In Berkeley, the scheduling law reaches security and building services too. Schedules go out two weeks ahead.

Which Berkeley employers does the Fair Workweek Ordinance cover, what does it require, and what does the city add to California law?

Verified on November 12, 2026 against the Berkeley Municipal Code, the City's official notices and the California Labor Code·What changed on this page

14days

ahead, the notice employees get of their work schedules1

56employees

globally, with 10 or more in Berkeley, for building services, health care, hotel, manufacturing, retail and warehouse employers2

$19.61

an hour, the city minimum wage since July 1, 20263

What does the Berkeley Fair Workweek Ordinance require?

Berkeley's Fair Workweek Ordinance covers employers with 10 or more employees in Berkeley that are primarily engaged in building services, health care, hotel, manufacturing, retail or warehouse services and employ 56 or more globally2. Restaurants, nonprofits in those industries, and retail or restaurant franchisees whose franchise network employs 100 or more are covered from 100 globally, and building services include security services24.

Schedules go out at least two weeks ahead5. A change with less than 14 days' notice costs 1 hour of predictability pay, and a cut or cancellation with less than 24 hours' notice up to 4 hours6.

The city minimum wage is $19.61 an hour3.

Which dates matter in Berkeley?

  1. The Fair Workweek Ordinance becomes operational

    For all covered employers and employees7.

  2. City minimum wage: $19.61

    On July 1 of each year the minimum wage rises by the prior calendar year's CPI-W for the San Francisco-Oakland-Hayward area38.

  3. State minimum wage: $17.40

    Berkeley's $19.61 is higher, and where a local rate is higher it is the one paid9310.

Past or upcoming as of November 12, 2026.

What changes in the week in Berkeley?

When you hire

The employer gives each employee a written good faith estimate of their work schedule5.

When you build the schedule

The schedule is posted at the workplace or sent electronically, with access at the workplace, at least two weeks ahead5.

An employee may decline work hours that start less than 11 hours after the end of the previous shift. If they agree in writing, those hours are paid at 1.5 times the regular rate11.

When the schedule changes

The employer gives written notice of a change within 24 hours of making it, and the employee may decline previously unscheduled hours added with less than 14 days' notice12.

Predictability pay per shift: 1 hour with less than 14 days' but 24 hours or more notice. With less than 24 hours, 4 hours or the hours cut, whichever is less, for a cut or cancellation, and 1 hour for additions and other changes6. It is in addition to regular pay6.

When you need more hours

Before hiring, including through a temporary or staffing agency, the employer offers additional hours to qualified part-time employees who have worked for it for more than two weeks and are not already scheduled at those hours13. They have 24 hours to accept in writing13.

When someone calls in sick

Under Berkeley's Paid Sick Leave Ordinance, each employee earns 1 hour for every 30 hours worked, and employers allow accrual of at least 72 hours a year; the city lets small businesses with fewer than 25 employees cap accrual at 48 hours a year14.

State law also applies: an employer must allow use of at least five days or 40 hours a year, whichever is more15, and may cap accrual at 10 days or 80 hours, whichever is more16. Where both apply, the Labor Commissioner says the employer provides “the provision or benefit that is most generous to the employee”17.

In payroll

The city minimum wage is $19.61 an hour from July 1, 20263.

Covered health care facilities have their own state minimum wage, set by type of facility. Since July 1, 2026 it is $25 an hour at hospitals or health systems with 10,000 or more full-time employees, and $23 at covered facilities that are in none of the other categories and not run by a county1819. Other types of facility have their own rates, in the table on the California page. Fast food workers covered by the state law “must be paid at least $20.00 per hour”20. When requirements conflict, the Labor Commissioner says the employer follows “the stricter standard”21.

California's daily overtime also applies: past 8 hours in a workday at 1.5 times the regular rate, and past 12 at twice the regular rate22.

