City rules and state law, side by side.
The City of San Diego has its own Earned Sick Leave and Minimum Wage Ordinance, and the state Labor Commissioner has a district office in the city. Federal discrimination charges can go to the EEOC's San Diego office. An independent California employment attorney can explain how these routes fit your situation.
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What is local in San Diego
Offices and local rules for San Diego workers
Office of Labor Standards and Enforcement
The city's Office of Labor Standards and Enforcement handles complaints under the local ordinance and provides notices and information for workers.
Official source ↗Labor Commissioner, San Diego office
State wage claims and retaliation complaints can be filed with the Labor Commissioner. Its San Diego district office is at 7575 Metropolitan Drive, Room 210.
Official source ↗EEOC San Diego Local Office
Federal discrimination charges can be filed with the EEOC's San Diego Local Office, often dual-filed with California's Civil Rights Department.
Official source ↗Superior Court of San Diego County
State-law employment lawsuits arising in San Diego County are generally filed in the Superior Court of California, County of San Diego.
Official source ↗San Diego's Earned Sick Leave and Minimum Wage Ordinance
Inside the City of San Diego, employers must follow both state law and the city's Earned Sick Leave and Minimum Wage Ordinance, approved by voters in 2016. The ordinance sets a city minimum wage that is adjusted each year and gives employees earned sick leave that in some respects goes beyond the state's paid sick leave law. The city's Office of Labor Standards and Enforcement accepts complaints, and the ordinance generally prohibits retaliation against workers who use sick leave or report a violation. The current rate is published on the city's official page, so check it there rather than relying on an older figure.
The ordinance applies to work performed within the city limits of San Diego. Other cities in the county, such as Chula Vista, Oceanside, Escondido or El Cajon, are separate cities and may follow the state minimum wage unless they have adopted their own rules. If you work for one employer at locations in several cities, the hours you work inside the City of San Diego can be covered by the city rules. Keep your pay stubs and a record of where you worked each day. Local and state claims can overlap, so an attorney can help you decide whether a city complaint, a state wage claim or a court case fits your situation best.
Wage claims, retaliation and discrimination in San Diego
For unpaid wages, daily overtime, missed meal or rest break premiums or a late final paycheck, the California Labor Commissioner's San Diego district office handles claims from the area. You can also file a wage claim online. Most claims begin with a settlement conference, and claims that do not settle can go to a hearing before a hearing officer. If you were punished for complaining about pay, safety or another legal violation, a retaliation complaint with the Labor Commissioner is a separate process and generally must be filed within one year of the retaliation.
Discrimination, harassment and retaliation under the Fair Employment and Housing Act generally start with a complaint to the California Civil Rights Department, which accepts complaints online. A federal charge can be filed with the EEOC's San Diego Local Office, and many charges are dual-filed with both agencies. San Diego is also home to large military and defense employers, and service members and veterans have additional protections under federal law (USERRA) and under FEHA, which covers military and veteran status. If you have a deadline, such as a date to sign a severance agreement, mention it when you get in touch.
Local information as of October 2026. Court locations, hours and local rules change; check the official source before you go.
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Leon E. Johnson
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Firedcheck is part of Omnilex. Leon leads Omnilex’s US business from San Francisco. He is a California attorney and spent about twelve years at Goodwin and Kirkland & Ellis before joining Omnilex.
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- Admitted in California since 2015 (State Bar #302786), also Utah; Texas inactive
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You may still be wondering …
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Does the San Diego minimum wage apply in the whole county?
No. The Earned Sick Leave and Minimum Wage Ordinance covers work performed within the City of San Diego. Other cities and unincorporated areas follow their own rules or the state minimum wage.
Can my employer fire me for using sick leave?
State law and the San Diego ordinance generally prohibit retaliation for using protected sick leave or reporting a violation. Whether a firing was retaliation depends on the facts, such as timing and how the employer explains its decision.
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