In this guide7 sections
The Cupertino minimum wage is $18.70 an hour in 2026, up from $18.20, effective January 1, 2026. Employers that are subject to Cupertino’s business license tax or maintain a facility in Cupertino must pay at least that rate to every employee, adult or minor, who works at least two hours a week in the city. That is $1.80 an hour more than California’s $16.90 minimum wage.
For a full-time worker, being paid the state rate instead of Cupertino’s adds up to about $72 a week, or more than $3,700 a year, before penalties. To compare Cupertino with Sunnyvale, San Jose and other nearby cities, see our California minimum wage by city guide.
This guide covers who Cupertino’s ordinance protects, how the rate is set, what to expect in 2027, which state protections (like paid sick leave) still apply, and where to report unpaid wages.
- $18.70 an hour is the Cupertino minimum wage for 2026, effective January 1, 2026 (up from $18.20).
- It covers adult and minor employees who work at least two hours a week in Cupertino for a covered employer.
- Tips are not included: your employer must pay the full $18.70 in wages.
- Cupertino has no local sick leave law, so California’s paid sick leave rules apply.
- The City directs complaints to the California Labor Commissioner’s San Jose office, (408) 277-1266; workers may also sue.
Cupertino minimum wage 2026: $18.70 an hour
Cupertino’s citywide minimum wage was created by Ordinance No. 16-2151, which added Chapter 3.37 (Minimum Wage Ordinance) to Title 3 of the Cupertino Municipal Code. The City adjusts the rate each year based on the U.S. Department of Labor’s regional Consumer Price Index.
| Period | Cupertino rate | California rate |
|---|---|---|
| 2025 | $18.20 | $16.50 |
| Starting Jan. 1, 2026 | $18.70 | $16.90 |
| Starting Jan. 1, 2027 | Not yet posted by the City | $17.40 |
Cupertino’s $18.70 matches the 2026 rate in the City of Santa Clara and is lower than in neighboring Sunnyvale ($19.50) and Mountain View ($19.70). If you work in more than one of these cities, each city’s rate applies to the hours you work there.
Who is covered by the Cupertino minimum wage
According to the City’s official 2026 notice, the ordinance covers:
- Employers that are subject to the Cupertino Business License Tax or maintain a facility in Cupertino. A company based elsewhere can be covered if it is subject to the City’s business license tax.
- Employees who perform at least two hours of work per week in Cupertino, including part-time workers.
- Adults and minors alike. The City states that the rate applies to adult and minor employees.
- All workers regardless of immigration status.
The notice also states that tips are not included, meaning tips cannot be used to reach the $18.70 minimum. Your employer must pay the full rate in wages, and any tips you earn are on top of it. California law separately bars employers from taking any part of a worker’s tips.
Your rights and your employer’s duties
The City’s notice says employees who assert their right to the city minimum wage are protected from retaliation, and that employees may file a civil lawsuit against their employer for any violation of the ordinance. Employers must post the official notice where employees can easily read it; the City publishes it in English, Chinese, Hindi and Spanish.
California law adds its own record-keeping and pay stub rules. Your employer must keep accurate time and payroll records and give you an itemized wage statement each payday showing your hours and rates (Labor Code 226). If your stub shows a rate below $18.70 for hours worked in Cupertino, that is strong evidence of a violation.
Unpaid wages can be recovered with penalties and interest. Get a free, confidential review of your pay records.
What happens to the Cupertino minimum wage in 2027
Cupertino adjusts its rate each January 1 for inflation. When we checked the City’s minimum wage page in early October 2026, it listed the 2026 rate and had not yet posted a 2027 figure. Check the City’s page later this fall for the official figure.
California’s minimum wage rises to $17.40 on January 1, 2027. Cupertino’s current rate is already higher, so the city rate will continue to apply to work in Cupertino.
Sector wages, sick leave and other protections
Some workers in Cupertino are owed more than the city minimum under state law:
- Fast food: $20.00 an hour for most workers at limited-service restaurants in national chains with more than 60 establishments.
- Health care: under SB 525, covered health care workers earn between $19.28 and $25.00 an hour as of July 1, 2026, depending on the facility.
We did not find a Cupertino paid sick leave, predictive scheduling, hotel worker or right-of-recall ordinance on the City’s website, so California law governs those areas. Under Labor Code 246 you earn at least one hour of paid sick leave for every 30 hours worked and may use at least 40 hours or five days a year. Read more in our guide to California paid sick leave rights. For recent layoffs, see the Cupertino layoffs page and our Santa Clara County layoffs tracker.
How to report unpaid minimum wage in Cupertino
Unlike San Jose, Santa Clara and Sunnyvale, which take complaints through a city office, Cupertino directs workers to the California Labor Commissioner.
- Gather records. Pay stubs, schedules and your own notes of the hours you worked in Cupertino. Our wage and hour calculator can estimate what you are owed.
- Raise it with your employer if it is safe. The City lists your employer as one place to turn, but you do not have to go to your employer first if you fear retaliation.
- Contact the Labor Commissioner. The San Jose office of the California Labor Commissioner is at 224 Airport Parkway, Suite 300, San Jose, (408) 277-1266, LaborComm.WCA.SJO@dir.ca.gov. Be ready to give your contact information, your employer’s name and address, your manager’s name, the type of work you do and how you are paid.
- Consider a lawsuit. The City’s notice confirms that workers may sue their employer for any violation of the ordinance. Discrimination or retaliation complaints can also go to the Civil Rights Department, generally within three years.
California wage claims generally must be brought within three years (four in some cases), so act promptly.
💡 Example: Priya works 24 hours a week at a Cupertino bakery and is paid $16.90, the state minimum. Cupertino required $18.70 in 2026, so she is short $1.80 an hour: $43.20 a week ($1.80 × 24), or $864.00 over 20 weeks, before penalties and interest. (Hypothetical.)
Unpaid minimum wage often comes with other wage and hour violations, such as unpaid overtime or missed rest breaks. We represent workers throughout California, including Cupertino; our closest office is in Fresno.
Frequently asked questions
What is the minimum wage in Cupertino in 2026?
$18.70 an hour, effective January 1, 2026, for employees who work at least two hours a week in Cupertino.
Does the Cupertino minimum wage apply to teenagers?
Yes. The City’s notice says the minimum wage applies to adult and minor employees who work two or more hours per week in Cupertino.
Can tips count toward the Cupertino minimum wage?
No. The City’s notice states that tips are not included, so your employer must pay at least $18.70 an hour in wages.
Who enforces the Cupertino minimum wage?
The City refers workers to the California Labor Commissioner’s San Jose office. Workers can also bring a civil lawsuit under the ordinance.
Does Cupertino have its own paid sick leave law?
No local sick leave ordinance was found. California’s paid sick leave law applies, guaranteeing use of at least 40 hours or five days per year.
Does the Cupertino rate apply if my employer is based in another city?
It can. The ordinance covers employers that maintain a facility in Cupertino or are subject to the Cupertino Business License Tax. If your employer is covered and you work at least two hours a week in Cupertino, you are owed at least $18.70 for those hours.
Workers only. Never employers.
At Employees First Labor Law, we represent California workers only, never employers. Our team has recovered more than $200 million for our clients, and we prepare every case as if it is going to trial. We have offices in Pasadena, Irvine, Long Beach, Pomona, Riverside, Bakersfield and Fresno, and we serve workers throughout California. Meet our team.
If you worked in Cupertino and were paid below the city minimum wage, or were punished for asking about your pay, we can review your situation. We help workers recover unpaid wages, penalties and interest under city and state law.
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This article provides general information about California law and is not legal advice for any specific situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
