City of San Diego Earned Sick Leave and Minimum Wage Ordinance

San Diego Municipal Code ch. 3, art. 9, div. 1

in effect

San Diego Municipal Code § 39.0101 Purpose and Intent

§39.0101 Purpose and Intent This Division ensures that employees who work in the City receive a livable minimum wage and the right to take earned, paid sick leave to ensure a decent and healthy life for themselves and their families. By enabling more employees to support and care for their families through their own efforts and with less need for financial assistance from the government, and by protecting the rights of employees to care for their health and the health of their family members, the City can safeguard the general welfare, health, safety and prosperity of all San Diegans. It is the purpose and intent in enacting this Division that San Diego workers be guaranteed the right to take earned sick leave. Most employees will at some time during each year need limited time off from work to take care of their own health needs or the health needs of members of their families. Guaranteeing employees earned sick leave will reduce recovery time from illnesses, promote the use of regular medical providers rather than hospital emergency departments, and reduce the likelihood of workers spreading illness to other members of the workforce and to the public. It is also the purpose in enacting this Division to ensure that employees working in the City earn wages that ensure a decent and healthy life for themselves and their families. When employers do not pay a livable wage, the surrounding community and taxpayers bear costs in the form of increased demand for taxpayer-funded services, including homeless shelters. Jobs paying a decent wage will ensure a more stable workforce for the City, increase consumer income, decrease poverty, and invigorate neighborhood business. (“Purpose and Intent” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.)

San Diego Municipal Code § 39.0102 Citation

§39.0102 Citation This Division shall be cited as the City of San Diego Earned Sick Leave and Minimum Wage Ordinance. (“Citation” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.)

San Diego Municipal Code § 39.0103 Authority

§39.0103 Authority This Division is adopted pursuant to the powers vested in the City under the Constitution and the laws of the State of California, including, but not limited to, the police powers vested in the City pursuant to Article XI, section 7 of the California Constitution and California Labor Code section 1205(b). (“Authority” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.)

