Employee Rights
San Diego Municipal Code § 310.0109
in effect§310.0109 Employee Rights
(a) Employers are prohibited from engaging in retaliation against any employee.
(b) The rights of employees protected by this Division include the right to request and receive payment of the prevailing wage rate; file a complaint for alleged violations of this Division with the Enforcement Office, another appropriate enforcement agency, or the court; bring legal action for any violation of law concerning wages, hours, or other standards or rights; communicate with any person about a violation or alleged violation of this Division; participate in any administrative or judicial process regarding an alleged violation of this Division; and inform any person of their potential rights under this Division. The rights of this Division apply to any employee who reasonably, even if mistakenly, and in good faith reports a violation of this Division to their employer or a governmental agency responsible for enforcing any wage and hour laws applicable to the employer.
(c) Exhaustion of remedies under this Division is not a prerequisite to the assertion of any right.
(d) An employer’s adverse action against an employee within 90 calendar days of the employee’s exercise of any protected right under this Division creates a rebuttable presumption that the employer acted in retaliation against the employee for the employee’s exercise of the protected right.
(“Employee Rights” added 10-7-2024 by O-21876 N.S.; effective 11-6-2024.)
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/Ch03Art10Division01.pdf#page=8Fetched: 10/28/2026