A Patchwork of Pay: A Lawyer’s Guide to California’s Multi-Layered Minimum Wage Landscape in 2025

I. Introduction: The New Reality of California Wage Compliance

The California minimum wage landscape for 2025 presents a paradigm shift in compliance for employers and a significant new challenge for the legal counsel advising them. The era of a single, predictable statewide rate has been definitively replaced by a complex, fragmented matrix of overlapping state, local, and industry-specific mandates. Advising a client on “the” minimum wage is no longer a matter of citing a single figure; it now requires a multi-variable legal analysis that must account for an employee’s physical work location, the employer’s industry, and in some cases, the size and operational characteristics of the business. This evolution from a uniform floor to a patchwork of targeted wage structures represents a fundamental reordering of wage and hour law in the state, demanding a more sophisticated and granular approach from legal practitioners.1

For employment lawyers and small business counsel, this new reality creates a strategic imperative to move beyond reactive compliance. The legal and financial risks associated with miscalculation have escalated dramatically. A single error in determining the applicable wage rate can trigger a cascade of liabilities, including statutory penalties, liquidated damages, substantial “waiting time” penalties for terminated employees, and broad exposure through class actions and lawsuits under the Private Attorneys General Act (PAGA).3 Furthermore, recent legislation has introduced the stark possibility of criminal prosecution for wage theft, elevating what was once a purely civil matter into the realm of grand theft.6 The potential for a minor payroll error to metastasize into a catastrophic legal and financial event is higher than ever. This report is designed to serve as an essential tool for legal practitioners to navigate this treacherous terrain, providing the clarity and detail necessary to deliver sound, defensible advice to their California clients.

This analysis will deconstruct California’s wage landscape layer by layer to provide a comprehensive and actionable guide. It begins with the foundational statewide minimum wage and its critical impact on exempt salary classifications. It then explores the first layer of complexity: the labyrinth of over 30 city and county ordinances that impose higher local rates. The report proceeds to a deep analysis of the second, industry-specific layer, dissecting the novel wage mandates for fast food (AB 1228) and healthcare (SB 525) workers. Finally, it addresses advanced compliance scenarios for multi-jurisdictional employers, details the severe consequences of non-compliance, and concludes with an actionable checklist for client audits.

II. The Foundation: California’s Statewide Minimum Wage

The starting point for any minimum wage analysis in California is the statewide rate, which serves as the absolute floor below which no employee’s pay can fall, unless a specific exemption applies. For 2025, this foundation has been simplified in one respect while its secondary effects have become more complex.

The 2025 Mandate

Effective January 1, 2025, California’s statewide minimum wage will increase to $16.50 per hour for all employers.1 This marks a significant milestone by unifying the state’s minimum wage, eliminating the two-tiered system that previously set different rates for “small” employers (25 or fewer employees) and “large” employers (26 or more employees). Since January 1, 2023, all employers have been subject to a single rate, and the 2025 increase continues this unified approach.8 This change simplifies one aspect of compliance, as employer size is no longer a variable in determining the state minimum wage.

The Inflationary Engine

The annual increase to the statewide rate is not an arbitrary legislative decision but the result of a statutory formula designed to adjust for inflation. Following the phased-in increases that brought the minimum wage to $15.00 per hour, California Labor Code now mandates annual adjustments based on the national Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W).8 A provision in the law allows for wages to be raised annually by up to 3.5% (rounded to the nearest 10 cents) for inflation.11 This mechanism ensures that the minimum wage maintains its purchasing power over time, but it also requires that employers and their counsel anticipate future increases as a regular component of financial planning and legal risk management.

The Critical Knock-On Effect: The New General Exempt Salary Threshold

Perhaps the most significant consequence of the statewide minimum wage increase for many businesses is its direct impact on the classification of salaried “white-collar” employees. The statewide rate is not merely a floor for hourly workers; it is the fulcrum upon which the state’s overtime exemptions rest. This dynamic has transformed the annual minimum wage adjustment into a primary driver of potential misclassification liability for exempt employees.