With a union agreement

All or part of the ordinance can be waived in a bona fide collective bargaining agreement, but only if the waiver is explicit and in clear and unambiguous terms23.

Watch for

  • No predictability pay for mutually agreed shift swaps or coverage, for changes the employee initiates, or when operations cannot begin or continue because of threats, utility failures, acts of nature or other causes outside the employer's control24.
  • Small transitions. Nor when an employee works no more than thirty minutes past the shift to finish serving a customer, or starts or ends no more than ten minutes early or late, paid at the regular rate24.
  • Manufacturing and health care. Nor when outside events cut a manufacturer's need for staff, or in health care disasters, specialized procedures and unexpected surges in demand24.
  • Who counts. All employees, full-time, part-time or temporary, at any location, including those supplied by a temporary or staffing agency2.
  • Who is not a covered employee. Employees exempt from overtime under Labor Code § 510, and those paid a monthly salary equivalent to at least 40 hours a week at twice the Berkeley minimum wage25.
  • Asking for a different schedule. Under the city's Family Friendly and Environment Friendly Workplace Ordinance, employees may request a flexible or predictable schedule. Employers with ten or more employees respond in writing within 21 days, with a business reason for any denial; it covers employees with at least three months of service who work at least eight hours a week2627.

What does California add in Berkeley?

State law applies in the city as everywhere in California. Daily overtime starts after 8 hours in a workday, and double time after 12 hours22.

The state minimum wage goes to $17.40 on January 1, 2027; where a city's rate is higher, employees are paid the city's910.

What does an employer have to be able to show?

For at least three years, for each employee, the employer keeps28:

  • Name, hours worked and pay rate28.
  • The initial posted schedule and every later change to it28.
  • Consent to work hours where the ordinance requires consent28.
  • When and how additional hours were offered to existing staff28.

What does the ordinance leave open?

Whether a contractor is "primarily engaged" in building services. Coverage turns on the industry the employer is primarily engaged in2, and building services include janitorial and security services4. The chapter does not define primarily engaged. For a company with several lines of business, confirm it with your counsel.

The right-to-rest premium and overtime on the same hours. § 13.102.080 pays 1.5 times for hours worked less than 11 hours after a shift11, and § 510 pays its own premium past 8 hours in a day22. Neither text says how the two combine. Confirm it with your counsel.

What does the ordinance say exactly?

