Minimum Wage in San Diego 2025: Updated City and County Pay Rates for Employers

Minimum wage in San Diego City is $17.25 per hour in 2025, while the county rate remains $16.50. Employers must comply with state, city, and county wage laws or face penalties for underpayment and related violations.

By Douglas Wade, Attorney

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Have a quick question? We answered nearly 2000 FAQs.

Table of Contents

1. Introduction

2. FAQs

3. Wages

4. Hours, Beaks, or Meals

5. Employment Law: San Diego County

Introduction

The 2025 minimum wage rates for San Diego and the entire state of California are different. Businesses located within the city borders of San Diego, where the work is being done, are subject to a minimum wage rate.

The minimum wage in San Diego City is $17.25 per hour in 2025.

The minimum wage in San Diego County for 2025 is now $16.50.

If you are a company that employs hourly workers in the county of San Diego but not inside the city limits of San Diego.

The minimum wage in California is $16.50 an hour for companies of all types (As of 1^st January 2025). Depending on the number of workers in your organization, various employers used to have varied minimum pay rates. There now exists a one uniform minimum pay rate for the whole state of California after this differential pay rate was eliminated.

It is crucial to remember that minimum wage rules at the state, federal, and local levels apply to all San Diego companies.

San Diego City’s (those who work or are employed inside the city’s actual boundaries) minimum salary for 2025 is $17.25 an hour, no matter how many workers you have on staff.

For instance, the new minimum wage in San Diego City for 2025 stipulates that as of 1^st January 2025, all employers who employ workers who put in a minimum of two hours of work during any number of calendar weeks during the year within the City of San Diego’s borders must pay their workers an hourly rate of $17.25 an hour.

California minimum wage of 16.50 will apply in case your business is found in the geographical boundaries of San Diego County, but not in the City of San Diego.

FAQs

1. Minimum wage in San Diego County: How much is it?

The minimum wage in San Diego City is $17.25 an hour. The current minimum wage in California and the remaining part of San Diego County is $16.50 an hour.

Every “fast food establishment worker” regulated by the recently passed state law must get at least $20 an hour starting on 1^st April 2024.

2. Describe wage theft

Wage theft occurs when a business intentionally does not pay employees their due wages. This is prohibited and may consist of:

Neglecting to provide minimum wage in San Diego to the worker: Companies are required to pay no less than the legal minimum wage, which is sixteen dollars in the state of California and $16.85 throughout the City of San Diego.
Failure to pay overtime: You should be compensated for overtime if you work over eight hours per day or forty hours a week.
Removing breaks: You’re entitled to meals and breaks.
Misclassifying employees: Workers are mistakenly classified as “independent contractors” by some businesses in order to evade paying taxes or benefits.
Tip theft: Your employer is not allowed to keep any portion of the tips.

It is prohibited by law for an employer to purposefully steal in excess of $950 from a single worker or $2,350 from two or more employees over a one-year timespan. The maximum penalty for this offense is 3 years in prison.

3. I believe that I have been the victim of a wage theft. What can I do?

If you believe that wage theft has affected you:

Maintain Documentation: Record your hours worked, save copies of your pay stubs, and note any discrepancies in your compensation.
Consult your employer: Errors can occur. Speak with your boss and request the money you are due.
The County’s OLSE (Office of Labor Standards and Enforcement) or other relevant government bodies are the places to file a complaint if your employer fails to address the problem.

4. How can the government assist me with my work-related problem?

A number of federal, state, and local organizations—some with overlapping jurisdictions—accept complaints pertaining to employment law:

At this time, complaints concerning wage theft, violations of the Fair Chance Act/Ordinance, and county contract requirements are being accepted by the Office of Labor Standards and Enforcement (County of San Diego).
Complaints concerning the City’s Minimum Wage, Outstanding Sick Days, Living Wage, and Prevailing Wage legislation are accepted by the Compliance Department (City of San Diego).
Over 180 federal statutes are administered and enforced by the DOL (Department of Labor). Among many other issues, its Wage & Hour Division takes complaints on minimum wage and other pay and hour-related issues.
Grievances regarding wage and hour matters in the state of California are processed by the DLSE (Division of Labor Standards Enforcement) or the Labor Commissioner of the Department of Industrial Relations.
The OSHA (Occupational Safety and Health Administration) under federal control and its California counterpart Cal/OSHA provide and ensure the information concerning the health and safety of the employees.
Harassment at work, discrimination, & retaliation are under the jurisdiction of the CRD (Civil Rights Department, formerly known as the Department of Fair Employment & Housing) which is managed by the California government, and the EEOC (Equal Employment Opportunity Commission) under the Federal control.
The EDD (Employment Development Department) of the California government provides information/details regarding unemployment benefits in California, paid family leave in California, and disability in California. Additionally, it can assist in obtaining resources for job training and a new job.

5. Can I take rest and meal breaks?

Indeed. During a usual eight-hour work shift, non-exempt workers have the right to two paid ten-minute rest breaks and one unpaid thirty-minute meal break (as per California law). Before the conclusion of the 5^th hour of work, employees must take their off-duty breaks for food. For every 4 hours worked (or a significant portion of four hours), employees are entitled to ten-minute off-duty rest periods. These rest periods must occur “as far as practical” during a work period.

6. Is it mandatory for all employers to obtain workers’ compensation insurance?

Indeed, according to Labor Code Section 3700, all California employers who use workers’ labor (including members of the family) are required to obtain employees’ compensation insurance. It can be costly if you don’t have employee compensation insurance for the staff since the DLSE must issue and enforce a stop order or penalty assessment that forbids using employee labor going forward until you comply.