San Diego Municipal Code § 39.0104 Definitions

§39.0104 Definitions Each word or phrase defined in this Division appears in the text of this Division in italicized letters. To the extent that a federal, state, or other law is referenced within this Division, the citation includes and incorporates the law as it may be amended or renumbered in the future. For purposes of this Division, the following definitions apply: Benefit Year means a regular and consecutive twelve-month period, as determined by an Employer. Child means a biological, adopted, or foster child; a stepchild; a legal ward; a child of a Domestic Partner; or a child of an Employee standing in loco parentis. City means the City of San Diego. City Council means the Council of the City of San Diego. Domestic Partners mean two adults in a relationship recognized by the State of California by filing as domestic partners under California Family Code section 297, and who have registered as domestic partners with a governmental entity pursuant to state or local law authorizing such registration or with an internal registry maintained by the employer of at least one of the domestic partners. Domestic Violence means “domestic violence” as defined in California Penal Code section 13700. Earned Sick Leave means accrued increments of compensated leave provided by an Employer to an Employee as a benefit of the employment for use by the Employee during an absence from the employment because of a qualifying medical condition or event, as specified in section 39.0106 of this Division. Employee means any person who: (a) In one or more calendar weeks of the year performs at least two hours of work within the geographic boundaries of the City for an Employer; and (b) Qualifies as an employee entitled to payment of a minimum wage from any employer under the California minimum wage law, as set forth in the California Labor Code and wage orders published by the California Industrial Welfare Commission or the State of California Division of Labor Standards Enforcement, or is a participant in a State of California Welfare-to-Work Program. (c) Employee does not include any person who is authorized to be employed at less than the minimum wage under a special license issued under California Labor Code sections 1191 or 1191.5; any person employed under a publicly subsidized summer or short-term youth employment program, such as the San Diego County Urban Corps Program; or any student employee, camp counselor, or program counselor of an organized camp as defined in California Labor Code section 1182.4. Employee also does not include any person who is employed as an independent contractor as defined by the California Labor Code. Employer means any person or persons, as defined in California Labor Code section 18, who exercises control over the wages, hours, or working conditions of any Employee, or suffers or permits the Employee to work, or engages the Employee. Employer does not include a person receiving services under the California In-Home Supportive Services program pursuant to Welfare and Institutions Code section 12300. Enforcement Office means the City’s Office of Labor Standards and Enforcement, or other City office or department under the authority of the City Manager designated to enforce this Division, or the Office of the City Attorney. Enforcement Official means any person authorized to enforce violations of this Division. Family Member means a Child, Spouse, Parent, grandparent, grandchild, Sibling, or the Child or Parent of a Spouse. Health Care Provider means any person licensed under federal or California law to provide medical or emergency services, including, but not limited to, doctors, nurses and emergency room personnel. Minimum Wage means an hourly minimum rate to be paid to Employees, as defined in section 39.0107 of this Division. Parent means a biological, foster, or adoptive parent; a step-parent; a legal guardian; or a person who stood in loco parentis when the Employee was a minor child. Public Health Emergency means a state of emergency declared by any public official with the authority to do so, including officials with the City, the County of San Diego, the State of California, or the United States government. Retaliation means any threat, discipline, discharge, demotion, suspension, reduction in Employee hours, or any other adverse employment action against any Employee for exercising or attempting to exercise any right guaranteed under this Division. Safe Time means time away from work that is necessary due to Domestic Violence, Sexual Assault, or Stalking, provided the time is used to allow the Employee to obtain for the Employee or the Employee’s Family Member one or more of the following: (a) Medical attention needed to recover from physical or psychological injury or disability caused by Domestic Violence, Sexual Assault, or Stalking; (b) Services from a victim services organization; (c) Psychological or other counseling; (d) Relocation due to the Domestic Violence, Sexual Assault, or Stalking; or (e) Legal services, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the Domestic Violence, Sexual Assault, or Stalking. Sexual Assault means “rape” as defined in California Penal Code section 261 or “sexual battery” as defined by California Penal Code section 243.4. Sibling means a brother or sister, whether related through half blood, whole blood, or adoption, or one who is a step-sibling. Spouse means a person to whom an Employee is legally married under the laws of the State of California, or the Employee’s Domestic Partner. Stalking means the unlawful conduct described in California Penal Code section 646.9. (“Definitions” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.) (Amended 8-3-2016 by O-20706 N.S.; effective 9-2-2016.) (Amended 7-20-2026 by O-22127 N.S.; effective 8-19-2026.)