a. This chapter shall apply to: the City of Berkeley as an employer, and any employer in the City of Berkeley with 10 or more employees in the City of Berkeley that is: 1. primarily engaged in the building services, healthcare, hotel, manufacturing, retail, or warehouse services industries, and employs 56 or more employees globally; or 2. primarily engaged in the restaurant industry, and employs 100 or more employees globally; or 3. a franchisee primarily engaged in the retail or restaurant industries and is associated with a network of franchises with franchisees employing in the aggregate 100 or more employees globally; or 4. a not-for-profit corporation organized under Section 501 of the United States Internal Revenue Code in the industries specified under subsection (a)(1), (2), and (3) and employs 100 or more employees globally. […] b. In determining the number of employees performing work for a covered employer during a given week, all employees performing work for the covered employer for compensation on a full-time, part-time, or temporary basis, at any location, shall be counted, including employees made available to work through the services of a temporary services or staffing agency or similar entity.
Berkeley Mun. Code § 13.102.030(a)-(b) · official text · source 2
Berkeley Mun. Code § 13.102.020(a) building services
a. "Building services" means the care and maintenance of property, including, but not limited to, janitorial services, building and grounds maintenance services, and security services.
Berkeley Mun. Code § 13.102.020(a) · official text · source 4
Berkeley Mun. Code § 13.102.050 two weeks' notice
a. Initial Estimate of Minimum Hours. An employer shall provide each employee with a good faith estimate in writing of the employee’s work schedule. […] b. Two Weeks’ Advance Notice of Work Schedule. A covered employer shall provide its employees with at least two weeks’ notice of their work schedules by doing one of the following: 1. posting the work schedule in a conspicuous place at the workplace that is readily accessible and visible to all employees; or 2. transmitting the work schedule by electronic means, so long as all employees are given access to the electronic schedule at the workplace.
Berkeley Mun. Code § 13.102.050(a)-(b) · official text · source 5
Berkeley Mun. Code § 13.102.060(c) predictability pay
c. Predictability Pay for Schedule Changes. Subject to the exceptions in subsections (d) and (e) of this section, a covered employer shall provide an employee with the following compensation per shift for each previously scheduled shift that the covered employer adds or subtracts hours, moves to another date or time, cancels, or each previously unscheduled shift that the covered employer adds to the employee’s schedule: 1. with less than 14 days notice, but 24 hours or more notice to the employee: one hour of predictability pay; 2. with less than 24 hours notice to the employee, (i) When hours are cancelled or reduced, four hours or the number of cancelled or reduced hours in the employee’s scheduled shift, whichever is less; (ii) For additions and all other changes, one hour of predictability pay. The compensation required by this subsection shall be in addition to the employee’s regular pay for working such shift.
Berkeley Mun. Code § 13.102.060(c) · official text · source 6
Berkeley Mun. Code § 13.102.060(d)-(e) the exceptions
d. Scheduling Exceptions. The requirements of this section shall not apply under any of the following circumstances: 1. Mutually agreed-upon work shift swaps or coverage arrangements among employees; 2. Employee initiated voluntary shift modifications, such as voluntary requests to leave a scheduled shift prior to the end of the shift or to use sick leave, vacation leave, or other policies offered by the Employer. […] 3. To accommodate the following transitions in shifts: (i) If an employee works no more than thirty minutes past the end of a scheduled shift to complete service to a customer, provided the employee is compensated at their regular rate of pay for the additional work performed by the employee. […] (ii) An employee begins or ends their scheduled shift no more than ten minutes prior to or after the scheduled shift, provided the employee is compensated at their regular rate of pay for the additional work performed by the employee. […] e. Operational Exceptions. The requirements of this section shall not apply under any of the following circumstances: 1. Operations cannot begin or continue due to threats to covered employers, employees or property, or when civil authorities recommend that work not begin or continue; 2. Operations cannot begin or continue because public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities or sewer system; 3. Operations cannot begin or continue due to acts of nature (including but not limited to flood, fire, explosion, earthquake, tidal wave, drought), pandemic, war, civil unrest, strikes, or other cause not within the covered employer’s control; […] 4. When, in manufacturing, events outside of the control of the manufacturer result in a reduction in the need for covered employees, including, but not limited to, when a customer requests the manufacturer to delay production or there is a delay in the receipt of raw materials or component parts needed for production; or […] 5. With regard to healthcare employers, in (i) any declared national, State, or municipal disaster or other catastrophic event, or any implementation of an Employer’s disaster plan, or incident causing a hospital to activate its Emergency Operations Plan that is reasonably expected to substantially affect or increase the need for healthcare services; (ii) any circumstance in which patient care needs require specialized skills through the completion of a procedure; or (iii) any unexpected substantial increase in demand for healthcare due to large public events, severe weather, violence, or other circumstances beyond the healthcare employer’s control.
Berkeley Mun. Code § 13.102.060(d)-(e) · official text · source 24
Berkeley Mun. Code § 13.102.070 offering hours to part-time staff
a. Subject to the limitations in this chapter, before hiring new employees, including hiring through the use of temporary services or staffing agencies, a covered employer shall first offer additional hours of work to existing part-time employee(s) who have worked on behalf of the employer for more than two weeks, if the part-time employee(s) are qualified to do the additional work, as reasonably and in good faith determined by the covered employer, and if the additional hours needed are not the same hours the part-time employee is scheduled to work. […] 1. Part-time employees shall have 24 hours to accept an offer of additional hours of work under this section, after which time the covered employer may hire new employees to work the additional hours. 2. The 24-hour period referred to in this subsection begins either when the employee receives the written offer of additional hours, or when the covered employer posts the offer of additional hours as described in subsection (d) of this section, whichever is sooner. A part-time employee who wishes to accept the additional hours must do so in writing.
Berkeley Mun. Code § 13.102.070(a), (c) · official text · source 13
Berkeley Mun. Code § 13.102.080 the right to rest
a. An employee has the right to decline work hours that occur less than 11 hours after the end of the previous shift. b. An employee who agrees in writing to work hours described in this section shall be compensated at one and one-half times the employee’s regular rate of pay for any hours worked less than 11 hours following the end of a previous shift.
Berkeley Mun. Code § 13.102.080 · official text · source 11
Berkeley Mun. Code § 13.102.040 union waiver
the requirements of all or of specific portions of this chapter may be waived in a bona fide collective bargaining agreement, but only if the waiver is set forth explicitly in such agreement in clear and unambiguous terms.
Berkeley Mun. Code § 13.102.040 · official text · source 23
City of Berkeley, official notice paid sick leave
Paid Sick Leave Ordinance (BMC 13.100): Each employee shall earn one hour of Paid Sick Leave for every 30 hours worked. Employers must allow employees to accrue at least 72 hours of Paid Sick Leave each year. Small businesses with fewer than 25 employees may cap the accrual at 48 hours per year.
Berkeley Mun. Code ch. 13.100 (Paid Sick Leave), City official notice (July 2026) · official text · source 14