Under California law, for an employee to be properly classified as exempt from overtime under the executive, administrative, or professional exemptions, they must satisfy both a “duties test” and a “salary basis test.” The salary basis test requires that the employee earn a monthly salary of no less than two times the state minimum wage for full-time employment (defined as 40 hours per week).11

With the state minimum wage rising to $16.50 per hour, the minimum annual salary for these exempt employees increases accordingly. The calculation is as follows:

$$ (($16.50/\text{hour} \times 40 \text{ hours}/\text{week}) \times 52 \text{ weeks}/\text{year}) \times 2 = $68,640/\text{year} $$

Effective January 1, 2025, the new minimum salary for most exempt employees in California is $68,640 per year, which translates to $5,720 per month.14

This is a hard, non-negotiable floor. Any exempt executive, administrative, or professional employee earning less than this amount as of January 1, 2025, is automatically misclassified as a matter of law. Such misclassification means the employee is entitled to overtime pay for all hours worked beyond eight in a day or 40 in a week, meal and rest break premiums, and accurate wage statements, creating immense retroactive liability for the employer. This direct causal link between the hourly minimum wage and the exempt salary threshold necessitates that counsel advise clients to conduct an immediate and thorough audit of all exempt employee salaries to ensure compliance with the new $68,640 threshold. Failure to adjust salaries accordingly is one of the most significant and costly wage and hour risks businesses face in 2025.

This rising salary floor also creates predictable organizational challenges. As the minimum salary for exempt status increases, the pay differential between newly exempt employees and their direct supervisors or more tenured colleagues narrows. This phenomenon, known as wage compression, can lead to significant morale and internal equity problems when subordinate employees who receive overtime pay begin to earn more than their salaried managers.18 Legal counsel must therefore advise clients not only on the legal requirement of the new salary threshold but also on the practical, second-order consequences for their overall compensation structure.

III. The First Layer of Complexity: A Labyrinth of Local Ordinances

While the statewide rate sets the foundation, the first and most widespread layer of complexity comes from the dozens of cities and counties that have enacted their own minimum wage ordinances. This proliferation of local laws has effectively transformed California into a mosaic of distinct labor markets, each with its own wage floor reflecting local economic conditions and cost of living.1

The Supremacy Rule

The controlling legal principle for navigating this patchwork is straightforward: an employer must comply with the law that is most beneficial to the employee.8 In the context of minimum wage, this means that if an employee works within a city or county that has mandated a higher minimum wage than the state rate, the employer must pay the higher local rate.2 The state rate of $16.50 per hour is a floor, not a ceiling.

Navigating the Municipal Maze

As of 2025, more than 30 local jurisdictions have minimum wage rates that exceed the state’s $16.50 per hour mandate. The variance among these local rates is substantial. Some are only slightly higher than the state level, while a growing number, particularly in the San Francisco Bay Area and high-cost areas of Southern California, are approaching or exceeding $20.00 per hour.14 For example, as of July 1, 2025, the minimum wage in Emeryville will be $19.90, while West Hollywood’s rate is $19.65.19 This clustering of higher rates in major metropolitan areas reflects the explicit linkage in many local ordinances between the minimum wage and the local Consumer Price Index (CPI), creating regional wage standards that diverge significantly from the rest of the state.1 For businesses, this means that decisions about expansion and location are now inextricably linked to labor cost analysis, as operating in Fresno (subject to the $16.50 state minimum) presents a completely different wage environment than operating in Mountain View (at $19.20 per hour).19

Key Compliance Traps for Counsel to Flag

Navigating this municipal maze requires vigilance, as several common pitfalls can lead to significant liability for unwary employers.

  • Bi-Annual Compliance Cycles: A critical distinction between state and local laws is the timing of increases. While the state rate adjusts on January 1, many of California’s most prominent jurisdictions update their minimum wages on July 1 of each year. This includes Berkeley, Emeryville, Los Angeles (both the City and the County’s unincorporated areas), San Francisco, and Santa Monica.11 This bi-annual compliance cycle requires employers to monitor for and implement wage changes twice a year. Counsel must advise clients to calendar these mid-year deadlines to avoid inadvertently falling out of compliance for six months.
  • Tiered Rates: While the state has moved to a unified rate, some local ordinances continue to maintain tiered wage structures. These tiers can be based on employer size (e.g., Hayward, Novato, and Sonoma differentiate between small and large businesses) or may target specific industries.1 Several cities, including Oakland, Long Beach, and West Hollywood, have established even higher “hotel worker” minimum wages that apply to employees in that sector.9 This requires a more granular compliance analysis at the local level.
  • The Unincorporated Area Distinction: A frequent and costly error is the misapplication of a city’s minimum wage to a business located in an adjacent but unincorporated area of the same county. For example, a business in Hacienda Heights is within Los Angeles County but is not part of the City of Los Angeles. Therefore, it is subject to the Los Angeles County minimum wage ($17.81 per hour as of July 1, 2025), not the City of Los Angeles rate ($17.87 per hour).22 Counsel must impress upon clients the importance of verifying the precise jurisdiction of each worksite, as relying on mailing addresses or general geographic knowledge can lead to incorrect wage payments. Both Los Angeles County and San Mateo County have ordinances that apply specifically to their unincorporated areas.22

The following table provides a consolidated reference for local minimum wage rates across California for 2025, compiling data from numerous sources to offer a clear, at-a-glance guide for practitioners.

