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In San José, extra hours go to your part-time staff first. On January 1, 2027, the minimum wage goes to $19.00.

What does San José's Opportunity to Work Ordinance require before an employer hires, and what is the city's minimum wage?

Verified on November 12, 2026 against the City of San José's official notices, its Office of Equality Assurance and the California Labor Code·What changed on this page

36employees

or more, and an employer must offer additional hours to qualified part-time employees before hiring1

$19.00

an hour from January 1, 2027, up from $18.452

4years

to keep schedules, payroll records and written offers of hours3

What does San José's Opportunity to Work Ordinance require?

San José's Opportunity to Work Ordinance applies to employers of 36 or more employees that are subject to the city's business license tax or keep a facility in San José41.

Before hiring new employees, subcontractors or temporary staff, they offer the additional hours to existing qualified part-time employees4, and use a transparent and nondiscriminatory process to share them out5.

The city minimum wage is $18.45 an hour in 2026 and $19.00 from January 1, 202762.

This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the San José Office of Equality Assurance, the California Labor Commissioner's Office or a qualified advisor.

Which dates matter in San José?

  1. The Opportunity to Work Ordinance takes effect

    For employers with 36 or more employees4.

  2. City minimum wage: $18.45

    The rate in force through 20266.

  3. City minimum wage: $19.00

    The state minimum wage rises to $17.40 the same day; San José's rate is higher, and the higher local rate is the one paid278.

Past or upcoming as of November 12, 2026.

What changes in the week in San José?

Before you hire for more hours

The offer goes to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to do the work5. Executive, administrative and professional employees are not covered by the ordinance9.

The employer does not have to offer hours that would be paid at time and a half or another premium rate under any law or union agreement, though it may10.

When you make the offer

The City's FAQ says the ordinance sets no timing requirements on the offer itself, and that employers should give part-time employees “a meaningful opportunity to respond” depending on the work11.

In payroll

The city minimum wage is $18.45 an hour in 2026 and $19.00 from January 1, 202762.

State minimum wages for some industries can be higher: fast food workers covered by the state law “must be paid at least $20.00 per hour”12, and certain health care workers have their own rates13. When requirements conflict, the Labor Commissioner says the employer follows “the stricter standard”14.

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 rate15.

State paid sick leave applies to an employee who works for the same employer for 30 or more days within a year16. The employer must allow use of at least five days or 40 hours, whichever is more, and may cap accrual at 10 days or 80 hours, whichever is more1718.

With a union agreement

The FAQ says the ordinance's provisions may be waived in a bona fide collective bargaining agreement, in clear and unambiguous terms19.

Watch for

  • Who counts toward 36. Individual employees, part-time and full-time. A chain not owned by a franchisee counts every location, in or outside San José; a franchisee counts every location it owns201.
  • Hardship. The Office of Equality Assurance may grant a hardship exemption of up to twelve months to an employer that shows good faith steps and that full, immediate compliance would be impracticable, impossible or futile21.
  • Public employers. The ordinance covers private and nonprofit employers, not government employers1.
When a store is in San FranciscoSan Francisco Formula Retail Employee Rights OrdinancesSan Francisco chain businesses with 40 or more locations worldwide and 20 or more employees in the city post schedules two weeks ahead and pay for late changes.See the ruleWhen a shift runs past 8 hoursCalifornia daily overtime: 8 hours, 12 hours and the seventh dayTime and a half after 8 hours in a workday or 40 in a workweek, double time after 12 hours and after 8 on the seventh day, and the exceptions.See the ruleWhen a city sets the noticePredictive Scheduling Laws by State: 11 Jurisdictions, 2026Oregon is the only statewide mandate; 10 cities and counties have their own. Notice windows, predictability pay and thresholds for all 11 jurisdictions.Read

What does California add in San José?

State law applies in the city as everywhere in California. Daily overtime starts after 8 hours in a workday, and double time after 12 hours15.

California daily overtime: 8 hours, 12 hours and the seventh day15

Meal and rest breaks, reporting time pay and the state's paid sick leave are on the California page.

California labor laws: what changes the schedule and the pay

What does an employer have to be able to show?

