Hayward Minimum Wage 2026 & Worker Rights: Rates, 2027 Increase

The Hayward minimum wage in 2026 is $17.79 an hour if your employer has 26 or more employees, and $16.90 an hour (the California rate) if it has 25 or fewer. On January 1, 2027, the rates rise to $18.39 and $17.40. The local rate applies to every hour you work inside Hayward city limits, as long as you work there at least two hours in a week.

The gap between the two tiers matters. At a large employer, being paid the state rate instead of Hayward’s rate costs you $0.89 for every hour in 2026. Over a year of full-time work, that is about $1,850 in unpaid wages, before penalties. For a side-by-side look at other cities, see our California minimum wage by city guide.

This guide explains who Hayward’s ordinance covers, how employer size is counted, what your employer must post and keep, which state laws (like paid sick leave) still apply, and how to report a violation.

Hayward minimum wage 2026 and 2027 rates

Hayward adopted its Minimum Wage Ordinance in 2020 (Hayward Municipal Code, Chapter 6, Article 15). It sets two tiers based on how many people the business employs. The City publishes the next year’s rate in an official bulletin, usually by October 1, and the new rate takes effect each January 1.

Employer size	Jan. 1, 2026	Jan. 1, 2027
26 or more employees (“large business”)	$17.79	$18.39
25 or fewer employees (“small business”)	$16.90 (state rate)	$17.40 (state rate)
California statewide minimum	$16.90	$17.40

The large-business rate is adjusted every January 1 by the change in the Consumer Price Index for the San Francisco-Oakland-Hayward area, and the yearly increase is capped at 5%. The small-business rate simply tracks California’s minimum wage, so small employers in Hayward pay whatever the state rate is.

Because Hayward’s large-employer rate is indexed above the state rate, it stays higher than California’s minimum: $0.89 more per hour in 2026 and $0.99 more per hour in 2027.

By the numbers$17.79

Who is covered, and how employer size is counted

You are covered if you perform at least two hours of work in a calendar week inside Hayward’s city limits and you are entitled to minimum wage under California law. Part-time and temporary workers are covered if they meet that test. It does not matter where you live or where your employer’s headquarters is.

• Employers outside Hayward: If your employer is based elsewhere but sends you to work in Hayward, it owes the Hayward rate for the hours you work in the city.
• Hours outside Hayward: Work you do outside the city is not covered by the local rate (state law still applies).
• Counting employees: Size is based on the total number of full- and part-time employees, including people who work outside Hayward. A chain with 40 employees across several cities is a large business even if only five work in Hayward.
• Nonprofits: Nonprofit organizations are not exempt. They pay the tier that matches their size.

The ordinance has a few narrow exemptions: government agencies (including school districts) for work tied to their governmental function, time spent on standby or on call under federal criteria, and certain college “auxiliary organizations.” Even a public agency must pay the local rate for things like gift shops, concessions and non-K-12 cafeterias, and private businesses leasing space from an exempt agency must pay it too. A union contract can waive the ordinance only if it says so in clear and unambiguous terms.

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Tips, benefits and other employer tricks

Your employer must pay at least the Hayward rate in actual wages for every hour worked. Under the City’s guidance:

• Tips do not count. Tips and gratuities cannot be used to make up any part of the minimum wage. California law already bans tip credits, and Hayward follows the same rule.
• Benefits do not count. Health insurance, vacation, sick leave and other fringe benefits cannot be credited toward the minimum wage.
• You cannot agree to less. An agreement to work for less than the Hayward minimum is not valid unless it is part of a bona fide collective bargaining agreement.

Common problems in local minimum wage disputes include misstating the company’s headcount to claim the small-business rate, failing to raise pay on January 1, paying the local rate on paper while shaving hours, and treating workers as independent contractors. If your pay rate seems wrong, compare your pay stubs against the table above and use our wage and hour calculator to estimate what you are owed.

Sector minimum wages that can pay more

Some Hayward workers are entitled to a higher statewide sector rate. When more than one minimum wage applies, you get the highest one.

• Fast food: $20.00 an hour for workers at limited-service restaurants that belong to national chains with more than 60 establishments nationwide (AB 1228).
• Health care: Under SB 525, covered health care facilities pay between $19.28 and $25.00 an hour as of July 1, 2026, depending on the type and size of facility.