Jurisdiction (City/County)2025 Minimum Wage RateEffective DateNotes
Alameda$17.46July 1, 2025
Belmont$18.30January 1, 2025
Berkeley$19.18July 1, 2025
Burlingame$17.43January 1, 2025
Cupertino$18.20January 1, 2025
Daly City$17.07January 1, 2025
East Palo Alto$17.45January 1, 2025
El Cerrito$18.34January 1, 2025
Emeryville$19.90July 1, 2025
Foster City$17.39January 1, 2025
Fremont$17.75July 1, 2025
Half Moon Bay$17.47January 1, 2025
Hayward$17.36 / $16.50January 1, 2025$16.50 for employers with 25 or fewer employees.
Long Beach$18.58 / $25.00July 1, 2025General rate is the state minimum. $18.58 for concessionaire workers, $25.00 for hotel workers.
Los Altos$18.20January 1, 2025
Los Angeles (City)$17.87 / $22.50July 1, 2025$22.50 for large hotels (60+ rooms). 16
Los Angeles County (Unincorporated)$17.81July 1, 2025
Malibu$17.27July 1, 20242025 increase suspended. 19
Menlo Park$17.10January 1, 2025
Milpitas$18.20July 1, 2025
Mountain View$19.20January 1, 2025
Novato$17.27 / $17.00 / $16.50January 1, 2025Tiered by size: 100+ employees / 26-99 employees / 1-25 employees.
Oakland$16.89 / $18.36 / $24.48January 1, 2025Hotel worker rates vary based on provision of health benefits.
Palo Alto$18.20January 1, 2025
Pasadena$18.04July 1, 2025
Petaluma$17.97January 1, 2025
Redwood City$18.20January 1, 2025
Richmond$17.77January 1, 2025
San Carlos$17.32January 1, 2025
San Diego$17.25January 1, 2025
San Francisco$19.18July 1, 2025
San Jose$17.95January 1, 2025
San Mateo (City)$17.95January 1, 2025
San Mateo County (Unincorporated)$17.46January 1, 2025
Santa Clara$18.20January 1, 2025
Santa Monica$17.81 / $22.50July 1, 2025$22.50 for hotels and businesses on hotel property. 16
Santa Rosa$17.87January 1, 2025
Sonoma (City)$18.02 / $16.96January 1, 2025$16.96 for employers with 25 or fewer employees.
South San Francisco$17.70January 1, 2025
Sunnyvale$19.00January 1, 2025
West Hollywood$19.65 / $20.22January 1, 2025$20.22 for hotel employees. 16

Sources: 1

IV. The Second Layer: Industry-Specific Wage Mandates

On top of the state and local wage framework, the California legislature has imposed a second layer of complexity by enacting targeted, state-level minimum wages for specific industries. These laws represent a significant policy shift, moving beyond setting a general economic floor to intervening directly in the wage structures of the fast food and healthcare sectors. For employers in these industries, these mandates supersede both state and local minimums if they are higher.

A. The Fast Food Sector (AB 1228): A Deep Dive

Assembly Bill 1228 has fundamentally altered the compensation landscape for a large segment of the fast food industry in California.

