Retaliation Prohibited
San Diego Municipal Code § 312.0108
in effect§312.0108 Retaliation Prohibited
(a) Hospitality employers shall not engage in retaliation against an employee. Any employee who reasonably and in good faith reports a violation of this Division to their hospitality employer or a governmental agency tasked with overseeing the enforcement of any wage and hour law applicable to the hospitality employer shall be entitled to the protections against retaliation described in section 312.0108.
(b) A hospitality employer is prohibited from engaging in retaliation against an employee who reasonably and in good faith:
(1) requests payment of the minimum wage;
(2) files a complaint for an alleged violation of this Division with the Enforcement Office, any other governmental wage and hour enforcement agency, or in a court of competent jurisdiction;
(3) communicates with any person about any violation or alleged violation of this Division;
(4) participates in any investigation or administrative or judicial action regarding an alleged violation of this Division;
(5) informs any person of their potential rights under this Division; or
(6) takes any other lawful action to enforce this Division.
(c) There is a rebuttable presumption that a hospitality employer has engaged in retaliation against an employee if the hospitality employer takes an adverse employment action against the employee within 90 calendar days of the employee’s exercise of any right provided by this Division.
(“Retaliation Prohibited” added 10-8-25 by O-22003 N.S.; effective 7-1-2026.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter03/Ch03Art12Division01.pdf#page=7Fetched: 10/28/2026