How does a system hold the hour and rest rules?

In Berkeley, state hour limits and the city's right to rest land on the same schedule and the same timecard. This is how WorkAxle holds them:

  1. Daily and weekly hours, consecutive days and rest between shifts are set up as rules, each with its start date.
  2. While the schedule is built, the platform flags each shift that breaks one of those rules and names the rule. The supervisor decides.
  3. Each clock-in and clock-out is recorded with its time, and at the close of the period hours come out classified by your rules, ready for your payroll system.

The supervisor keeps the last word.

What can you check this week?

  • Count your employees in Berkeley and globally, temporary and agency staff included, the way § 13.102.030 counts them2.
  • If you provide security or janitorial services in Berkeley, read § 13.102.020(a) and § 13.102.030 side by side42.
  • Find shifts that started less than 11 hours after the employee's previous shift, and the written agreement for them11.
  • Check that each change to a posted schedule was sent in writing within 24 hours12.

Frequently asked questions

Who is covered by the Berkeley Fair Workweek Ordinance?

Employers with 10 or more employees in Berkeley that are primarily engaged in building services, health care, hotel, manufacturing, retail or warehouse services and employ 56 or more globally, restaurants with 100 or more globally, and some franchisees and nonprofits2.

Does Berkeley's Fair Workweek Ordinance cover security guards?

The ordinance covers employers primarily engaged in building services that meet its size thresholds2, and it defines building services to include security services4.

How much notice of the schedule does Berkeley require?

At least two weeks, posted at the workplace or sent electronically with access at the workplace5.

How much is predictability pay in Berkeley?

1 hour with less than 14 days' but 24 hours or more notice. With less than 24 hours, 4 hours or the hours cut, whichever is less, for a cut or cancellation, and 1 hour for other changes6.

What is Berkeley's right to rest?

An employee may decline hours less than 11 hours after the previous shift; hours worked there with written agreement are paid at 1.5 times the regular rate11.

What is the minimum wage in Berkeley?

$19.61 an hour from July 1, 2026, raised each July 1 by the prior year's CPI-W for the San Francisco-Oakland-Hayward area38. Covered health care facilities have their own state minimum wage, set by type of facility: since July 1, 2026, $25 an hour at hospitals or health systems with 10,000 or more full-time employees and $23 at covered facilities that are in none of the other categories and not run by a county; other types of facility have their own rates1819. Fast food workers covered by the state law “must be paid at least $20.00 per hour”20. Where requirements conflict, the employer follows the stricter standard21.