San Diego Municipal Code § 39.0105 Accrual of Earned Sick Leave

§39.0105 Accrual of Earned Sick Leave (a) Employers must provide Earned Sick Leave to their Employees in accordance with this Division. (b) Employers must provide an Employee with one hour of Earned Sick Leave for every 30 hours worked by the Employee within the geographic boundaries of the City, but Employers are not required to provide an Employee with Earned Sick Leave in less than one-hour increments for a fraction of an hour worked. Employers may cap an Employee’s total accrual of Earned Sick Leave at 80 hours. (c) An Employer may satisfy the accrual and carry-over provisions of this section if no less than 40 hours of Earned Sick Leave are awarded to an Employee at the beginning of each Benefit Year for use in accordance with this Division, regardless of the Employee’s status as full-time, part-time, or temporary. (d) Earned Sick Leave begins to accrue at the commencement of employment or on July 11, 2016, whichever is later, and an Employee is entitled to begin using accrued Earned Sick Leave on the 90th calendar day following commencement of his or her employment or on July 11, 2016, whichever is later. After the 90th calendar day of employment or after July 11, 2016, whichever is later, an Employee may use Earned Sick Leave as it is accrued. (e) Earned Sick Leave for Employees not exempt from the overtime requirements of federal and California law must be compensated at the same regular rate of pay for the work week in which the Employee uses the Earned Sick Leave. Earned Sick Leave for Employees exempt from the overtime requirements of federal and California law must be compensated at the same rate or in the same manner as the Employer calculates compensation for paid working time. (f) Employees who are not covered by the overtime requirements of federal and California law or regulations are assumed to work 40 hours in each work week for purposes of Earned Sick Leave accrual unless their regular work week is less than 40 hours, in which case Earned Sick Leave accrues based upon that regular work week. (g) An Employer who provides an Employee with an amount of paid leave, including paid time off, paid vacation, or paid personal days sufficient to meet the requirements of this section, and who allows this paid leave to be used for the same purposes and under the same conditions as the Earned Sick Leave required by this Division, is not required to provide additional Earned Sick Leave to the Employee. An Employer who provides greater paid time off, either through a contract, collective bargaining agreement, employment benefit plan, or other agreement, than that required by this Division, is deemed to be in compliance even if the Employer utilizes an alternative methodology for calculation of, payment of, and use of Earned Sick Leave or other paid time off that can be used as Earned Sick Leave. (h) Employees may determine how much Earned Sick Leave they need to use, provided that Employers may set a reasonable minimum increment for the use of Earned Sick Leave not to exceed two hours. (i) Employers may limit an Employee’s use of Earned Sick Leave to 40 hours in a Benefit Year, but unused, accrued Earned Sick Leave must be carried over to the following Benefit Year. (j) If an Employee is transferred to a separate division, entity, or location in the City, but remains employed by the same Employer, the Employee is entitled to all Earned Sick Leave accrued at the prior division, entity, or location, and is entitled to retain and use all Earned Sick Leave, as provided by this Division. When there is a separation from employment and the Employee is rehired within six months of separation by the same Employer, previously accrued Earned Sick Leave that was not used or paid out must be reinstated and such Employee must be entitled to use such accrued Earned Sick Leave. (k) Employers are not required by this Division to compensate an Employee for unused, accrued Earned Sick Leave, upon the Employee’s termination, resignation, retirement, or other separation from employment. (“Accrual of Earned Sick Leave” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.) (Amended 8-3-2016 by O-20706 N.S.; effective 9-2-2016.)

San Diego Municipal Code § 39.0106 Use of Earned Sick Leave

§39.0106 Use of Earned Sick Leave (a) An Employee may use Earned Sick Leave for any of the following reasons: (1) The Employee is physically or mentally unable to perform his or her duties due to illness, injury, or a medical condition of the Employee. (2) The Employee’s absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the Employee. (3) The Employee’s absence is for other medical reasons of the Employee, such as pregnancy or obtaining a physical examination. (4) The Employee is providing care or assistance to a Family Member, with an illness, injury, or medical condition, including assistance in obtaining professional diagnosis or treatment of a medical condition. (5) The Employee’s absence is for the Employee’s use of Safe Time. (6) The Employee’s place of business is closed by order of a public official due to a Public Health Emergency, or the Employee is providing care or assistance to a Child, whose school or child care provider is closed by order of a public official due to a Public Health Emergency. (b) An Employer may require reasonable notice of the need to use Earned Sick Leave. Where the need is foreseeable, an Employer may require reasonable advance notice of the intention to use such Earned Sick Leave, not to exceed seven days notice prior to the date such Earned Sick Leave is to begin. Where the need is not foreseeable, an Employer may require an Employee to provide notice of the need for the use of Earned Sick Leave as soon as practicable. (c) For an absence of more than three consecutive work days, an Employer may require reasonable documentation that the use of Earned Sick Leave was authorized under subsection (a) of this section. An Employer must accept as reasonable, documentation signed by a licensed Health Care Provider indicating the need for the amount of Earned Sick Leave taken, and an Employer may not require that the documentation specify the nature of the Employee’s or the Employee’s Family Member’s injury, illness, or medical condition. (d) An Employer must not require an Employee, as a condition of using Earned Sick Leave, to search for or find a replacement worker to cover the hours during which such Employee is using Earned Sick Leave. (“Use of Earned Sick Leave” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.)