The penalty for not having workers’ compensation insurance, which went into effect on 1^st Jan 2011, is equal to the higher of (1) double the amount the company would have paid in premiums during the time the company was without insurance, or (2) 1500 dollars for each employee. Still, there are also exceptions for companies where the officers are the only shareholders and partnerships where the partners are the only ones working; in these situations, the corporation, directors, and officers are only subject to the Workers’ Compensation rules via an election.

7. Does COVID-19 qualify for sick leave?

Yes. The 2022 COVID-19 Supplementary Paid Sick Leave allows eligible workers to take a maximum of eighty hours of paid leave associated with COVID-19. Of those, a maximum of forty hours can be used for isolation and quarantine, vaccinations, and looking after a child whose educational institution or place of childcare is closed. The additional 40 hours can be taken only if an employee or a family member they are caring for tests positive.

8. Is it possible for businesses to mandate that their workers get a COVID-19 test or vaccination?

Yes. An employer who can showcase that an unvaccinated worker represents a direct threat due to a critical risk of a significant adverse effect on the safety or health of the individual in question or others and that such threat cannot be mitigated or eliminated by reasonable accommodation may (1) make it mandatory for staff members to get vaccinated in addition to getting tested and (2) stop unvaccinated workers from working.

Employers continue to be obliged to engage in the interactive process and make a reasonable accommodation to employees with a disability who cannot get the vaccine and those with a sincerely held religious belief against immunization. Any additional costs and time needed during testing and vaccination should be paid by the employers.

9. Do I have overtime pay due?

All overtime exceeding eight hours a day and forty hours in a single week shall be compensated at least 1.5 times the base wage.

10. Misclassification: What is it?

When a company wrongly labels their workers to be independent contractors, they avoid paying minimum wage, payroll taxes, overtime, and other wage & hour legislation obligations including offering meal breaks and rest intervals. This is known as misclassification of workers. When a company classifies a staff member as an independent contractor despite the fact that the worker should be treated as an employee, it is referred to as misclassification, and it does hurt both companies that act lawfully and basic worker protections, such as paid sick days, minimum wage, and on-the-job safety.

The worker who has been misclassified is also not entitled by law to join or create a union, have family leave, unemployment insurance, workers compensation insurance in case of an on-the-job injury as well as protection against employer retaliation.

11. Describe Retaliation

A company could discipline a worker, applicant, or another covered individual because of a protected activity, including complaining to a government agency or in court or participating in an investigation of alleged misconduct in their place of work. This is termed as retaliation which is unlawful discrimination.

An illustration of the negative practices that can be adopted by employers constitutes the dismissal of an employee, demotion, reprimand, harassment, creating a hostile work environment, not paying the minimum wage in San Diego, failure to hire or promote, lay-offs, black listing, transferring to a different position, altering duties and responsibilities, refusal of overtime, cut in wages, denial of benefits, threat, and constructive dismissal.

Wages

1. Who should I speak with because I didn’t receive my last salary on time?

Workers who resign are required to get their last paycheck within seventy-two hours of announcing their departure. Due payment for fired employees must happen on the same day that they are let go. You ought to get your last payment from your previous employer, submit a claim to the Labor Commissioner, or get legal counsel.

2. What should I do if I’m not receiving the minimum wage in San Diego?

You should seek legal counsel, submit a claim to the Labor Commissioner, or request that your company pay you accurately.

3. When am I entitled to overtime compensation?

In any given week, compensation for every hour exceeding eight hours a day and forty hours a week should be at least 1.5 times the base salary.

4. Prevailing wage: Who should get it?

The prevailing wages are the minimum hourly rates established by the government for tradespeople working on projects that involve public works, whether federal or state. These rates incorporate fringe benefits such as health insurance, vacations, and pensions. This amount is not considered the minimum wage.

Hours, Beaks, or Meals

1. What can I do since I’m not getting breaks from my employer?

You should make a claim to the Labor Commissioner, encourage your employer to comply with state law regarding breaks, or get legal counsel. According to the law in California, non-exempt workers are entitled to 2 paid ten-minute rest breaks and one unpaid thirty-minute meal break during a usual 8-hour workday.

Off-duty breaks for meals must be given to employees prior to the conclusion of the 5^th hour of work. Ten-minute off-duty rest periods must be provided to employees for every 4 hours worked, or a significant portion of four hours. These rest periods must occur “as far as practical” during a work period.

2. Does my company have to provide me with sick leave?

In California, it is generally required that workers receive a minimum of one hour of leave for illness for every thirty hours of employment. Employers may set a 24-hour or 3-day annual sick leave accumulation cap, whichever is higher. Companies with over 26 workers are also required to provide up to 2 workweeks or 80 hours of COVID-19 extra paid sick leave.

3. Who should I tell if I don’t have enough time to pump the breast milk?

You ought to find legal counsel, submit a claim to the Labor Commissioner, or request that your employer provide you enough time to pump.

Employment Law: San Diego County

1. When must I provide a worker’s last paycheck?

After giving notice of their departure, employees must get their last paycheck within seventy-two hours. On the exact same day that they are fired, employees must receive their compensation.

2. What are the required meal and break periods?

During a usual eight-hour work shift, non-exempt workers have the right to two paid ten-minute rest breaks and one unpaid thirty-minute meal break (as per California law). Before the conclusion of the 5^th hour of work, employees must take their off-duty breaks for food. For every 4 hours worked (or a significant portion of four hours), employees are entitled to ten-minute off-duty rest periods. These rest periods must occur “as far as practical” during a work period.

Have a quick question? We answered nearly 2000 FAQs.

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Minimum Wage in San Diego 2025: Updated City and County Pay Rates for Employers

Introduction

FAQs

Wages

Hours, Beaks, or Meals

Employment Law: San Diego County

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