In 2026, California workers must earn at least $16.90 per hour. Many San Mateo County workers have the right to a higher minimum wage, based on where they work.

San Mateo County Minimum Wage 

The County minimum wage applies in all unincorporated areas of San Mateo County. Under the minimum wage law, employers must: 

• Pay at least $17.95/hour; 

• Give workers written notice of their rights; and 

• Never retaliate against a worker for exercising their minimum wage rights. 

Consequences of violation

Employers who break the law may have to pay: 

• Back wages to workers 

• Administrative penalties to workers 

• Administrative fees & penalties to County 

Here are some other important workplace rights that apply to most workers in San Mateo County—in all cities and the unincorporated area alike: 

• Overtime: The right to get paid one and a half times your regular rate of pay for any hours worked above 8 hours in one day or 40 hours in one week, and the right to get paid double your regular rate for any hours worked over 12 in one day or your seventh consecutive day of work in a workweek.
• Meal and rest breaks: The right to an unpaid 30-minute meal break during each shift of 5 hours or longer, and the right to a paid 10-minute rest break for every four hours of work.
• Sick pay: The right to accrue and use up to 40 hours, or five days, of paid sick leave per year. 
• No unlawful deductions: Your employer may not deduct the cost of uniforms, required safety equipment, or any tools or supplies you use in your work from your pay. You also have the right to be reimbursed for any expenses you incur on your employer’s behalf. 
• Tips: If you earn tips, your employer cannot take any portion of your tips for themselves or for most managers and supervisors. Employers also cannot use tips to meet their wage obligations. 
• On-time payment: The right to get paid at least twice a month, to get paid on time, and to not have your paycheck bounce.
• Correct classification: The right to be treated and paid as an employee unless you truly are an independent contractor. Contact OLSE for help figuring out if you have been misclassified. 
• No discrimination: The right not to be treated differently based on your race, sex, national origin, disability, sexual orientation, pregnancy, or age. 
• Health and safety: The right to a workplace free of recognized hazards to worker health and safety, and with a plan to make sure workers can stay safe. 
• Organizing with coworkers: The right to join together with your coworkers to improve your wages or working conditions, whether or not you are part of a union. 
• No retaliation:The right not to be punished or have any action taken against you for exercising or attempting to exercise these protected rights.  

NOTE: These rights apply to most—but not all—San Mateo County workers. This page offers basic information and doesn’t cover exceptions that may apply. It is not legal advice. Use the links above to find more detailed information, or call the Labor Advice Hotline to discuss your situation with an attorney.

Wage theft happens when employers don’t pay workers all the money they earned. For example: 

• Paying less than the local minimum wage

• Not paying for all hours worked

• Not paying overtime

• Bounced checks or unfair deductions

Wage theft is always illegal, but it is common. Here are some tips for protecting yourself. 

Know your employer

Know your employer’s legal name and address. Write down the addresses of all the locations you work at, and the names of the people who hire you, pay you, or supervise you.  

Save your paystubs 

Keep all of your paystubs and any other documentation of pay you get from your employer. 

Keep your own records

Keep track of all the hours you work. Every day, write down the date, when you start and end your shift, where you worked, and any break times. Compare the hours you wrote down with the hours on your paystub. If you notice anything off, contact OLSE for help.  

You should also keep track of how much you get paid each week, and when. And keep copies of any written communications with your employer (including text messages!). 

Stay informed, together  

Know your rights as a worker. If you feel comfortable, talk to your coworkers about workplace rights and concerns. You may have more power and legal protection acting together as a group. 

The Office of Labor Standards and Enforcement (OLSE) promotes the rights of all workers in San Mateo County, regardless of their job or immigration status. 

To ask questions or report problems, call OLSE’s free and confidential Labor Advice Line at 1-866-870-7725 or email olse@smcgov.org.