The Office of Equality Assurance says employers keep, in writing or electronically, for no less than four years3:

  • Work schedules and employment and payroll records of current and former employees3.
  • Copies of written offers of additional hours to current and former part-time employees3.

The City's FAQ lists civil penalties of $50.00 per day to each employee harmed among the remedies22.

What does the ordinance leave open?

How long the offer stays open. The FAQ says the ordinance places no timing requirements on the offer, and that employers should give “a meaningful opportunity to respond”11. What is meaningful for a given role is not defined. Confirm your practice with your counsel.

What do the City's texts say exactly?

Beginning March 13, 2017, Employers with 36 or more Employees and who are subject to the San Jose Business License Tax or who maintain a facility in San Jose must offer additional work hours to existing qualified part-time Employees before hiring new Employees including subcontractors or the use of temporary staffing services.
San José Mun. Code ch. 4.101 (Opportunity to Work), official notice · official text · source 4
Office of Equality Assurance, OTW FAQ the employer's obligation
A1: Before hiring additional Employees or subcontractors, including hiring through the use of temporary services or staffing agencies, an Employer must offer additional hours of work to existing Employees who, in the Employer’s good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a transparent and nondiscriminatory process to distribute the hours or work among those existing Employees.
Office of Equality Assurance, Opportunity to Work FAQ, employer question 1 · official text · source 5
Office of Equality Assurance, OTW FAQ who is covered
A2: The Ordinance requires employers of 36 or more employees to offer additional work hours to existing qualified part-time employees before hiring new employees including subcontractors or the use of temporary staffing services. […] This definition covers private and non-profit employers. This definition does not cover government employers.
Office of Equality Assurance, Opportunity to Work FAQ (on San José Mun. Code ch. 4.101), general questions 2 and 5 · official text · source 1
Office of Equality Assurance, OTW FAQ counting to 36
A6: Yes. Employers must count individual Employees, both part-time and full-time. For a Chain business that is not owned by a Franchisee, the number of Employees shall be determined by the combined total number of Employees at every location of that Chain business, whether or not located within the City of San Jose. […] For a Franchisee, the number of Employees shall be determined by the combined total number of Employees at every location owned by that Franchisee and operated under the same Franchisee, whether or not located within the City of San Jose.
Office of Equality Assurance, Opportunity to Work FAQ, general question 6 · official text · source 20
Office of Equality Assurance, OTW FAQ premium hours
A5: No. An Employer is not required to offer an Employee work hours if the Employer would be required to compensate the Employee at time-and-a-half or other premium rate under any law or collective bargaining agreement. However, an Employer is not prohibited from offering such work hours.
Office of Equality Assurance, Opportunity to Work FAQ, employer question 5 · official text · source 10
Office of Equality Assurance, OTW FAQ records
A7: Employers must retain the following records (either written and/or electronic) for no less than four years: […] Work schedules and employment and payroll records pertaining to current and former Employees; […] Copies of written offers to current and former Part-Time Employees for additional work hours; and
Office of Equality Assurance, Opportunity to Work FAQ, employer question 7 · official text · source 3
Office of Equality Assurance, OTW FAQ union waiver
However, under the San Jose Minimum Wage Ordinance (Section 4.100.050), the provisions of the Opportunity to Work Ordinance may be waived by a collective bargaining agreement. The Ordinance requires that the waiver must be in a bona fide collective bargaining agreement and must be in clear and unambiguous terms.
Office of Equality Assurance, Opportunity to Work FAQ, employer question 8 (San José Mun. Code § 4.100.050) · official text · source 19
City of San José, minimum wage ordinance page the 2027 rate
Starting January 1, 2027, the City of Santa Jose’s minimum wage will increase from $18.45 (2026 minimum wage rate) to $19.00 per hour.
San José Mun. Code ch. 4.100, City page · official text · source 2

How does a system hold the hour rules?

In San José, California's hour limits land on the same schedule and the same timecard as the city's rules. This is how WorkAxle holds the hour limits:

  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 the way the FAQ counts them, part-time and full-time, across every location of a chain20.
  • For the last time you hired or used a staffing agency in San José, find the written offer of hours to part-time staff3.
  • Write down how offers of hours are shared out; the City's FAQ asks for a transparent and nondiscriminatory process5.
  • Check each San José employee's rate against $19.00 from January 1, 2027, and against any higher state industry rate213.