San Diego Municipal Code § 39.0107 Minimum Wage

§39.0107 Minimum Wage (a) Employers must pay Employees no less than the Minimum Wage set forth in this section for each hour worked within the geographic boundaries of the City. (b) The Minimum Wage is an hourly rate defined as follows: (1) Starting July 11, 2016, the Minimum Wage is $10.50. (2) Starting January 1, 2017, the Minimum Wage is $11.50. (3) Starting January 1, 2019, and each year thereafter, the Minimum Wage increases by an amount corresponding to the prior year’s increase, if any, in the cost of living. The prior year’s increase in the cost of living is measured by the percentage increase, if any, as of August of the immediately preceding year over the level as of August of the previous year of the Consumer Price Index (Urban Wage Earners and Clerical Workers, U.S. City Average for All Items) or its successor index as published by the U.S. Department of Labor or its successor agency, with the amount of the minimum wage increase rounded to the nearest multiple of five cents. The adjusted Minimum Wage will be announced by the City by October 1 of each year, and will become effective as the new Minimum Wage on January 1 of the succeeding year. The adjusted Minimum Wage will be noticed and posted as set forth in this Division. (4) In the event that the federal or California minimum wage is increased above the level of the Minimum Wage in force under this section, the Minimum Wage under this section will be increased to match the higher federal or California wage, effective on the same date as the increase in the federal or California minimum wage takes effect. (c) An Employer that meets the requirements to claim a credit against the California minimum wage under the California Labor Code or wage orders published by the California Industrial Welfare Commission or the State of California Division of Labor Standards Enforcement for meals or lodging provided to Employees may claim a credit in the same amount against the Minimum Wage required under this section. (“Minimum Wage” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.) (Amended 8-3-2016 by O-20706 N.S.; effective 9-2-2016.)

San Diego Municipal Code § 39.0108 Notice and Posting

§39.0108 Notice and Posting (a) The bulletin and notices specified in this section will be published by the City and made available to Employers in English, Spanish, and any other language for which the San Diego County Registrar of Voters provides translated ballot materials pursuant to section 203 of the federal Voting Rights Act. The materials specified in this section will be made available to Employers by September 1, 2016 with 2016 information; December 30, 2016 with 2017 information; and by October 1 of each year thereafter with information for the following year: (1) A bulletin announcing the adjusted Minimum Wage for the upcoming year and its effective date. (2) A notice for Employers to post in the workplace informing Employees of the current Minimum Wage and of their rights to the Minimum Wage and Earned Sick Leave, including information about the accrual and use of Earned Sick Leave, the right to be free from Retaliation, and the right to file a complaint with the Enforcement Office or a court of competent jurisdiction. (3) A template notice suitable for use by Employers in compliance with this section. (b) Every Employer must post in a conspicuous place at any workplace or job site where any Employee works the notice published each year by the City informing Employees of the current Minimum Wage and of their rights to the Minimum Wage and Earned Sick Leave under this Division. Every Employer must post this notice in the workplace or on the job site in English and any other language that is referenced in subsection (a) and spoken by at least five percent of the Employees at the Employee’s job site. (c) Every Employer must also provide each Employee at the time of hire, or by October 1, 2016, whichever is later, written notice of the Employer’s legal name and any fictitious business names, address, and telephone number and the Employer’s requirements under this Division. The notice must also include information on how the Employer satisfies the requirements of this Division, including the Employer’s method of Earned Sick Leave accrual. The notice must be provided to Employees in English and in each Employee’s primary language, if it is a language referenced in subsection (a) and spoken by at least five percent of the Employees at the Employer’s workplace. Employers may provide this notice through an accessible electronic communication in lieu of a paper notice. (“Notice and Posting” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.) (Amended 8-3-2016 by O-20706 N.S.; effective 9-2-2016.)