  • The $20.00 Mandate and the Fast Food Council: Effective April 1, 2024, AB 1228 established a minimum wage of $20.00 per hour for covered “fast food restaurant employees”.7 The law also created a new regulatory body, the Fast Food Council, which is empowered to set standards for the industry and to implement annual wage increases from 2025 through 2029. These increases are capped at the lesser of 3.5% or the rate of change in the CPI.18 This gives the Council ongoing authority to shape wage policy in the sector, requiring continuous monitoring by affected businesses.
  • Defining a “Covered Employer”: Determining whether a restaurant is subject to AB 1228 is a critical threshold question for legal counsel. A “fast food restaurant” is covered only if it meets all three of the following criteria 28:
  1. It is a “limited-service restaurant,” defined as an establishment where patrons order and pay for food before consumption, with limited or no table service.
  2. It is part of a restaurant chain of at least 60 establishments nationwide. This count includes all locations sharing a common brand, regardless of ownership.
  3. It is primarily engaged in selling food and beverages for immediate consumption.
    The law explicitly applies to both corporate-owned locations and independently owned franchisee operations, meaning franchisees of large national brands are covered.28
  • Navigating the Nuanced Exemptions: The statute includes several specific and narrowly defined exemptions that are likely to be a focus of compliance disputes and litigation.
  • The Bakery Exemption: An establishment is exempt if, as of September 15, 2023, it operated a bakery that “produces” and sells “bread” as a stand-alone menu item. “Bread” is defined as a single-unit item weighing at least one-half pound after cooling. “Producing” means the establishment makes the dough on-site; simply baking pre-made dough is not sufficient.28
  • The Grocery Store Exemption: A restaurant is exempt if it is located and operates within a “grocery establishment” (a retail store over 15,000 square feet primarily engaged in selling household foodstuffs), and the grocery establishment itself is the employer of the restaurant staff.28
  • Other Exemptions: The law also carves out restaurants located within airports, hotels, large event centers (over 20,000 square feet or 1,000 seats), theme parks, and museums.18
  • The Heightened Exempt Salary Threshold: A crucial and easily overlooked consequence of AB 1228 is its impact on the salary threshold for exempt managers within the fast food industry. The law states that the $20.00 per hour rate “shall constitute the state minimum wage for fast food restaurant employees for all purposes” under the Labor Code.30 This language elevates the base for calculating the exempt salary test. The California Labor Commissioner’s Office has confirmed this interpretation in its FAQs.30 Therefore, the minimum salary for an exempt manager at a covered fast food restaurant is:
    $$ (($20.00/\text{hour} \times 40 \text{ hours}/\text{week}) \times 52 \text{ weeks}/\text{year}) \times 2 = $83,200/\text{year} $$
    This $83,200 threshold is more than $14,000 higher than the standard statewide exempt salary minimum. Fast food operators who fail to meet this industry-specific salary floor for their managers face significant misclassification liability.
  • Market Impact and Client Counseling: The implementation of AB 1228 has been accompanied by reports of significant economic adjustments within the industry, including price increases, reductions in staff hours, and job losses.29 While the political and economic debates surrounding the law continue, legal counsel should be prepared to discuss these practical business impacts with clients as they navigate compliance and make strategic decisions about staffing, pricing, and expansion in California.

B. The Healthcare Sector (SB 525): A Multi-Tiered Framework

Senate Bill 525 introduced an even more complex, multi-tiered minimum wage structure for the healthcare industry. The law, which became effective on October 16, 2024, establishes different wage schedules and implementation timelines based on the type, location, and financial characteristics of the healthcare facility.26 The first round of scheduled increases under this framework takes effect on July 1, 2025.

  • Deconstructing the Tiers: Unlike the single rate for fast food, SB 525 creates a detailed schedule of wages that will phase in over several years, eventually reaching $25.00 per hour for all covered facilities. The applicable rate for a specific employer depends on which category they fall into. The table below summarizes the key tiers and their rates for the period beginning July 1, 2025.
Facility Type/CategoryRate from Oct 16, 2024 – June 30, 2025Rate Effective July 1, 2025
Large Health Systems (10,000+ FTEs), Dialysis Clinics, Large County Facilities (Pop. > 5M)$23.00/hour$24.00/hour
Hospitals with High Gov’t Payor Mix, Rural Independent Facilities, Small County Facilities (Pop. < 250k)$18.00/hour$18.63/hour (3.5% increase)
All Other Covered Health Care Facilities (including most clinics and medium-sized county facilities)$21.00/hour$21.00/hour (No change until 2026)

Sources: 26

  • Defining “Covered Healthcare Facility” and “Covered Employee”: The scope of SB 525 is exceptionally broad.
  • Facilities: The law applies not only to hospitals and clinics but also to a wide range of other entities, including licensed skilled nursing facilities that are part of a hospital system, dialysis clinics, psychiatric facilities, and physician groups with 25 or more physicians.34
  • Employees: Critically, coverage is not limited to employees in clinical or patient-facing roles. The statute applies to any employee of a covered facility who provides “health care services or services supporting the provision of health care”.33 This broad definition explicitly includes roles such as janitors, housekeepers, groundskeepers, guards, food service workers, medical billing staff, and even gift shop employees working at a covered facility.34
  • The Unique Exempt Salary Calculation: SB 525 introduces a novel and more stringent salary test for exempt employees in the healthcare sector. To be properly classified as exempt, a salaried employee at a covered facility must earn a salary equivalent to the greater of:
  1. 150% of the applicable healthcare worker minimum wage for a full-time employee, or
  2. 200% of the standard statewide minimum wage.33

For an employee at a large health system subject to the $24.00 per hour rate effective July 1, 2025, this calculation would be:

  • 150% Healthcare Test: ( ( $24.00/hour × 40 hours/week × 52 weeks/year ) × 1.5 ) = $74,880/year
  • 200% Statewide Test: The standard threshold of $68,640.

In this scenario, the higher amount of $74,880 becomes the controlling minimum salary for exempt employees at that facility.35 This creates yet another distinct salary threshold that counsel must track.

