Which Bay Area city employment laws apply on top of California law?
September 23, 2026
Oakland, San Francisco, Berkeley, Emeryville and San Jose each add their own wage, sick leave and scheduling rules. Where the work happens decides which apply.
By McKinley Malbrough III, J.D., MS-HRM
Published October 17, 2026.

Short answer
In 2026 the Oakland minimum wage is $17.34, San Jose is $18.45, San Francisco and Berkeley are $19.61 since July 1, and Emeryville is $20.34 since July 1. The state minimum is $16.90 now and rises to $17.40 on January 1, 2027, which is above Oakland’s 2026 rate. Pay the higher of the state and local rate wherever the work is performed.
Rates checked October 17, 2026 on each city’s own page or a named legal source. Local rates change on January 1 or July 1, so recheck before each payroll year.
Bay Area employers answer to two minimum wages at once: the state’s and the city’s. The higher one wins. This page lists the current rate for Oakland, San Francisco, Berkeley, Emeryville and San Jose, the date each took effect and what is already announced for 2027. For the full rulebook in each city, see Bay Area employment ordinances.
Oakland is $17.34, San Jose is $18.45, San Francisco and Berkeley are $19.61, and Emeryville is $20.34, against a state rate of $16.90 that rises to $17.40 on January 1, 2027.
| Jurisdiction | 2026 rate | Effective | Next change |
|---|---|---|---|
| California (state) | $16.90 | January 1, 2026 | $17.40 on January 1, 2027 |
| Oakland | $17.34 | January 1, 2026 | Adjusts each January 1 |
| San Jose | $18.45 | January 1, 2026 | Adjusts each January 1 |
| San Francisco | $19.61 | July 1, 2026 | July 1, 2027 |
| Berkeley | $19.61 | July 1, 2026 | July 1, 2027 |
| Emeryville | $20.34 | July 1, 2026 | July 1, 2027 |
Sources are in the list at the end of this page. Hotel employers have their own rates in some cities, noted below.
The Oakland minimum wage in 2026 is $17.34 an hour under Measure FF, effective January 1, 2026 (City of Oakland). Oakland hotel workers have a separate Measure Z rate of $25.14 an hour without health benefits and $18.85 with them, also effective January 1, 2026. I found no 2027 Oakland rate published as of October 17, 2026. The state’s $17.40 on January 1, 2027 is higher than Oakland’s 2026 rate, so Oakland employers cannot pay less than $17.40 from that date. See Oakland employment laws for employers for sick leave and posting rules.
The San Francisco minimum wage on July 1, 2026 is $19.61 an hour, up from $19.18 (McGuireWoods). It applies to employees who work at least two hours a week in San Francisco, including part-time and temporary workers. San Francisco adjusts each July 1, so the next change is July 1, 2027. The employer rules beyond wages, including health care spending, are in San Francisco employment laws for employers.

Berkeley’s minimum wage is $19.61 an hour effective July 1, 2026, up from $19.18, and it covers employees who work at least two hours in Berkeley (City of Berkeley). Emeryville’s is $20.34 an hour for all businesses effective July 1, 2026, up from $19.90 (City of Emeryville poster). Emeryville’s is the highest of the five. City pages: Berkeley and Emeryville.
San Jose’s minimum wage is $18.45 an hour effective January 1, 2026. The city first announced $18.40 in September 2025 and then corrected the figure to $18.45 (Bloomberg Tax; Davis Wright Tremaine). I found no 2027 San Jose rate published as of October 17, 2026. Other San Jose rules are in San Jose employment laws for employers.
The state minimum wage rises to $17.40 an hour on January 1, 2027, according to the Department of Industrial Relations release of August 13, 2026 (DIR news release). The current state rate is $16.90 (Davis Wright Tremaine). That increase matters most in Oakland, where the city rate is below it. The rest of the 2027 changes are in California new employment laws for 2027.
Two consequences follow for any employer:
Local minimum wages follow where the work is performed, not where your company is headquartered. San Francisco and Berkeley each apply once an employee works two hours in the city. A company based in Walnut Creek with an employee who spends two days a week in San Francisco owes San Francisco’s rate for those hours. Check each person’s work locations, including remote employees, and pay the highest applicable rate for each hour worked. The same logic is explained in Bay Area employment ordinances.

Build a short routine around the two dates when Bay Area rates change, January 1 and July 1.
If you want your payroll and postings checked against every local rule that applies to you, start with the compliance check-up.
Disclosure: I sell HR consulting through Urban Human Resources, so I have a stake in employers getting help with compliance. The rates above come from the cities’ own pages or named legal sources, checked on the date shown, and they change. Urban Human Resources is a consulting firm, not a law firm, and this article is general information, not legal advice. Confirm your rate with the city before you run payroll.
McKinley holds a J.D. but is not a licensed attorney. Articles here are general information, not legal advice. For your specific situation, talk with an employment attorney.
Data current as of October 2026. Sources are linked where each figure appears.
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This article is general information, not legal advice. Laws change and every situation is different; for advice on yours, talk with an employment attorney.
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