This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the San José Office of Equality Assurance, the California Labor Commissioner's Office or a qualified advisor.

Frequently asked questions

What is San José's Opportunity to Work Ordinance?

It requires employers of 36 or more employees to offer additional work hours to existing qualified part-time employees before hiring new employees, subcontractors or temporary staffing1.

Who is covered by the Opportunity to Work Ordinance?

Employers with 36 or more employees that are subject to the San José business license tax or maintain a facility in San José4, private and nonprofit alike1.

Does San José require advance notice of schedules?

The Opportunity to Work Ordinance is about offering hours before hiring4. It is not a schedule-notice law like those of Los Angeles or San Francisco2324.

Do employers have to offer overtime hours to part-time employees in San José?

No. The employer does not have to offer hours that would be paid at time and a half or another premium rate, though it may10.

What is the minimum wage in San José in 2027?

$19.00 an hour from January 1, 2027, up from $18.45 in 20262. State rates for fast food and certain health care workers can be higher1312.

How long must San José employers keep Opportunity to Work records?

No less than four years, including schedules, payroll records and written offers of additional hours3.

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

Sources

  1. Office of Equality Assurance, Opportunity to Work FAQ (on San José Mun. Code ch. 4.101), general questions 2 and 5. “A2: The Ordinance requires employers of 36 or more employees to offer additional work hours to existing qualified part-time employees before hiring new employees including subcontractors or the use of temporary staffing services. […] This definition covers private and non-profit employers. This definition does not cover government employers.”https://www.sanjoseca.gov/home/showpublisheddocument/20083/639252317238600000 · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  2. San José Mun. Code ch. 4.100, City page. “Starting January 1, 2027, the City of Santa Jose’s minimum wage will increase from $18.45 (2026 minimum wage rate) to $19.00 per hour.”https://www.sanjoseca.gov/your-government/departments-offices/public-works/labor-compliance/minimum-wage-ordinance · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  3. Office of Equality Assurance, Opportunity to Work FAQ, employer question 7. “A7: Employers must retain the following records (either written and/or electronic) for no less than four years: […] Work schedules and employment and payroll records pertaining to current and former Employees; […] Copies of written offers to current and former Part-Time Employees for additional work hours; and”https://www.sanjoseca.gov/home/showpublisheddocument/20083/639252317238600000 · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  4. San José Mun. Code ch. 4.101 (Opportunity to Work), official notice. “Beginning March 13, 2017, Employers with 36 or more Employees and who are subject to the San Jose Business License Tax or who maintain a facility in San Jose must offer additional work hours to existing qualified part-time Employees before hiring new Employees including subcontractors or the use of temporary staffing services.”https://www.sanjoseca.gov/home/showpublisheddocument/20073/639252317242370000 · Official notice published by the agency · Verified on November 12, 2026
  5. Office of Equality Assurance, Opportunity to Work FAQ, employer question 1. “A1: Before hiring additional Employees or subcontractors, including hiring through the use of temporary services or staffing agencies, an Employer must offer additional hours of work to existing Employees who, in the Employer’s good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a transparent and nondiscriminatory process to distribute the hours or work among those existing Employees.”https://www.sanjoseca.gov/home/showpublisheddocument/20083/639252317238600000 · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  6. San José Mun. Code ch. 4.100 (Ord. 29829), official notice. “Effective January 1, 2026 the San Jose minimum wage rate is $18.45 per hour”https://www.sanjoseca.gov/home/showpublisheddocument/125072/638949248001170000 · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  7. 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
  8. 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