San Diego Municipal Code § 39.0109 Employer Records

§39.0109 Employer Records Employers must create contemporaneous written or electronic records documenting their Employees’ wages paid and accrual and use of Earned Sick Leave, provide these records to Employees on a regular basis, and retain these records for a period of at least three years. Employers must allow the Enforcement Official reasonable access to these records in furtherance of an investigation conducted pursuant to this Division. An Employer’s failure to create and retain contemporaneous written or electronic records documenting its Employees’ wages paid and accrual and use of Earned Sick Leave, or an Employer’s failure to allow the Enforcement Official reasonable access to records creates a rebuttable presumption that the Employer has violated this section and the Enforcement Official may rely on an Employee’s reasonable estimate regarding hours worked, wages that should have been earned, Earned Sick Leave that should have accrued, and Earned Sick Leave used. (“Employer Records” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.) (Amended 8-3-2016 by O-20706 N.S.; effective 9-2-2016.)

San Diego Municipal Code § 39.0110 Confidentiality and Nondisclosure

§39.0110 Confidentiality and Nondisclosure Employers are prohibited from requiring an Employee to disclose details related to the medical condition of the Employee’s or the Employee’s Family Member as a condition for using Earned Sick Leave under this Division, except where disclosure is required or authorized by federal or state law. Employers who obtain medical or other personal information about an Employee or an Employee’s Family Member for the purposes of complying with Earned Sick Leave requirements of this Division must maintain the confidentiality of the information and must not disclose it, except with the permission of the Employee or as required by law. (“Confidentiality and Nondisclosure” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.)

San Diego Municipal Code § 39.0111 Retaliation Prohibited

§39.0111 Retaliation Prohibited Employers are prohibited from engaging in Retaliation against an Employee for exercising any right provided by this Division. The protections of this Division apply to any Employee who reasonably and in good faith reports a violation of this Division to his or her Employer or a governmental agency tasked with overseeing the enforcement of any wage and hour law applicable to the Employer. Rights under this Division include, but are not limited to, the right to request payment of the Minimum Wage, request and use Earned Sick Leave, file a complaint for alleged violations of this Division with the Enforcement Office or in court, communicate with any person about any violation or alleged violation of this Division, participate in any administrative or judicial action regarding an alleged violation of this Division, or inform any person of his or her potential rights under this Division. Protections of this Division apply to any Employee who mistakenly, but in good faith, alleges noncompliance with this Division. An Employer’s adverse action against an Employee within 90 calendar days of the Employee’s exercise of rights provided by this Division creates a rebuttable presumption that the Employer acted in retaliation against the Employee for the Employee’s exercise of protected rights. (“Retaliation Prohibited” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.) (Amended 8-3-2016 by O-20706 N.S.; effective 9-2-2016.)