How much paid sick leave does Berkeley require?

1 hour for every 30 hours worked, with accrual of at least 72 hours a year; the city lets businesses with fewer than 25 employees cap accrual at 48 hours a year14. State law also requires use of at least five days or 40 hours a year, whichever is more15, and lets an employer cap accrual at 10 days or 80 hours, whichever is more16; the most generous provision applies17.

https://www.workaxle.com/compliance-center/united-states/california/berkeley

Sources

  1. Berkeley Mun. Code ch. 13.102, official notice. “Employers must provide employees with at least 14 days’ notice of their work schedules.”https://berkeleyca.gov/sites/default/files/documents/Fair%20Workweek%20Public%20Notice_City%20of%20Berkeley_January%202024%20%28English%29.pdf · Official notice published by the agency · Verified on November 12, 2026
  2. Berkeley Mun. Code § 13.102.030(a)-(b). “a. This chapter shall apply to: the City of Berkeley as an employer, and any employer in the City of Berkeley with 10 or more employees in the City of Berkeley that is: 1. primarily engaged in the building services, healthcare, hotel, manufacturing, retail, or warehouse services industries, and employs 56 or more employees globally; or 2. primarily engaged in the restaurant industry, and employs 100 or more employees globally; or 3. a franchisee primarily engaged in the retail or restaurant industries and is associated with a network of franchises with franchisees employing in the aggregate 100 or more employees globally; or 4. a not-for-profit corporation organized under Section 501 of the United States Internal Revenue Code in the industries specified under subsection (a)(1), (2), and (3) and employs 100 or more employees globally. […] b. In determining the number of employees performing work for a covered employer during a given week, all employees performing work for the covered employer for compensation on a full-time, part-time, or temporary basis, at any location, shall be counted, including employees made available to work through the services of a temporary services or staffing agency or similar entity.”https://berkeley.municipal.codes/BMC/13.102 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  3. Berkeley Mun. Code ch. 13.99. “$19.61/hour: Effective July 1, 2026”https://berkeleyca.gov/doing-business/operating-berkeley/workforce-standards-and-enforcement · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  4. Berkeley Mun. Code § 13.102.020(a). “a. "Building services" means the care and maintenance of property, including, but not limited to, janitorial services, building and grounds maintenance services, and security services.”https://berkeley.municipal.codes/BMC/13.102 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  5. Berkeley Mun. Code § 13.102.050(a)-(b). “a. Initial Estimate of Minimum Hours. An employer shall provide each employee with a good faith estimate in writing of the employee’s work schedule. […] b. Two Weeks’ Advance Notice of Work Schedule. A covered employer shall provide its employees with at least two weeks’ notice of their work schedules by doing one of the following: 1. posting the work schedule in a conspicuous place at the workplace that is readily accessible and visible to all employees; or 2. transmitting the work schedule by electronic means, so long as all employees are given access to the electronic schedule at the workplace.”https://berkeley.municipal.codes/BMC/13.102 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  6. Berkeley Mun. Code § 13.102.060(c). “c. Predictability Pay for Schedule Changes. Subject to the exceptions in subsections (d) and (e) of this section, a covered employer shall provide an employee with the following compensation per shift for each previously scheduled shift that the covered employer adds or subtracts hours, moves to another date or time, cancels, or each previously unscheduled shift that the covered employer adds to the employee’s schedule: 1. with less than 14 days notice, but 24 hours or more notice to the employee: one hour of predictability pay; 2. with less than 24 hours notice to the employee, (i) When hours are cancelled or reduced, four hours or the number of cancelled or reduced hours in the employee’s scheduled shift, whichever is less; (ii) For additions and all other changes, one hour of predictability pay. The compensation required by this subsection shall be in addition to the employee’s regular pay for working such shift.”https://berkeley.municipal.codes/BMC/13.102 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  7. Berkeley Mun. Code ch. 13.102, City official notice (January 2024). “Operational on January 12, 2024.”https://berkeleyca.gov/sites/default/files/documents/Fair%20Workweek%20Public%20Notice_City%20of%20Berkeley_January%202024%20%28English%29.pdf · Official notice published by the agency · Verified on November 12, 2026
