City of Belmont Minimum Wage Ordinance
On November 14, 2017, City Council adopted an ordinance to increase Belmont's Minimum Wage rate to $15.00 an hour by 2020.
Beginning January 1, 2019, employers who are subject to the Belmont Business License Tax OR who maintain a facility in Belmont must pay to each employee who performs at least two (2) hours of work per week in Belmont, minimum wages not less than $13.50 per hour.
The minimum wage requirement set forth in the Belmont Minimum Wage Ordinance applies to adult AND minor employees who work two (2) or more hours per week (tips not included). Beginning January 1, 2021, and annually thereafter, the Belmont minimum wage will be adjusted based on the Regional Consumer Price Index.
Under the Ordinance, employees who assert their rights to receive the City’s minimum wage are protected from retaliation. Employees may file a civil lawsuit against their employers for any violation of the Ordinance or may file a complaint with the City of Belmont. The City will investigate possible violations and will require access to payroll records. The City will enforce violations of the minimum wage ordinance by ordering reinstatement of employees, payment of back wages unlawfully withheld and penalties.
What does this mean for EMPLOYERS?
- Starting January 1, 2019, minimum wage in the City of Belmont is $13.50 per hour. Tips and other benefits may not be considered an offset to the Minimum Wage.
- Each employer must give written notification to each current employee and to new employees (at the time of hire) of the employee’s rights under the Belmont Minimum Wage Ordinance.
- The employer must post the Belmont Minimum Wage Official Notice prominently in the areas at the work site where it will be seen by all employees. Failure to post such notice will be a violation of the Municipal Code.
- Every employer must provide each employee, at the time of hire, with the employer’s name, address and telephone number in writing.
- Each Employer shall maintain for at least three years for each Employee, a record of his or her name, hours worked and pay rate.
- Under the Ordinance, an employer may not retaliate against an employee for making a complaint to the City regarding his/her right to receive the minimum wage specified. The City of Belmont will investigate possible violations and may take enforcement action including reinstatement of the employee, payment of back wages and civil penalties.
What does this mean for EMPLOYEES?
- Starting January 1, 2019, minimum wage in the City of Belmont is $13.50 per hour.
- Covered employees include anyone who performs 2 hours or more
of work per week within the geographic boundaries of the City of Belmont, including employees who are under 18.
Covered employees are entitled to these rights regardless of immigration status.
- The minimum wage will be adjusted annually on January 1st of each year.
Frequently Asked Questions
The City has developed a Frequently Asked Questions document to answer the most
common questions about the ordinance.
The City of Belmont is contracting with the San Jose Office of Equality Assurance to provide enforcement for the Minimum Wage Ordinance. To report a possible violation contact:
Office of Equality Assurance
200 East Santa Clara Street, 5th Floor
San Jose, CA 95113
Phone: 408- 535-8430