San Diego Municipal Code § 39.0112 Remedies

§39.0112 Remedies (a) Any person claiming harm from a violation of this Division, including the City and an Employee, may bring a cause of action against an Employer in a court of competent jurisdiction to enforce the provisions of this Division, without exhausting the administrative remedies set forth in this Division. Submitting a complaint to the Enforcement Office is neither a prerequisite to nor a bar to bringing a civil action in a court of competent jurisdiction. (b) Any person claiming harm from a violation of this Division, including an Employee and the City, is entitled to all legal and equitable relief to remedy any violation of this Division, including, but not limited to, the payment to an Employee of back wages withheld in violation of this Division; damages for an Employer’s denial of the use of accrued Earned Sick Leave in violation of this Division, payable to an Employee; reinstatement of employment or other injunctive relief; reasonable attorneys’ fees and costs to any plaintiff who prevails in an action to enforce this Division; and payment of liquidated damages to an Employee equal to double back wages withheld, except as otherwise provided in this subsection. When an Employer engages in Retaliation against an Employee, the Employer is subject to liquidated damages that are the greater of double back wages or $1,000 for each violation not resulting in termination of employment, and the greater of double back wages or $3,000 when an Employee is terminated from employment for exercising any right provided by this Division. Violations of this Division are declared to irreparably harm the public and covered Employees generally. (c) Any Employer who violates any requirement of this Division is also subject to a civil penalty, assessed and payable to the City, of no less than $500, but no more than $1,000 per violation, except as otherwise provided in this subsection. Each and every day that an Employer fails to pay an Employee Minimum Wage or fails to provide an Employee with Earned Sick Leave constitutes a separate and distinct violation. Any Employer who fails to comply with the notice and posting requirements of this Division is subject to a civil penalty of $500 for each Employee who was not given appropriate notice pursuant to that section, up to a maximum of $2,000. Any Employer who engages in Retaliation against an Employee for exercising any right provided by this Division is subject to a civil penalty of no less than $1,000, but no more than $3,000 per violation. The cumulative civil penalties that may be assessed against an Employer, who has not previously violated any provision of this Division and who violates the Minimum Wage provisions, are limited to $10,000. The cumulative civil penalties that may be assessed against an Employer, who has not previously violated any provision of this Division and who violates the Earned Sick Leave provisions, are limited to $10,000. An Employer is deemed to have violated a provision of this Division upon issuance of (1) a Notice of Satisfaction, (2) Administrative Enforcement Order, or (3) final judgment of a court of competent jurisdiction, with a finding of a violation. The minimum and maximum civil penalties under this subsection must be increased cumulatively by fifty percent for each subsequent violation of the same provision in this Division by the same Employer or other person within a three-year period. If civil penalties and costs are the subject of administrative appeal or judicial review, then the accrual of penalties and other costs is stayed until the determination of the appeal or review is final. (d) Notwithstanding section 12.0201 of this Code, violations of this Division may not be prosecuted as a misdemeanor or infraction. (e) This Division does not create any right of action or cause of action for damages against the City in its enforcement of this Division. (f) This section is not intended to supersede any applicable, current or future state or local law, rule, regulation, or approved memoranda of understanding binding on the City, as a public agency employer, and its Employees. (g) If an Employer ceases its business operations, sells out, exchanges, or otherwise disposes of the Employer’s business, then any person who becomes a successor to the business will be liable for the unpaid amount of the remedies as defined in the Notice and Order if, at the time of the conveyance of the business, the successor has actual or constructive knowledge of the fact and amount of the Notice and Order. (“Implementation, Enforcement, and Remedies” added 2-8-2016 by O-20604 N.S.; effective 7-11-2016.) (Retitled from “Implementation, Enforcement, and Remedies” to “Remedies” and amended 8-3-2016 by O-20706 N.S.; effective 9-2-2016.)

