In this guide9 sections
The minimum wage in unincorporated San Mateo County is $17.95 an hour in 2026, and it rises to $18.58 an hour on January 1, 2027. It covers work done outside city limits, in communities such as North Fair Oaks, El Granada, Pescadero and San Gregorio, for anyone who works there at least two hours a week.
The county rate is $1.05 an hour above California’s 2026 minimum of $16.90. For a farmworker or landscaper working 40 hours a week in the unincorporated area, that is $42 a week, or about $2,180 a year, that an employer paying only the state rate would owe. This guide explains where the county ordinance applies, who it covers, how the county’s labor office enforces it, and the penalties employers face. For rates in each Peninsula city, see our California minimum wage by city chart.
- Unincorporated San Mateo County’s minimum wage is $17.95 an hour in 2026 and $18.58 on January 1, 2027.
- It applies to anyone who works two or more hours a week outside city limits, no matter where the employer is based or how small it is.
- Tips cannot count toward the wage, and workers cannot waive it, even in writing.
- The county’s Office of Labor Standards and Enforcement (1-866-870-7725) investigates complaints and can order back pay, 10% interest and daily penalties.
- You generally have three years to file; California’s paid sick leave law applies because the county has no separate sick leave rule.
San Mateo County minimum wage 2026 and 2027
The County of San Mateo Minimum Wage Ordinance (County Ordinance Code Chapter 5.158) took effect on April 1, 2023, at $16.50 an hour. Each January 1 the rate rises by the lesser of 3.5% or the August-to-August change in the national CPI-W.
| Effective date | Unincorporated San Mateo County | California |
|---|---|---|
| January 1, 2026 | $17.95 per hour | $16.90 per hour |
| January 1, 2027 | $18.58 per hour | $17.40 per hour |
The 2027 rate comes from the Office of Labor Standards and Enforcement’s employer bulletin published October 1, 2026: CPI-W rose 3.52%, so the 3.5% cap applied. The state rate stays below the county rate in 2027.
Where the county rate applies
The ordinance covers only work performed in the unincorporated parts of San Mateo County. It does not apply inside incorporated cities. Several cities have their own higher or lower local rates, and in cities without one, the state minimum applies.
Addresses can be misleading. Many unincorporated addresses carry the name of a nearby incorporated city, so a mailing address alone does not tell you which law applies. The county provides an online lookup tool on its minimum wage page to check a specific address.
Where your employer is based does not matter. A business in Pacifica, or a farm labor contractor from another county, must pay the county rate for all time its employees spend working in the unincorporated area.
Who is covered
The ordinance covers virtually every employee who works at least two hours a week in unincorporated San Mateo County, including:
- Full-time, part-time, temporary, seasonal, per diem and on-call employees
- Workers who live elsewhere but work in the unincorporated area
- Employees of any age, including minors
- Workers of any immigration status. OLSE says it never asks about status
There is no small-business exemption. The narrow exceptions are an employer’s own parent, spouse or child; learners, who may be paid 85% of the county rate for their first 160 hours; and some workers under a collective bargaining agreement that expressly waives the ordinance (not allowed in the property services industry). Independent contractors are not covered, but many gig workers and others labeled contractors are employees under California’s ABC test.
Underpayment often comes with missed breaks and unpaid overtime. Get a free, confidential review of your pay records.
Tips, commissions and other pay
- Tips cannot be counted toward the county minimum wage.
- Commissions can count, as long as your total pay for the pay period equals at least your hours multiplied by $17.95.
- Meals and lodging can be credited only under strict conditions, including your written agreement.
- You cannot waive the county minimum wage, even by signing an agreement.
Higher state sector wages still apply in the unincorporated area: $20.00 an hour for fast food workers at national chains with more than 60 establishments, and SB 525 health care minimums that range from $19.28 to $25.00 an hour depending on the facility. Our wage and hour calculator can help you check your pay.
Paid sick leave and other local rules
The county ordinance does not include paid sick leave, so California law applies. Under Labor Code 246 you earn at least one hour for every 30 hours worked and can use at least 40 hours (five days) a year. Read more in our guide to California paid sick leave rights.
The county’s labor standards materials do not describe any fair workweek scheduling, hotel worker, worker retention or gig-worker pay ordinance for the unincorporated area.
Example: how back pay adds up
💡 Example (hypothetical): Luis works 40 hours a week on a farm near Pescadero and is paid the state minimum of $16.90 instead of the county’s $17.95. He is short $1.05 an hour, or $42 a week. Over 12 weeks, his unpaid wages total $504. The county can also order 10% annual interest on those wages and administrative penalties of up to $50 for each day the violation affected him.
How OLSE enforces the ordinance
The San Mateo County Office of Labor Standards and Enforcement (OLSE) launched in July 2025 and enforces the county ordinance. Since December 1, 2025, it also investigates minimum wage violations in Belmont, Burlingame, Foster City, Half Moon Bay, Menlo Park, Redwood City and the City of San Mateo.
- Labor Advice Hotline: 1-866-870-7725 (free, confidential, multilingual attorneys)
- Email: olse@smcgov.org
- Online: the inquiry form on the OLSE website
OLSE keeps complainants’ identities confidential, accepts complaints in any language and can open investigations on its own. If it finds a violation and the employer will not fix it, OLSE can issue an administrative citation, or the County Attorney can sue. For violations since July 10, 2025, an employer can be ordered to pay:
- Back wages plus 10% annual interest
- Administrative penalties to the worker of up to $50 per day the violation existed
- Administrative fees to the county of up to $50 per employee per day
- $500 per violation (up to $5,000 a year) for failing to keep payroll records for four years, post the notice or give OLSE access to records
In retaliation cases, OLSE or a judge can also order reinstatement and lost wages.
Deadlines and next steps
You generally must file with OLSE or in court within three years of the last violation. You do not need to go to OLSE before filing a lawsuit, and you can also bring state wage claims to the California Labor Commissioner (DLSE). Discrimination and harassment complaints go to the California Civil Rights Department (CRD).
- Keep your pay stubs and a record of the days and hours you worked, and where.
- Check whether your worksite is in the unincorporated area.
- Call the OLSE hotline or talk to an employment lawyer about your options.
- Ask about related claims such as missed meal breaks or unpaid overtime. See our guide to wage and hour violations.
If you lost your job in a layoff, our San Mateo County layoffs page tracks recent WARN notices.
Frequently asked questions
What is the San Mateo County minimum wage in 2026?
$17.95 an hour in the unincorporated areas, effective January 1, 2026.
What will it be in 2027?
$18.58 an hour starting January 1, 2027, according to OLSE’s October 1, 2026 bulletin.
Does the county rate apply in Redwood City or San Mateo?
No. Incorporated cities follow their own ordinances or the state minimum. The county rate applies only in unincorporated areas.
Can I complain without giving my name to my employer?
OLSE keeps the identities of complainants and witnesses confidential, and retaliation for complaining is illegal.
Are gig workers covered?
Many are, if they are employees under California law and work two or more hours a week in the unincorporated area. App-based drivers covered by Proposition 22 are generally treated as contractors.
Employees First Labor Law represents workers throughout California. Our nearest office to San Mateo County is in Fresno, and we can review your case by phone or video.
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 unincorporated San Mateo County and were paid below the county minimum wage, denied sick leave or punished for complaining, we can review your records and explain what you may be owed. We represent workers only.
- ✅ Free, confidential consultation
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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.
