In this guide8 sections
The Milpitas minimum wage is $18.50 an hour as of July 1, 2026. From January 1 through June 30, 2026, it was $18.20. It applies to adult and minor employees who work at least two hours a week in Milpitas for an employer that is subject to the City’s business license requirement or keeps a business facility in the city.
That is $1.60 an hour more than California’s 2026 minimum of $16.90. A full-time worker paid the state rate instead of the Milpitas rate loses about $3,330 over a year, before penalties. For other cities, see our California minimum wage by city guide.
This guide explains who is covered in Milpitas, when the rate changes, how the City of San Jose enforces Milpitas’s ordinance, which state laws (including paid sick leave) apply, and what to do if you are underpaid.
- Milpitas’s minimum wage is $18.50 an hour as of July 1, 2026 (it was $18.20 from July 2025 through June 2026).
- It covers adult and minor employees who work at least two hours a week in Milpitas for employers licensed in or operating a facility in the city.
- The rate changes every July 1 with Bay Area inflation. The July 2027 amount has not been announced.
- Milpitas has no local sick leave law, so California’s paid sick leave rules apply.
- The City of San Jose’s Office of Equality Assurance enforces the ordinance: (408) 535-8430, MyWage@sanjoseca.gov.
Milpitas minimum wage 2026 and the July 2027 increase
The Milpitas City Council adopted its citywide minimum wage (Ordinance No. 292) in February 2017. Milpitas adjusts its rate on July 1 each year rather than January 1.
| Effective date | Milpitas minimum wage |
|---|---|
| July 1, 2023 | $17.20 |
| July 1, 2024 | $17.70 |
| July 1, 2025 | $18.20 |
| July 1, 2026 | $18.50 |
| July 1, 2027 | Not yet announced |
The City adjusts the rate every July 1 based on the Bay Area Consumer Price Index published by the U.S. Department of Labor. The July 2027 figure has not been announced. Recent increases have been posted on the City’s minimum wage page ahead of each July 1, so check there in the spring.
California’s minimum wage is $16.90 in 2026 and rises to $17.40 on January 1, 2027. Milpitas’s $18.50 stays above both, so the local rate continues to control for work performed in Milpitas.
Who is covered in Milpitas
According to the City’s official notice, the Milpitas minimum wage covers:
- Employers that are subject to the Milpitas business license requirement or that maintain a business facility in Milpitas.
- Employees, adult or minor, who perform at least two hours of work per week in Milpitas.
- Workers regardless of immigration status. The City’s Know Your Rights notice says covered employees have these rights regardless of immigration status.
There is one rate for all covered employers, with no separate small-business rate listed by the City. The official notice also states that tips are not included in the minimum wage, so tips cannot be used to make up the $18.50.
The City’s FAQ says the ordinance has no small business exemption and that employees of nonprofit agencies must also be paid the Milpitas rate. It does carve out two groups: an employer’s own parents, spouse, children and domestic partner are not covered, and salaried employees who properly qualify as exempt under California law are governed by state rules instead. If your employer claims you are exempt for any other reason, ask which provision it relies on and get advice before accepting less than $18.50.
Sector minimum wages that can pay more
If more than one minimum wage applies to your job, you get the highest one. Two statewide sector rates can exceed Milpitas’s minimum:
- Fast food: $20.00 an hour at limited-service restaurants in 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.
Milpitas does not list any hotel, airport or other industry-specific minimum wage of its own.
If your employer kept paying the old rate after July 1 or is not paying the local minimum at all, you may be owed back wages plus penalties. Get a free, confidential case review.
Paid sick leave and other protections in Milpitas
The City’s minimum wage materials do not include a local paid sick leave requirement, and we did not find a separate Milpitas sick leave ordinance. California’s paid sick leave law (Labor Code 246) applies: you earn at least one hour for every 30 hours worked, you can use at least 40 hours (or five days) per year, and your employer may cap accrual at 80 hours (or 10 days). See our guide to California paid sick leave rights.