  8. Berkeley Mun. Code ch. 13.99, City official notice (July 2026). “Future increases: On July 1 of each year, the Minimum Wage will increase by the prior calendar year's increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the San Francisco-Oakland-Hayward area.”https://berkeleyca.gov/sites/default/files/2026-04/MinimumWagePublicNotice-July2026-English-ADA_0.pdf · Official notice published by the agency · Verified on November 12, 2026
  9. DIR News Release, August 13, 2026 (Lab. Code § 1182.12(c)). “Beginning January 1, 2027, California’s statewide minimum wage will increase to $17.40 per hour […] On July 31, 2026, the Department of Finance certified the minimum wage increase for 2027”https://www.dir.ca.gov/DIRNews/2026/2026-66.html · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  10. Labor Commissioner's Office, Minimum Wage FAQ. “Similarly, if a local entity (city or county) has adopted a higher minimum wage, employees must be paid the local wage where it is higher than the state or federal minimum wage rates.”https://www.dir.ca.gov/dlse/faq_minimumwage.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  11. Berkeley Mun. Code § 13.102.080. “a. An employee has the right to decline work hours that occur less than 11 hours after the end of the previous shift. b. An employee who agrees in writing to work hours described in this section shall be compensated at one and one-half times the employee’s regular rate of pay for any hours worked less than 11 hours following the end of a previous shift.”https://berkeley.municipal.codes/BMC/13.102 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  12. Berkeley Mun. Code § 13.102.060(a)-(b). “a. Notice. A covered employer shall provide an employee written notice of any change to the employee’s posted or transmitted work schedule within 24 hours of a schedule change. This notice requirement shall not apply to any schedule changes the employee initiates. b. Right to Decline. Subject to the exceptions in subsections (d) and (e) of this section, an employee has the right to decline any previously unscheduled hours that the covered employer adds to the employee’s schedule, and for which the employee has been provided advance notice of less than 14 days before the first day of any new schedule.”https://berkeley.municipal.codes/BMC/13.102 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  13. Berkeley Mun. Code § 13.102.070(a), (c). “a. Subject to the limitations in this chapter, before hiring new employees, including hiring through the use of temporary services or staffing agencies, a covered employer shall first offer additional hours of work to existing part-time employee(s) who have worked on behalf of the employer for more than two weeks, if the part-time employee(s) are qualified to do the additional work, as reasonably and in good faith determined by the covered employer, and if the additional hours needed are not the same hours the part-time employee is scheduled to work. […] 1. Part-time employees shall have 24 hours to accept an offer of additional hours of work under this section, after which time the covered employer may hire new employees to work the additional hours. 2. The 24-hour period referred to in this subsection begins either when the employee receives the written offer of additional hours, or when the covered employer posts the offer of additional hours as described in subsection (d) of this section, whichever is sooner. A part-time employee who wishes to accept the additional hours must do so in writing.”https://berkeley.municipal.codes/BMC/13.102 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  14. Berkeley Mun. Code ch. 13.100 (Paid Sick Leave), City official notice (July 2026). “Paid Sick Leave Ordinance (BMC 13.100): Each employee shall earn one hour of Paid Sick Leave for every 30 hours worked. Employers must allow employees to accrue at least 72 hours of Paid Sick Leave each year. Small businesses with fewer than 25 employees may cap the accrual at 48 hours per year.”https://berkeleyca.gov/sites/default/files/2026-04/MinimumWagePublicNotice-July2026-English-ADA_0.pdf · Official notice published by the agency · Verified on November 12, 2026
