California employment law · San José, Santa Clara County
San José has its own minimum wage ordinance and an Opportunity to Work Ordinance for part-time employees, enforced by the city's Office of Equality Assurance. State wage claims go to the Labor Commissioner's San José office. An independent California employment attorney can check which rules apply to you, from local pay rules to tech-sector severance agreements.
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What is local in San José
Work performed in San José is covered by the city's own minimum wage, adjusted each year. The city's Office of Equality Assurance investigates complaints, and the ordinance prohibits retaliation for making one.
Official source ↗State wage claims and retaliation complaints can be filed with the Labor Commissioner. Its San José district office is at 224 Airport Parkway, Suite 300.
Official source ↗Federal discrimination charges can be filed with the EEOC's San José Local Office at 96 N. Third Street, often dual-filed with California's Civil Rights Department.
Official source ↗State-law employment lawsuits arising in San José are generally filed in the Superior Court of California, County of Santa Clara.
Official source ↗San José voters approved a local minimum wage in 2012, and the city adjusts it every year. It applies to work performed within the city, including by part-time and temporary employees, and the city's Office of Equality Assurance investigates complaints, can review payroll records and enforces violations. The city also has an Opportunity to Work Ordinance, which generally requires covered employers to offer additional hours to qualified existing part-time employees before hiring new staff or using temp agencies. Retaliating against a worker for asserting these rights is prohibited. The current minimum wage is published on the city's official page, so check it there.
Santa Clara County has many separate cities, and several of them, such as Mountain View, Sunnyvale, Santa Clara, Palo Alto and Cupertino, have adopted their own minimum wage ordinances. The rules and rates are not identical, and what generally counts is where you perform the work. If you work at sites in more than one city, keep a record of the hours you spend in each. Underpayment of a local minimum wage can be raised with the city, while overtime, break premiums and final pay problems under state law go to the Labor Commissioner or to court. An attorney can help you choose the route with the best remedy for your situation.
Technology employers in and around San José often combine layoffs with severance packages, equity terms and confidentiality obligations. A severance agreement usually releases your legal claims in exchange for money. California law requires certain separation agreements to state that you may consult an attorney and to give you at least five business days to consider them, and federal law gives employees 40 and over who release age claims at least 21 days, or 45 days in a group layoff, plus seven days to revoke. Mass layoffs at larger sites can also require advance notice under the California WARN Act. Look closely at what happens to unvested equity, earned bonuses and commissions before you sign.
Misclassification is another common issue in the region. Being paid a salary does not by itself make you exempt from overtime: California exemptions depend on your actual duties and a minimum salary level, and some computer professionals have their own specific test. Contractors who work like employees may be employees under the ABC test in Labor Code §2775. Non-competes are generally void in California, but confidentiality and trade secret obligations remain, so do not take company documents or code when you leave.
Local information as of October 2026. Court locations, hours and local rules change; check the official source before you go.
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You may still be wondering …
No. San José sets its own rate, and several other cities in the county have their own ordinances. Others follow the state minimum wage. The rate depends on where you perform the work.
San José's Opportunity to Work Ordinance generally requires covered employers to offer additional hours to qualified existing part-time employees first. The Office of Equality Assurance handles complaints, and an attorney can check whether your employer is covered.
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