What employment rules does Berkeley add for employers?

Berkeley’s rules look like Oakland’s at first glance, but the thresholds are different, and Berkeley is one of only a few California cities with a Fair Workweek law. Employers who operate in both cities often run Oakland’s rules in Berkeley by mistake.

What is Berkeley’s minimum wage?

$19.61 an hour from July 1, 2026, up 43 cents from 2025, the same as San Francisco (CalChamber). It applies to work performed within Berkeley and adjusts every July 1.

How does Berkeley paid sick leave work?

• Employees accrue one hour for every 30 hours worked.
• Employers with fewer than 25 employees, counted company-wide, may cap accrual at 48 hours and annual use at 48 hours.
• Employers with 25 or more may cap accrual at 72 hours but may not cap how much an employee uses in a year.
• State law still sets the floor; apply whichever rule is more generous on each point.

Who does the Fair Workweek Ordinance cover?

Berkeley’s Fair Workweek Ordinance, operational since January 2024, covers employers in listed industries, including retail, food service, hospitality, building services, manufacturing and warehouse work, that have at least 10 employees in Berkeley and meet a company-wide size test. The size test differs by industry, so check the city’s FAQ for yours (City of Berkeley Fair Workweek FAQ).

What does Fair Workweek require?

• Schedules posted at least 14 days in advance, with a good-faith estimate of hours for new hires.
• One hour of predictability pay for a change made with less than 14 days’ but at least 24 hours’ notice.
• For a shift cancelled or cut with less than 24 hours’ notice, four hours of pay or the hours cut, whichever is less.
• At least 11 hours of rest between shifts, or premium pay for the hours inside that window.
• Offering additional hours to existing part-time staff before hiring new people.

Employee-initiated shift swaps do not trigger predictability pay, and the ordinance allows 10 minutes of flex at either end of a shift.

Where this fits

If you also operate in Emeryville, its Fair Workweek rules are similar but cover fewer industries. The Bay Area hub compares all five cities.

Restaurants and cafes carry most of Berkeley's Fair Workweek exposure; the restaurant HR guide covers tip pools, breaks and split shifts alongside it.

Need an HR consultant in Berkeley? I work with Berkeley employers on minimum wage, sick leave and Fair Workweek scheduling, usually starting with a compliance check-up.

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 September 2026. Sources are linked where each figure appears.