  9. Office of Equality Assurance, Opportunity to Work FAQ, general question 7. “A7: No. Executive, administrative and professional employees are not covered by the Opportunity to Work Ordinance and the Employer is not required to offer additional hours of work to these Employees.”https://www.sanjoseca.gov/home/showpublisheddocument/20083/639252317238600000 · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  10. Office of Equality Assurance, Opportunity to Work FAQ, employer question 5. “A5: No. An Employer is not required to offer an Employee work hours if the Employer would be required to compensate the Employee at time-and-a-half or other premium rate under any law or collective bargaining agreement. However, an Employer is not prohibited from offering such work hours.”https://www.sanjoseca.gov/home/showpublisheddocument/20083/639252317238600000 · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  11. Office of Equality Assurance, Opportunity to Work FAQ, employer questions 3 and 4. “There are no timing requirements at all on the Employer to execute the Ordinance’s primary mandate; i.e., to offer extra hours to existing Employees. […] A4: The Ordinance places no restrictions on an Employer. However, Employers should provide Part-Time Employees a meaningful opportunity to respond to the opportunity for additional hours depending on the nature and type of work to be performed.”https://www.sanjoseca.gov/home/showpublisheddocument/20083/639252317238600000 · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  12. 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
  13. Labor Commissioner's Office, Minimum Wage FAQ. “Effective January 1, 2026, the minimum wage is $16.90 per hour for all employers, not otherwise covered by a higher minimum wage specific to an industry or a locality. […] There is a higher minimum wage for Fast Food Workers, effective April 1, 2024, and a higher minimum wage for certain Health Care Workers.”https://www.dir.ca.gov/dlse/faq_minimumwage.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  14. 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
  15. 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
  16. Cal. Lab. Code § 246(a)(1). “An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=246 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  17. 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
  18. 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
  19. Office of Equality Assurance, Opportunity to Work FAQ, employer question 8 (San José Mun. Code § 4.100.050). “However, under the San Jose Minimum Wage Ordinance (Section 4.100.050), the provisions of the Opportunity to Work Ordinance may be waived by a collective bargaining agreement. The Ordinance requires that the waiver must be in a bona fide collective bargaining agreement and must be in clear and unambiguous terms.”https://www.sanjoseca.gov/home/showpublisheddocument/20083/639252317238600000 · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  20. Office of Equality Assurance, Opportunity to Work FAQ, general question 6. “A6: Yes. Employers must count individual Employees, both part-time and full-time. For a Chain business that is not owned by a Franchisee, the number of Employees shall be determined by the combined total number of Employees at every location of that Chain business, whether or not located within the City of San Jose. […] For a Franchisee, the number of Employees shall be determined by the combined total number of Employees at every location owned by that Franchisee and operated under the same Franchisee, whether or not located within the City of San Jose.”https://www.sanjoseca.gov/home/showpublisheddocument/20083/639252317238600000 · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  21. Office of Equality Assurance, Opportunity to Work FAQ, administrative and enforcement question 8. “A8: Yes. The Office of Equality Assurance may grant a hardship exemption for up to twelve months to an Employer who demonstrates that: (1) That the Employer has undertaken in good faith all reasonable steps to comply; and (2) Full and immediate compliance would be impracticable, impossible or futile.”https://www.sanjoseca.gov/home/showpublisheddocument/20083/639252317238600000 · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  22. Office of Equality Assurance, Opportunity to Work FAQ, administrative and enforcement questions 4 and 5. “(3) Civil penalties in the amount of $50.00 per day to each Employee harmed; and […] A5: No fines, fees or civil penalties shall be assessed for an Employer’s first violation of the Ordinance. For the first violation, a warning shall be issued.”https://www.sanjoseca.gov/home/showpublisheddocument/20083/639252317238600000 · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  23. L.A. Mun. Code § 185.04(A). “A. An Employer shall provide an Employee with written notice of the Employees’ Work Schedule at least 14 calendar days before the start of the work period by any one of the following: 1. Post the Work Schedule in a conspicuous and accessible location where Employee notices are customarily posted and visible to all Employees; or 2. Transmit the Work Schedule by electronic means or another manner reasonably calculated to provide actual notice to each Employee.”https://codelibrary.amlegal.com/codes/los_angeles/latest/lamc/0-0-0-361300 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  24. S.F. L.E.C. § 42.4(b). “(b) Two Weeks’ Notice of Work Schedules. An Employer shall provide its Employees with at least two weeks’ notice of their work schedules by doing one of the following at least every 14 days (on a “Biweekly Schedule”): (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. […] For all Employees, the work schedule shall include any On-Call Shifts, where applicable.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1320 · 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 City of San José's official notices, its Office of Equality Assurance and the California Labor Code.

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