  • Key Exclusions and Waivers: The law does not apply to facilities owned and operated by the State of California. It also temporarily excludes independent skilled nursing facilities not affiliated with a hospital system, pending further legislative action.34 Additionally, certain independent clinics may apply for a temporary waiver from the wage increases if they can demonstrate that compliance would jeopardize their operations.33

The state’s foray into industry-specific wage setting has created a three-tiered system for exempt employee classification, fundamentally altering misclassification risk analysis. Employers now face not one, but three potential salary thresholds. The statewide law establishes the baseline of $68,640. AB 1228 creates a second, higher tier for the fast food sector at $83,200. SB 525 creates a third, variable tier for healthcare, which for some facilities will be $74,880 as of July 1, 2025, and will continue to rise. This creates unprecedented complexity. A single large enterprise, such as a hospital system that also operates a franchise fast-food restaurant on its campus and maintains a separate corporate headquarters, could have employees subject to all three distinct salary minimums. This requires an exceptionally high level of diligence from legal counsel to ensure proper classification across the entire organization.

V. Advanced Compliance Scenarios and Practical Guidance

For businesses operating across California’s varied legal landscape, particularly those with mobile or remote workforces, understanding the interplay between different wage laws is essential. Counsel must be prepared to advise on these advanced compliance scenarios to prevent costly errors.

Advising Clients with Multi-Jurisdictional Operations

The foundational principle for employers with operations in multiple jurisdictions is to pay the highest applicable rate based on where the work is performed.2 This requires a location-specific analysis for each employee. A company with its headquarters in a city with a lower minimum wage cannot apply that rate to an employee working at a satellite office in a high-wage city. Each location must comply with its own local ordinance, and if an industry-specific rate like the fast food or healthcare wage is higher still, that rate must be paid. This necessitates maintaining separate wage structures for different locations.2

The Mobile Workforce Challenge

A frequent source of non-compliance involves employees who travel between different wage zones during a single workday, such as delivery drivers, service technicians, or in-home caregivers. The controlling legal standard in California is that if an employee performs work in more than one jurisdiction during a shift, they must be paid the highest minimum wage rate of any location in which they worked for all hours worked during that entire shift.2 For example, a driver who starts their shift in Pasadena ($18.04/hour) and makes deliveries in unincorporated Los Angeles County ($17.81/hour) must be paid the higher Pasadena rate for the full duration of that shift. Averaging rates or paying based on the time spent in each location is not compliant and creates liability.

Remote Work and Geographically Dispersed Teams

The rise of remote work has added another layer to this analysis. For remote employees, the applicable minimum wage is determined by the employee’s physical work location—typically their home office—not the location of the employer’s headquarters.2 A company based in Sacramento (subject to the state minimum) with an employee working remotely from their home in San Francisco must pay that employee the San Francisco minimum wage ($19.18/hour as of July 1, 2025). This requires employers to track the home location of each remote worker and apply the correct local wage, adding a significant administrative burden for companies with geographically dispersed teams.

Record-Keeping and Notice Posting Obligations

To defend against wage claims and ensure compliance, meticulous record-keeping and proper notice posting are not just best practices; they are legal requirements.

  • Record-Keeping: Employers must maintain accurate records that can withstand scrutiny from the Labor Commissioner or in litigation. This includes itemized wage statements (pay stubs) that clearly show the applicable pay rates for each location worked and detailed time records that document the work locations for mobile employees.2 For mobile workforces, technologies like geofencing or requirements for manual logs can be crucial for creating a defensible record.
  • Posting Requirements: California employers are obligated to conspicuously post numerous employment notices at each worksite.37 With the 2025 changes, this includes posting the updated California Minimum Wage notice reflecting the $16.50 rate, as well as the relevant industry-specific Wage Order.39 Furthermore, employers in jurisdictions with local minimum wage ordinances must also post the official notice for that locality.22 For industries with special rates, supplemental posters are required, such as the Minimum Wage Order Supplement for Fast Food Restaurant Employees.7 These posters must be displayed where employees can easily see and read them. If 10% or more of the workforce speaks a language other than English, a translated version of the poster is also required.37 For remote workers, while electronic distribution of notices is permitted, the law may still require the employee to physically post the notices in their home worksite.39

VI. The High Cost of Non-Compliance: Penalties and Litigation Risks

A failure to comply with California’s complex minimum wage laws can expose an employer to a staggering array of penalties and litigation risks. The state’s legal framework is designed to create a “penalty stacking” environment, where a single, seemingly minor act of miscalculation can trigger multiple, cascading forms of liability that can be financially devastating for a business.

