Increase in State Minimum Wage
The California minimum wage will increase effective January 1, 2022. For employers with 25 employees or less, the minimum wage will increase to $14.00 per hour, and for employers with 26 or more employees, the minimum wage will increase to $15.00 per hour.
The minimum wage increase also affects employees who are classified as exempt, who must earn at least twice the state’s minimum wage, AND satisfy the job duties criteria for an exempt position.
Starting January 1, 2022, the minimum salary (gross) that must be paid to exempt employees is as follows:
| Employer size | State min. wage (2022) | Salary (paid every two weeks) | Salary (paid twice per month) | Salary (annual) |
|---|---|---|---|---|
| 25 or fewer | $14.00 | $2,240.00 | $2,426.67 | $58,240.00 |
| 26 or more | $15.00 | $2,400.00 | $2,600.00 | $62,400.00 |
Increase in Local Minimum Wages
Many cities have enacted their own minimum wage rules, and many of these will increase either on January 1, 2022, or on July 1, 2022. Employers with employees in those jurisdictions must pay such employees the local minimum wage, if higher. If your employees are working remotely, the city where the work is being performed applies, not the main office address. Below is a summary of some of those jurisdictions and their rules. Those showing a blank for 2022 have not indicated what the new minimum wage will be. Those marked with an asterisk (*) have different rules for different sized business. For exact details, follow the link to the jurisdiction’s website.
| Locality | Date | Rate | Date | Rate | Link |
| City of Alameda | 07/01/21 | $15.00 | 07/01/22 | $15.00 + CPI | webpage |
| City of Belmont | 01/01/21 | $15.90 | 01/01/22 | $16.20 | webpage |
| City of Berkeley | 07/01/21 | $16.32 | 070/1/22 | $16.32 + CPI | webpage |
| City of Burlingame | 01/01/21 | $15.00 | 01/01/22 | $15.60 | webpage |
| City of Cupertino | 01/01/21 | $15.65 | 01/01/22 | $16.40 | webpage |
| City of Daly | 01/01/21 | $15.00 | 01/01/22 | $15.53 | webpage |
| City of East Palo Alto | 01/01/21 | $15.00 | 01/01/22 | $15.00 + CPI | ordinance |
| City of El Cerrito | 01/01/21 | $15.61 | 01/01/22 | $16.37 | webpage |
| City of Emeryville | 07/01/21 | $17.13 | webpage | ||
| City of Fremont | 07/01/21 | $15.25 | 07/01/22 | * $15.25 + CPI | webpage |
| City of Half Moon Bay | 01/01/21 | $15.00 | 01/01/22 | $15.56 | webpage |
| City of Hayward | 01/01/21 | $15.00 | 01/01/22 | * $15.56 | webpage |
| City of Los Altos | 01/01/21 | $15.65 | 01/01/22 | $16.40 | webpage |
| City of Los Angeles | 07/01/21 | $15.00 | webpage | ||
| County of Los Angeles (unincorporated) | 07/01/21 | $15.00 | 07/01/22 | $15.00 + CPI | webpage |
| City of Malibu | 07/01/21 | $15.00 | 07/01/22 | $15.00 + CPI | webpage |
| City of Menlo Park | 01/01/21 | $15.25 | webpage | ||
| City of Milpitas | 07/01/21 | $15.65 | 07/01/22 | $15.65 + CPI | webpage |
| City of Mountain View | 01/01/21 | $16.30 | 01/01/22 | $17.10 | webpage |
| City of Novato | 01/01/21 | $15.00 | 01/01/22 | * $15.53 | webpage |
| City of Oakland | 01/01/21 | $14.36 | webpage | ||
| City of Palo Alto | 01/01/21 | $15.65 | 01/01/22 | $16.45 | webpage |
| City of Pasadena | 07/01/21 | $15.00 | webpage | ||
| City of Petaluma | 01/01/21 | $15.20 | 01/01/22 | $15.85 | webpage |
| City of Redwood City | 01/01/21 | $15.62 | 01/01/22 | $15.62 + CPI | webpage |
| City of Richmond | 01/01/21 | $15.21 | 01/01/22 | $15.54 | webpage |
| City of San Carlos | 01/01/21 | $15.24 | 01/01/22 | $15.77 | webpage |
| City of San Diego | 01/01/21 | $14.00 | 01/01/22 | $15.00 | webpage |
| City/County of San Francisco | 07/01/21 | $16.32 | 07/01/22 | $16.32 + CPI | webpage |
| City of San Jose | 01/01/21 | $15.45 | 01/01/22 | $16.20 | webpage |
| City of San Leandro | 7/1/2020 | $15.00 | webpage | ||
| City of San Mateo | 01/01/21 | $15.62 | 01/01/22 | $16.20 | webpage |
| City of Santa Clara | 01/01/21 | $15.65 | 01/01/22 | $16.40 | webpage |
| City of Santa Monica | 07/01/21 | $15.00 | 07/01/22 | $15.00 + CPI | webpage |
| City of Santa Rosa | 01/01/21 | $15.20 | 01/01/22 | $15.85 | webpage |
| City of Sonoma | 01/01/21 | $15.00 | 01/01/22 | * $16.00 | webpage |
| City of South San Francisco | 01/01/21 | $15.25 | 01/01/22 | $15.80 | webpage |
| City of Sunnyvale | 01/01/21 | $16.30 | 01/01/22 | $17.10 | webpage |
Nationwide Injunction on Federal Contractor/Subcontractor Vaccine Mandate
Today, a nationwide injunction was issued by the District Court for the Southern District of Georgia, effectively preventing enforcement of President Biden’s Executive Order 14042’s mandating vaccines for federal contractors and subcontractors, as defined in that order. The Court held that Executive Order 14042 is likely beyond the congressional scope of authority under the Procurement Act. Other constitutional challenges to the Executive Order were undecided and will likely be taken up on appeal by the Eleventh Circuit Court of Appeals. Employers who had issued vaccine mandates for their staff pursuant to this Executive Order do not need to meet the dates for compliance. These employers may still choose to issue mandatory vaccine policies, but should contact counsel to discuss the best path forward.
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