San Diego Municipal Code § 39.0113 Enforcement Office

§39.0113 Enforcement Office (a) The Enforcement Office has full authority to implement and enforce this Division, consistent with the authority and powers set forth at Division 1 of Article 2, Chapter 1 of this Code. The Enforcement Official may investigate any possible violations of this Division by an Employer or other person. The Enforcement Official has authority to access any Employer’s or Employee’s workplace during workplace hours to examine and audit business and other relevant records; to interview witnesses, including Employees, at or away from Employees’ workplace; and to investigate all matters necessary or appropriate to determine whether an Employer has violated any provisions of this Division. The Enforcement Official may issue subpoenas, in accordance with applicable federal and state law and this Code. The Enforcement Office may promulgate and issue administrative regulations to establish and adjudicate complaints and to order relief in cases of violations, consistent with this Division. (b) The Enforcement Office will provide information about the complaint process that is readily accessible to the public, including non-English speakers. The information must be made available in English, Spanish, and any other language for which the San Diego County Registrar of Voters provides translated ballot materials pursuant to section 203 of the federal Voting Rights Act. (c) (1) Any person may file a complaint, in writing, with the Enforcement Office alleging a violation of this Division. The written complaint must include a statement of dates, places, and persons or entities responsible for the alleged violation. Notwithstanding anything to the contrary in this Code, complaints alleging a violation of this Division must be filed within two years of the occurrence of the alleged violation. (2) To encourage reporting and cooperation with investigations, the Enforcement Office must maintain the confidentiality of any person reporting an alleged violation and persons assisting in any investigation, including the name, address, and other identifying information of the person, to the extent permitted by law. The Enforcement Office must also protect proprietary business information to the extent permitted by law. The Enforcement Office may disclose information as necessary to enforce this Division or for other lawful purposes. (d) (1) Upon receipt of a written complaint, the Enforcement Official may issue a Notice of Violation to the Employer, informing the Employer of the alleged violation, including reference to the Code provision alleged to have been violated, and specifying the action required to correct or remedy the alleged violation. The Notice of Violation may request access to the Employer’s workplace to investigate the alleged violation, including inspecting records and interviewing witnesses. The Notice of Violation may be served personally or by registered mail, in accordance with Division 3 of Article 1 of Chapter 1 of this Code. (2) At the discretion of the Enforcement Official, an Employer served with a Notice of Violation must be allowed 14 calendar days from the date of the Notice of Violation to submit a written declaration to the Enforcement Office, setting forth facts and evidence to demonstrate that no violation occurred, that the Employer is not responsible for the violation, or that the Employer has corrected or remedied the violation. The Enforcement Official may request documents to support an Employer’s written declaration. The Enforcement Official may assign a longer period, not to exceed an additional seven calendar days, within which an Employer may submit a written declaration. The Enforcement Official may consider the cost of correction and the time needed to obtain information and documents about the alleged violation and any voluntary corrective action taken by the Employer in assigning a specific period of time within which to correct or remedy each violation, or obtain and submit evidence that no violation occurred or an Employer is not responsible for the violation. (e) The Enforcement Official may conduct an informal settlement conference with the Employee and Employer, upon receipt of a complaint from an Employee, and following issuance of the Notice of Violation, as an opportunity to remedy the alleged violation, without further administrative enforcement action. The Enforcement Official has discretion to impose civil penalties in accordance with section 12.0805 of this Code, as a condition to settle an alleged violation. A settlement is contingent upon approval by the Employee, Employer, and the Enforcement Official. (f) If, following issuance of a Notice of Violation and the period of time assigned by the Enforcement Official to an Employer to respond by written declaration, the Enforcement Official determines that an Employer has violated any provision of this Division, the Enforcement Official may issue a Notice and Order to the Employer in violation. The Notice and Order may be served personally or by registered mail, in accordance with Division 3 of Article 1 of Chapter 1 of this Code. Each Notice and Order must be in writing and must describe the nature of the violation, including reference to the Code provision alleged to have been violated. The Notice and Order must include the assessment of unpaid wages and other damages, including liquidated damages, owed to the Employee, based on the facts presented to the Enforcement Official, and civil penalties payable to the City, in accordance with this Division and Division 8, Article 2 of Chapter 1 of this Code. (g) If an Employer wants to contest a Notice and Order, the Employer must, within 15 calendar days after service of the Notice and Order, serve written notice to the Enforcement Office of his or her request for an administrative enforcement hearing. This written notice must be postmarked on or actually received by the Enforcement Office by the 15th calendar day following the service of the Notice and Order. (h) As soon as practicable, the Enforcement Office must schedule the administrative enforcement hearing, which will be conducted by an Enforcement Hearing Officer, who is independent from the Enforcement Official. The administrative enforcement hearing must be conducted in accordance with the due process requirements set forth in Division 4 of Article 2 of Chapter 1 of this Code. The Enforcement Hearing Officer, at his or her discretion and in accordance with applicable law, may permit any person, who is not a party to an administrative enforcement hearing or a party’s representative, to attend the administrative enforcement hearing upon the person’s request. Any party to the administrative enforcement hearing may, at his or her own expense, require that the hearing be transcribed by a certified court reporter. At the conclusion of the administrative enforcement hearing, the Enforcement Hearing Officer must affirm, modify, or dismiss the Notice of Violation and any Notice and Order issued. (i) The findings of the Enforcement Hearing Officer must be set forth in an Administrative Enforcement Order, which must be served on all parties by any one of the methods listed in section 11.0301 of this Code no later than 30 calendar days following the conclusion of the hearing or a later date by stipulation of the parties. The Administrative Enforcement Order becomes final on the date of service, and subject to judicial review, in accordance with section 12.0412 of this Code. Employers found in violation must pay any civil penalties assessed to the City, and damages, including liquidated damages, to the Employee, with documentation of payment to the City. (j) The Enforcement Office may collect all civil penalties and related administrative costs in an Administrative Enforcement Order, by the use of all appropriate legal means, including referral to the City Treasurer for collections action and the recordation of a Code Enforcement Lien in accordance with the procedures set forth in Division 2, Article 3 of Chapter 1 of this Code. If unable to collect the obligation, the Enforcement Official must refer the obligation to the City Attorney, for a determination of further legal action to recover the damages, civil penalties, and costs. (k) A judgment entered in accordance with this Division must bear the same rate of interest and have the same effect as other judgments and be given the same preference allowed by the law on other judgments. (l) In lieu of contesting a Notice and Order, an Employer must transmit to the Enforcement Office the amount specified in the Notice and Order within 15 calendar days of service. (m) An Employer’s failure to respond to a Notice and Order or appear at an administrative enforcement hearing in accordance with the provisions of this Division will constitute a failure to exhaust administrative remedies. (n) The Enforcement Official must issue a Notice of Satisfaction to the Employer when all outstanding damages, penalties, and costs have been paid in full. (o) Throughout the administrative enforcement process set forth in this Division, Employees and Employers have the right to be represented by an attorney or other representative, at their own expense, and have the right to fully present all relevant evidence to the Enforcement Official or the Enforcement Hearing Officer. (p) The Enforcement Office may collaborate, including entering into a contract with, with workers’ rights advocates and community-based organizations to assist in outreach efforts and other governmental agencies to assist in enforcement. (q) The Enforcement Office must provide a summary report of its activities, including information requested by the City Council, each year to the City Council, as part of the annual budget process. (“Enforcement Office” added 8-3-2016 by O-20706 N.S.; effective 9-2-2016. Former Section 39.0113 “Compliance with Legal Agreements” renumbered to Section 39.0114.) (Amended 7-20-2026 by O-22127 N.S.; effective 8-19-2026.)