Consider an employer in West Hollywood who mistakenly continues to pay the statewide minimum of $16.50 per hour instead of the required local rate of $19.65 per hour—a shortfall of $3.15 per hour. This single error immediately creates four distinct potential liabilities: (1) the unpaid back wages of $3.15 for every hour worked; (2) liquidated damages equal to the amount of those unpaid wages; (3) civil penalties payable to the state; and (4) exposure to a PAGA lawsuit where penalties can be stacked for each employee and each pay period. If that employee is later terminated, the failure to include the correct wage in their final paycheck is deemed a “willful” failure to pay, triggering up to 30 days of “waiting time” penalties. If the aggregate amount of unpaid wages across all affected employees exceeds statutory thresholds, the employer now faces the additional threat of criminal prosecution. This illustrates how a simple error can metastasize into a multi-front legal and financial crisis.

Statutory Penalties for Minimum Wage Violations

  • Civil Penalties (Labor Code § 1197.1): For paying less than the minimum wage, employers are subject to civil penalties payable to the state. For an initial violation that is committed intentionally, the penalty is $100 for each underpaid employee for each pay period they were underpaid. For each subsequent violation, the penalty increases to $250 per employee per pay period.3 These penalties are in addition to the recovery of the unpaid wages.
  • Liquidated Damages (Labor Code § 1194.2): In a civil action, an employee who was paid less than the minimum wage is entitled to recover not only the unpaid balance of their wages, including interest, but also liquidated damages in an amount equal to the wages unlawfully unpaid.3 This effectively doubles the employer’s liability for the wage shortfall itself.

Waiting Time Penalties (Labor Code § 203)

One of the most potent penalties in California wage law is the “waiting time” penalty. If an employer willfully fails to pay an employee all wages due at the time of termination, the employer is liable for a penalty equal to the employee’s average daily rate of pay for each day the wages remain unpaid, for a maximum of 30 calendar days.3 A failure to pay the correct minimum wage that carries through to the final paycheck is considered a willful violation. This penalty can easily exceed the underlying amount of unpaid wages and applies to any delay, even if only for a few days.5

Criminal Exposure (Penal Code § 487m)

A recent and dramatic development is the criminalization of significant wage theft. Under Assembly Bill 1003, which enacted Penal Code § 487m, the intentional theft of wages can now be prosecuted as grand theft.6 This applies if an employer withholds more than $950 from a single employee, or more than $2,350 in aggregate from two or more employees, within any consecutive 12-month period. Grand theft is a “wobbler” offense, meaning prosecutors have the discretion to charge it as either a misdemeanor or a felony. A felony conviction can result in up to three years in state prison and fines of up to $10,000, in addition to full restitution of the stolen wages.6 This law dramatically raises the stakes for employers and their officers, moving non-compliance from a business risk to a potential personal liberty risk.

Broad Litigation Exposure

Beyond direct statutory penalties, minimum wage violations are a primary driver of broader, more costly litigation. Lawsuits brought under the Private Attorneys General Act (PAGA) allow a single employee to sue on behalf of themselves and all other “aggrieved” employees to recover civil penalties that would otherwise be collected by the state. This can result in enormous penalty awards, as penalties are often calculated per employee, per pay period. Similarly, minimum wage violations are frequently the basis for class action lawsuits, which aggregate thousands of small individual claims into a multi-million dollar liability for the employer. The provision for an award of attorney’s fees to the prevailing employee in wage and hour cases further incentivizes litigation.

VII. Conclusion: Actionable Recommendations for Counsel

Navigating California’s 2025 minimum wage landscape requires a proactive and exceptionally diligent approach. For legal counsel, the primary role is to shift clients from a mindset of simple compliance to one of active risk management. The complexity of the law and the severity of the penalties for non-compliance demand a comprehensive and recurring review of all wage and hour practices. The following checklist and strategic recommendations can serve as a guide for lawyers auditing their clients’ operations.

Client Audit Checklist

Counsel should guide clients through a systematic audit covering the following critical points:

  • Verify Work Locations: Confirm the precise physical work location for every employee, including remote workers and those who travel between sites. Do not rely on mailing addresses.
  • Identify Applicable Local Rates: For each verified location, identify the controlling city or county minimum wage ordinance. Calendar all applicable increase dates, paying special attention to the many jurisdictions with July 1 effective dates.
  • Screen for Industry Mandates: Determine if any part of the client’s operation falls under the specific definitions of AB 1228 (Fast Food) or SB 525 (Healthcare). This screening must be granular, as a single enterprise could have operations subject to different rules.
  • Calculate the Highest Applicable Wage: For every non-exempt employee, determine the highest applicable minimum wage by comparing the state, local, and any relevant industry-specific rates.
  • Audit Exempt Employee Salaries: Conduct a thorough audit of all employees classified as exempt under the executive, administrative, or professional exemptions. Compare their current annual salary to the correct, applicable minimum threshold:
  • $68,640 (Standard Statewide)
  • $83,200 (Covered Fast Food)
  • Variable, higher threshold (Covered Healthcare, e.g., $74,880 for some facilities)
  • Review Workplace Postings: Physically inspect each worksite to ensure all required state, local, and industry-specific wage notices are posted, are up-to-date for 2025, and are accessible to all employees.
  • Verify Record-Keeping Practices: Review timekeeping and payroll records to ensure they can substantiate compliance, especially for mobile and remote employees whose applicable wage rates may vary.