Hayward does not have its own hotel, airport or other industry-specific minimum wage for private employers. A separate Hayward Living Wage Ordinance applies to certain businesses that hold contracts with the City.

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Paid sick leave and other protections in Hayward

Hayward has not adopted its own paid sick leave ordinance for private employers, so California’s paid sick leave law (Labor Code 246) applies. In general, you earn at least one hour of paid sick leave for every 30 hours worked, you can use at least 40 hours (or five days) per year, and your employer may cap your total accrual at 80 hours (or 10 days). Read more in our guide to California paid sick leave rights.

We also found no Hayward ordinance on predictive scheduling (fair workweek), hotel worker safety, worker retention after a sale, or gig-worker pay. State rules on overtime, meal and rest breaks, reporting-time pay and pay stubs apply in full.

By the numbersTwo hours

What your employer must post and keep

Every Hayward employer must:

• Post the City’s official minimum wage bulletin in a conspicuous place at each work site, in the top three languages spoken in Hayward.
• Give you, at the time of hire, a written notice with the employer’s name, address and phone number.
• Document all hours worked and keep payroll records for at least four years, and give the City access to them.

Records matter in a wage case. If your employer did not keep adequate records, or refuses the City access, your account of what you were paid is presumed accurate unless the employer proves otherwise by clear and convincing evidence.

💡 Example: Maria works 30 hours a week at a Hayward warehouse whose company employs 60 people across the Bay Area. In 2026 she is paid $16.90 an hour. The correct rate is $17.79, so she is shorted $0.89 an hour, or $26.70 a week. After 20 weeks, she is owed $534.00 in back wages, before any penalties or interest. (Hypothetical example.)

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How to report a Hayward minimum wage violation

Hayward does not have a dedicated labor standards office. The City’s minimum wage staff can answer questions at Minimum.Wage@hayward-ca.gov or (510) 583-5540, and the City directs workers who need to recover unpaid wages to the California Labor Commissioner (DLSE). The nearest office is the Oakland office at 1515 Clay Street, Suite 801, Oakland, CA 94612, (510) 622-3273.

1. Gather proof: pay stubs, your own log of hours and work locations, texts about schedules, and photos of the posted bulletin (or its absence).
2. Compare rates: confirm your employer’s headcount tier and the rate for each period you worked.
3. File a claim or get advice: you can file a wage claim with the Labor Commissioner, or talk to a lawyer about a court case. See wage claim vs. hiring a lawyer.
4. Watch the deadline: state wage claims generally must be filed within three years (four years for some claims under the Unfair Competition Law).

The ordinance gives workers real leverage. The City can issue notices of violation and citations of up to $50 per day for each affected employee, sue, or refer the case to the Labor Commissioner. You can also sue the employer directly. A worker who wins can recover back wages, a civil penalty of $50 per day for each day the violation continued, reinstatement and other relief, and the court must award reasonable attorney’s fees and costs.

Retaliation is illegal. If your employer takes adverse action against you within 90 days of complaining or asserting your rights, the law presumes it was retaliation. If you face discrimination or harassment, you can file with the California Civil Rights Department (CRD), generally within three years. Our wage and hour attorneys can review your situation.

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Frequently asked questions

What is the minimum wage in Hayward in 2026?

$17.79 an hour for employers with 26 or more employees and $16.90 an hour for employers with 25 or fewer. The rates apply to work performed inside Hayward city limits.

What will the Hayward minimum wage be in 2027?

The City has announced $18.39 an hour for large employers and $17.40 an hour (the new state rate) for small employers, both effective January 1, 2027.

Does Hayward have its own paid sick leave law?

No. Hayward workers are covered by California’s paid sick leave law, which guarantees at least 40 hours or five days of paid sick leave per year.

My employer says it is a small business. How do I check?

Count every full- and part-time employee the business has, including those working outside Hayward. If the total is 26 or more, the large-employer rate applies. Payroll records, job postings and other locations can help show the true size.

Do I have to be a Hayward resident to get the local minimum wage?

No. Coverage depends on where you work, not where you live. Anyone who works at least two hours a week inside Hayward is covered for those hours.

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Layoffs and help near Hayward

If you were laid off, check recent filings on our Hayward layoffs tracker and the Alameda County layoffs page, which list Cal-WARN notices. Our nearest office to Hayward is in Fresno, and we represent workers throughout California.

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