San Diego Municipal Code § 39.0114 Compliance with Legal Agreements

§39.0114 Compliance with Legal Agreements This Division must not be interpreted to modify any obligation of an Employer to comply with any contract, collective bargaining agreement, employment benefit plan, or other agreement providing higher wages or more Earned Sick Leave to an Employee. (“Compliance with Legal Agreements” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.) (Renumbered from Section 39.0113 on 8-3-2016 by O-20706 N.S.; effective 9-2-2016.)

San Diego Municipal Code § 39.0115 No Effect on Higher Wages or More Earned Sick Leave

§39.0115 No Effect on Higher Wages or More Earned Sick Leave This Division must not be construed to discourage or prohibit an Employer from providing higher wages or more Earned Sick Leave to its Employees. (“No Effect on Higher Wages or More Earned Sick Leave” added 2-8-2016 by O-20604 N.S.; effective 7-11-2016.) (Renumbered from Section 39.0114 on 8-3-2016 by O-20706 N.S.; effective 9-2-2016.)

San Diego Municipal Code § 39.0116 Effect of Invalidity; Severability

§39.0116 Effect of Invalidity; Severability If any section, subdivision, paragraph, sentence, clause, phrase, or other portion of this Division is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this Division, which shall continue in full force and effect. (“Effect of Invalidity; Severability” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.) (Renumbered from Section 39.0115 on 8-3-2016 by O-20706 N.S.; effective 9-2-2016.)

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/Ch03Art09Division01.pdf#page=1Fetched: 10/28/2026