Strategic Advice

Beyond the tactical audit, counsel should provide high-level strategic advice to help clients build resilient compliance systems:

  • Adopt Bi-Annual Reviews: Advise clients to abandon the practice of a single, year-end wage review. The prevalence of mid-year local ordinance changes necessitates, at minimum, a bi-annual review of all wage rates and practices.
  • Invest in Training: Recommend robust and recurring training for HR personnel, payroll administrators, and front-line managers. These individuals are the first line of defense against non-compliance and must be educated on the complexities of the multi-layered system.
  • Update Policies and Handbooks: Ensure that employee handbooks, compensation policies, and offer letters are updated to reflect the new legal landscape and do not contain outdated or incorrect information about wage rates or employee classification.
  • Promote Proactive Consultation: Above all, encourage clients to treat wage and hour compliance as a matter requiring ongoing legal guidance. They should be advised to consult with counsel before making key decisions about setting compensation, classifying employees, hiring remote workers, or expanding to new locations within California. In this complex environment, proactive legal advice is the most effective form of risk mitigation.

Works cited

  1. 2025 California Minimum Wage by City and County – Paycor, accessed October 19, 2025, https://www.paycor.com/resource-center/articles/california-minimum-wage/
  2. New California Minimum Wage Laws: Employer’s Guide – Mosey, accessed October 19, 2025, https://mosey.com/blog/new-california-wage-laws/
  3. Wage & Hour Claims in California | Chart & Remedies Guide, accessed October 19, 2025, https://bluestone.law/california-wage-hour-claims-and-remedies-chart/
  4. Labor Code Penalties | Duvel Law, APC., accessed October 19, 2025, https://www.duvel-law.com/labor-code-penalties
  5. Late Paycheck Penalties | California Wage Law 2025 – Bibiyan Law Group, accessed October 19, 2025, https://www.tomorrowlaw.com/late-paycheck-violations-california/
  6. Wage Theft in California | Penal Code 487m PC – Eisner Gorin LLP, accessed October 19, 2025, https://www.egattorneys.com/wage-theft-penal-code-487m
  7. Minimum Wage – California Department of Industrial Relations, accessed October 19, 2025, https://www.dir.ca.gov/dlse/minimum_wage.htm
  8. Minimum Wage Frequently Asked Questions – California Department of Industrial Relations, accessed October 19, 2025, https://www.dir.ca.gov/dlse/faq_minimumwage.htm
  9. Minimum Wage – City of Long Beach, accessed October 19, 2025, https://www.longbeach.gov/finance/business-info/compliance/minimum-wage/
  10. Minimum Wage Laws in California for 2025 – Shouse Law Group, accessed October 19, 2025, https://www.shouselaw.com/ca/labor/wage-and-hour/minimum-wage-law/
  11. California’s minimum wage is $16.50 in 2025 – CDA, accessed October 19, 2025, https://www.cda.org/newsroom/laws-regulations/californias-minimum-wage-increases-to-16-50-for-all-employers-on-jan-1/
  12. Professional Exemption in California – Who does it cover?, accessed October 19, 2025, https://www.shouselaw.com/ca/labor/wage-and-hour/exempt-employees/professional-exemption/
  13. The Professional Exemption in California, A Legal Guide (2023) – Work Lawyers, accessed October 19, 2025, https://www.worklawyers.com/professional-exemption-california/
  14. California Minimum Wage Increases – Labor & Employment Law Blog, accessed October 19, 2025, https://www.laboremploymentlawblog.com/2025/01/articles/california-employment-legislation/california-minimum-wage-increases/
  15. www.paycor.com, accessed October 19, 2025, https://www.paycor.com/resource-center/articles/california-minimum-wage/#:~:text=Starting%20January%201%2C%202025%2C%20California’s,exceptions%20to%20this%20minimum%20wage.
  16. California State and Local Minimum Wage 2025 – Pacific Payroll Group, accessed October 19, 2025, https://www.pacificpayrollgroup.com/blog/california-state-local-minimum-wage/
  17. The Labor Commissioner’s Office reminds employers that California’s Minimum Wage Increases to $16.50 per hour on January 1, accessed October 19, 2025, https://www.dir.ca.gov/DIRNews/2024/2024-107.html