  15. Labor Commissioner's Office, Paid Sick Leave FAQ (Lab. Code § 246). “Starting on January 1, 2024, an employer must allow an employee to use at least five days or 40 hours, whichever is more (refer to DLSE Opinion Letter 2015.08.07). Therefore, for example, if an employee works 10‑hour days, the employee will be entitled to use at a minimum 50 hours of paid sick leave.”https://www.dir.ca.gov/dlse/paid_sick_leave.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  16. Labor Commissioner's Office, Paid Sick Leave FAQ (Lab. Code § 246). “Yes, but an employer may limit or cap the overall amount of sick leave an employee may accrue to 10 days or 80 hours, whichever is more.”https://www.dir.ca.gov/dlse/paid_sick_leave.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  17. Labor Commissioner's Office, Paid Sick Leave FAQ (Lab. Code § 246). “The employer must provide the paid sick leave required by the local ordinance if it is higher than the requirements of state law. In general, if employees are subject to local sick leave ordinances, the employer must comply with both the local and California laws, which may differ in some respects. The employer must provide the provision or benefit that is most generous to the employee. The only exception to this general rule is that as of January 1, 2024, local ordinances cannot contradict the state paid sick leave law requirements regarding the lending of paid sick leave, paystub statements, calculation of paid sick leave, providing notice if the leave is foreseeable, timing of payment of paid sick leave, and whether payment of sick leave is required upon termination. If a local ordinance contradicts the state law on these specific topics, the state law prevails over (preempts) the local law.”https://www.dir.ca.gov/dlse/paid_sick_leave.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  18. Lab. Code §§ 1182.14-1182.16, Labor Commissioner's Health Care Worker Minimum Wage FAQ. “Hospital or integrated health system with 10,000 or more full-time employees (including skilled nursing facilities operated by these employers) 10/16/24 to 6/30/25: $23 7/1/25 to 6/30/26: $24 7/1/26 to 12/31/27: $25 1/1/28: adjusted for inflation each year”https://www.dir.ca.gov/dlse/Health-Care-Worker-Minimum-Wage-FAQ.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  19. Lab. Code §§ 1182.14-1182.16, Labor Commissioner's Health Care Worker Minimum Wage FAQ. “All other covered health care facilities not listed in the other categories and not run by Counties 10/16/24 to 6/30/26: $21 7/1/26 to 6/30/28: $23”https://www.dir.ca.gov/dlse/Health-Care-Worker-Minimum-Wage-FAQ.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  20. Lab. Code §§ 1474-1476 (AB 1228), Labor Commissioner's Fast Food Minimum Wage FAQ. “Starting April 1, 2024, all “fast food restaurant employees” who are covered by the new law must be paid at least $20.00 per hour.”https://www.dir.ca.gov/dlse/Fast-Food-Minimum-Wage-FAQ.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  21. Labor Commissioner's Office, Minimum Wage FAQ. “The effect of this multiple coverage by different government sources is that when there are conflicting requirements in the laws, the employer must follow the stricter standard; that is, the one that is the most beneficial to the employee.”https://www.dir.ca.gov/dlse/faq_minimumwage.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  22. Cal. Lab. Code § 510(a). “Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=510 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  23. Berkeley Mun. Code § 13.102.040. “the requirements of all or of specific portions of this chapter may be waived in a bona fide collective bargaining agreement, but only if the waiver is set forth explicitly in such agreement in clear and unambiguous terms.”https://berkeley.municipal.codes/BMC/13.102 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  24. Berkeley Mun. Code § 13.102.060(d)-(e). “d. Scheduling Exceptions. The requirements of this section shall not apply under any of the following circumstances: 1. Mutually agreed-upon work shift swaps or coverage arrangements among employees; 2. Employee initiated voluntary shift modifications, such as voluntary requests to leave a scheduled shift prior to the end of the shift or to use sick leave, vacation leave, or other policies offered by the Employer. […] 3. To accommodate the following transitions in shifts: (i) If an employee works no more than thirty minutes past the end of a scheduled shift to complete service to a customer, provided the employee is compensated at their regular rate of pay for the additional work performed by the employee. […] (ii) An employee begins or ends their scheduled shift no more than ten minutes prior to or after the scheduled shift, provided the