San Diego wage and hour
San Diego Wage and Hour Lawyer
Unpaid overtime, missed breaks, or sub minimum pay in San Diego? The city rate is $17.75 in 2026, above the state floor.
This page covers wage and hour for San Diego employees. For the statewide rules see California wage and hour, and for other San Diego claims see the San Diego hub.
Your Deadline Is Already Running
Three years for most wage claims, or four under the UCL.
See the full deadline table.
Is Your San Diego Paycheck Short?
Clocked out but still working, which is off the clock work under Labor Code 1194. No second meal break on a double, under Labor Code 512 and 226.7. Paid $16.90 when the city floor is $17.75, under the San Diego minimum wage ordinance. Tips skimmed by managers, under Labor Code 351.
What Is the Minimum Wage in San Diego Right Now?
Category 2026 figure City of San Diego, 2+ hours per week in city limits $17.75 per hour, from January 1, 2026 State floor $16.90 per hour Fast food, 60 or more national locations $20.00 per hour Healthcare under SB 525 $19.28 to $25.00 by tier Hospitality, hotels 150+ rooms and amusement parks, from July 1 2026 $19.00 per hour Hospitality, event centers, from July 1 2026 $21.06 per hour
The highest applicable rate controls. Worked example: a Gaslamp server paid $16.90 is short $0.85 per hour against the $17.75 city rate, about $1,768 a year at full time, plus penalties. A covered event center employee paid $17.75 is short $3.31 per hour against $21.06 once the July 2026 ordinance applies.
Who Enforces Wage Rights Here, the City or the State?
A dual path unique to San Diego. The City Office of Labor Standards Enforcement handles the local ordinance and sick leave. The Labor Commissioner, the state office that handles unpaid wage claims, is at 7575 Metropolitan Drive, Room 210. Or you can go straight to Superior Court with counsel.
Waiting time penalties under Labor Code 203, meaning daily wage times up to 30 days, and break premiums under Labor Code 226.7, one hour at the regular rate per day per violation type, can stack.
Run the numbers: waiting time calculator, break penalty calculator.
Where San Diego Wage Theft Concentrates
Hospitality. Gaslamp and bayfront hotels, with off the clock room prep and banquet service charge skimming. Remember, no tip credit exists in California.
Biotech and labs. Salaried lab techs under the $70,304 exempt floor, misclassified as exempt when they were owed overtime.
Security and ship repair. Unpaid pre shift gear and screening time.
For repeat, company wide violations, a PAGA or class action may fit using post reform numbers. See class action and PAGA.
Can My Employer Fire Me for Claiming Unpaid Wages?
No. Labor Code 98.6 makes that retaliation, which adds a claim. Your review is confidential. See retaliation.
Find Out Where You Stand
Three questions and a phone number. An attorney reads every one, and you hear back within one business day.
San Diego Wage and Hour FAQ
How Far Back Can I Claim?
Three years, or four under the UCL.
Do I Get Penalties on Top of the Wages?
Often yes. Waiting time and wage statement penalties, plus break premiums.
City Ordinance or State Claim, Which?
It depends on the violation. The OLSE handles the city ordinance, the Labor Commissioner handles state claims.
What If I Was Paid Cash?
You keep full rights, and hours can be reconstructed from other records.
Employment Law Resources
- City of San Diego, Earned Sick Leave and Minimum Wage Ordinance and OLSE: sandiego.gov
- City of San Diego, Hospitality Minimum Wage Ordinance effective July 1 2026: sandiego.gov
- Labor Code section 203, waiting time penalties: leginfo
- Labor Code section 1194, minimum wage and overtime recovery: leginfo
Tell Us What Happened
One business day for a response. You pay nothing unless we win.