  18. New California Law Hikes Worker Pay in Fast Casual Restaurants – Jackson Lewis, accessed October 19, 2025, https://www.jacksonlewis.com/insights/new-california-law-hikes-worker-pay-fast-casual-restaurants
  19. Inventory of US City and County Minimum Wage Ordinances – UC …, accessed October 19, 2025, https://laborcenter.berkeley.edu/inventory-of-us-city-and-county-minimum-wage-ordinances/
  20. West Coast Compliance Guide – GovDocs, accessed October 19, 2025, https://www.govdocs.com/home-page/resources/guides/west-coast-compliance-guide/
  21. Minimum Wage Ordinance | SF.gov, accessed October 19, 2025, https://www.sf.gov/information–minimum-wage-ordinance
  22. Minimum Wage for Businesses – Los Angeles County, accessed October 19, 2025, https://dcba.lacounty.gov/minimum-wage-for-businesses/
  23. New Minimum Wage Labor Law Posters: July 1 2025 – GovDocs, accessed October 19, 2025, https://www.govdocs.com/midyear-update-new-minimum-wage-labor-law-posters-for-july-1-2025/
  24. California – MinimumWage.com, accessed October 19, 2025, https://minimumwage.com/state/california/
  25. California Minimum Wage by City and County: What Employers Need to Know, accessed October 19, 2025, https://workforce.com/news/california-minimum-wage-by-city-and-county
  26. Minimum Wage Increases Coming Soon Across the Nation – Especially in California, accessed October 19, 2025, https://www.wagehourblog.com/minimum-wage-increases-coming-soon-across-the-nation-especially-in-california
  27. Fast Food Council – California Department of Industrial Relations, accessed October 19, 2025, https://www.dir.ca.gov/AB1228/AB1228.html
  28. Fast Food Minimum Wage Frequently Asked Questions, accessed October 19, 2025, https://www.dir.ca.gov/dlse/Fast-Food-Minimum-Wage-FAQ.htm
  29. The First Birthday of California’s $20 Fast Food Wage – Employment Policies Institute, accessed October 19, 2025, https://epionline.org/wp-content/uploads/2025/05/04012025_AB1228Anniversary_1.pdf
  30. A Primer on How to Deal with A.B. 1228 and the Fast Food Council’s Impact on Minimum Wage in the Golden State | California Employment Law, accessed October 19, 2025, https://californiaemploymentlaw.foxrothschild.com/2025/02/articles/advice-counseling/a-primer-on-how-to-deal-with-a-b-1228-and-the-fast-food-councils-impact-on-minimum-wage-in-the-golden-state/
  31. California’s minimum wage hike cost 18,000 fast-food jobs – Reason Magazine, accessed October 19, 2025, https://reason.com/2025/07/16/californias-minimum-wage-hike-cost-18000-fast-food-jobs-as-employment-ticked-up-in-other-states/
  32. California Minimum Wage MW-2023, accessed October 19, 2025, https://www.dir.ca.gov/iwc/MW-2025-SUPPLEMENT-health-care.pdf
  33. New Minimum Wage for California Health Care Workers Takes Effect October 16, 2024, accessed October 19, 2025, https://callaborlaw.com/blog/new-minimum-wage-for-california-health-care-workers-takes-effect-october-16-2024
  34. Health Care Worker Minimum Wage Frequently Asked Questions, accessed October 19, 2025, https://www.dir.ca.gov/dlse/Health-Care-Worker-Minimum-Wage-FAQ.htm
  35. SB 525/SB 828 – MINIMUM WAGES: HEALTH CARE WORKERS Frequently Asked Questions, accessed October 19, 2025, https://www.hr.uci.edu/partnership/totalrewards/files/SB-525-FAQs.pdf
  36. UC increases minimum wage for designated health care employees – UCnet, accessed October 19, 2025, https://ucnet.universityofcalifornia.edu/employee-news/uc-increases-minimum-wage-for-designated-health-care-employees/
  37. Pre-Order Your 2025 Mandatory, Updated Employment Notices …, accessed October 19, 2025, https://hrwatchdog.calchamber.com/2024/12/pre-order-your-2025-mandatory-updated-employment-notices-posters/
  38. Labor Law Posters – SF.gov, accessed October 19, 2025, https://www.sf.gov/labor-law-posters
  39. 2025 California and Federal Labor Law Posters – California Chamber of Commerce, accessed October 19, 2025, https://www.calchamber.com/california-labor-law/california-federal-labor-law-poster

Waiting time penalties – California Department of Industrial Relations – CA.gov, accessed October 19, 2025, https://www.dir.ca.gov/dlse/faq_waitingtimepenalty.htm