employee is compensated at their regular rate of pay for the additional work performed by the employee. […] e. Operational Exceptions. The requirements of this section shall not apply under any of the following circumstances: 1. Operations cannot begin or continue due to threats to covered employers, employees or property, or when civil authorities recommend that work not begin or continue; 2. Operations cannot begin or continue because public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities or sewer system; 3. Operations cannot begin or continue due to acts of nature (including but not limited to flood, fire, explosion, earthquake, tidal wave, drought), pandemic, war, civil unrest, strikes, or other cause not within the covered employer’s control; […] 4. When, in manufacturing, events outside of the control of the manufacturer result in a reduction in the need for covered employees, including, but not limited to, when a customer requests the manufacturer to delay production or there is a delay in the receipt of raw materials or component parts needed for production; or […] 5. With regard to healthcare employers, in (i) any declared national, State, or municipal disaster or other catastrophic event, or any implementation of an Employer’s disaster plan, or incident causing a hospital to activate its Emergency Operations Plan that is reasonably expected to substantially affect or increase the need for healthcare services; (ii) any circumstance in which patient care needs require specialized skills through the completion of a procedure; or (iii) any unexpected substantial increase in demand for healthcare due to large public events, severe weather, violence, or other circumstances beyond the healthcare employer’s control.”https://berkeley.municipal.codes/BMC/13.102 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  25. Berkeley Mun. Code § 13.102.020(f). “f. "Employee" shall mean any person who: 1. In a calendar week performs at least two hours of work within the geographic boundaries of the City of Berkeley for a covered employer; 2. Qualifies as an employee entitled to payment of a minimum wage from any employer under the California minimum wage law, as provided under Labor Code Section 1197 and wage orders published by the California Industrial Welfare Commission. Employees shall include learners, as defined by the California Industrial Welfare Commission; and 3. Is (i) not exempt from payment of an overtime rate of compensation pursuant to Labor Code Section 510; and (ii) is not paid a monthly salary equivalent to at least forty hours per week at a rate of pay of twice the minimum wage required by Berkeley Municipal Code Section 13.99.040.”https://berkeley.municipal.codes/BMC/13.102 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  26. Berkeley Mun. Code ch. 13.101, City Workforce Standards and Enforcement page. “Under this ordinance, an employee has the right to request a flexible or predictable work schedule. The employer does not have to grant the request but does have to respond in writing within 21 days. If denying the request, the written response must include a business reason for denial. The ordinance applies to employers with ten or more employees. Employees must have worked at least three months and must work at least eight hours per week on a regular basis to be covered by the ordinance.”https://berkeleyca.gov/doing-business/operating-berkeley/workforce-standards-and-enforcement · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  27. Berkeley Mun. Code ch. 13.101 (Family Friendly and Environment Friendly Workplace), City official notice (July 2026). “Employees have the right to request a flexible or predictable work schedule. Employers must respond in writing within 21 days to any written request from an employee.”https://berkeleyca.gov/sites/default/files/2026-04/MinimumWagePublicNotice-July2026-English-ADA_0.pdf · Official notice published by the agency · Verified on November 12, 2026
  28. Berkeley Mun. Code § 13.102.140. “Each employer shall maintain for at least three years for each employee a record of their name, hours worked, pay rate, initial posted schedule and all subsequent changes to that schedule, consent to work hours where such consent is required by this chapter, and documentation of the time and method of offering additional hours of work to existing staff.”https://berkeley.municipal.codes/BMC/13.102 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026

What changed on this page

  • Page created. Verified against the Berkeley Municipal Code, the City of Berkeley's official notices and the California Labor Code.