We also found no Milpitas fair workweek (predictive scheduling), hotel worker protection, worker retention or gig-worker pay ordinance. State law on overtime, meal and rest breaks, reporting-time pay and pay stubs applies in full.
What Milpitas employers must post
Milpitas employers must print and post two City notices where employees can easily read them: the Official Notice of the current minimum wage rate and the Know Your Rights notice. The City publishes both in several languages, including English and Chinese.
Keep your own records too. A simple log of the dates and hours you worked in Milpitas, plus your pay stubs, is often the most important evidence in a wage claim. Our wage and hour calculator can help you estimate the shortfall.
💡 Example: Kevin works 30 hours a week at a warehouse in Milpitas. After July 1, 2026, his employer keeps paying him the old $18.20 rate instead of $18.50. He is shorted $0.30 an hour, or $9.00 a week. After 26 weeks, he is owed $234.00 in back wages, before penalties. Small gaps like this are easy to miss but add up across a workforce. (Hypothetical example.)
How to report a Milpitas minimum wage violation
Milpitas has authorized the City of San Jose’s Office of Equality Assurance (OEA) to enforce its minimum wage ordinance. Complaints and questions go to:
- City of San Jose, Office of Equality Assurance, 200 E. Santa Clara Street, 5th Floor, San Jose, CA 95113
- Phone: (408) 535-8430
- Email: MyWage@sanjoseca.gov
The City says its services are free and confidential. When you contact OEA, you will be asked for your name and contact information, your employer’s name, address and phone number, your manager’s or owner’s name, the type of work you do, how and when you are paid, and any pay stubs or records of your hours.
- Gather proof: pay stubs, a log of hours worked in Milpitas, schedules and messages.
- Contact OEA or file elsewhere: file with OEA, file a wage claim with the California Labor Commissioner, or speak with a lawyer. Our guide on wage claims vs. hiring a lawyer explains the differences.
- Act promptly: state wage claims generally must be filed within three years (four years for some claims under the Unfair Competition Law).
According to the City’s official notice, employees may file a civil lawsuit against their employer for any violation of the ordinance or file a complaint with the City. The City investigates, has access to payroll records, and can enforce violations by ordering reinstatement, payment of back wages unlawfully withheld, and penalties.
Your employer cannot fire you or otherwise retaliate against you for filing a complaint. For discrimination or harassment, you can file with the California Civil Rights Department (CRD), generally within three years. Learn how our wage and hour attorneys help workers recover unpaid wages.
Frequently asked questions
What is the Milpitas minimum wage in 2026?
$18.50 an hour from July 1, 2026. From January 1 to June 30, 2026, the rate was $18.20.
When does the Milpitas minimum wage go up next?
On July 1, 2027, based on the Bay Area Consumer Price Index. The City has not announced the amount yet.
Does Milpitas have its own paid sick leave law?
We found no Milpitas paid sick leave ordinance. Milpitas workers are covered by California’s paid sick leave law, which guarantees at least 40 hours or five days per year.
Who enforces the Milpitas minimum wage?
The City of San Jose’s Office of Equality Assurance enforces it on Milpitas’s behalf. Call (408) 535-8430 or email MyWage@sanjoseca.gov.
Can my employer count tips toward the Milpitas minimum wage?
No. The City’s notice states that tips are not included, and California law separately bars employers from using tips to meet the minimum wage.
Help near Milpitas
For recent Cal-WARN layoff notices in the area, see our Santa Clara County layoffs page. Our nearest office to Milpitas is in Fresno, and we represent workers throughout California.
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 work in Milpitas and were paid below the local minimum wage, denied sick leave, or retaliated against for complaining, our attorneys can review your pay records and explain your options. We represent workers only, never employers.
- ✅ Free, confidential consultation
- ✅ We represent workers only, never employers
- ✅ Se habla español: Empleados Primero
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.
