This chapter shall be known as the "Norwalk Living Wage Ordinance."
The purpose and intent of this chapter is to ensure that employees
of the City of Norwalk, or employees of any entity that receives a
substantial tax benefit from the City of Norwalk, or employees of
any entity that receives substantial compensation by reason of a contract
with the City of Norwalk to provide items or services, are paid a
wage sufficient for a family of four to live at or above the federal
poverty level. This would permit a family to meet basic needs in housing,
child care, food, clothing, household items, transportation, health
care, and taxes, and thereby reduce that family's dependence
on other taxpayer-funded social programs.
For purposes of this Living Wage Chapter, the following terms
have the meanings indicated:
CITY OF NORWALK or CITY
The government of the City of Norwalk, or any department,
board, agency, or commission of the City of Norwalk, but does not
include the Norwalk Board of Education, its departments, or any entity
under the jurisdiction of the Board of Education.
COVERED EMPLOYER
The City of Norwalk, or any individual or entity that is
the contracting party pursuant to a service contract entered into
after the effective date of this Living Wage Chapter, or any individual
or entity that is the named recipient of a tax benefit approved after
the effective date of this Living Wage Chapter, except that the following
shall not be considered covered employers for purposes of this Living
Wage Chapter:
A.
Charitable foundations, charitable trusts or nonprofit agencies
or nonprofit corporations, provided that the foundation, trust or
nonprofit agency or corporation is exempt from federal income taxation
and may accept charitable contributions under Section 501 of the Internal
Revenue Code of 1986, or any subsequent corresponding internal revenue
code of the United States, as from time to time amended; or
B.
Any entity that employs fewer than 25 employees.
ELIGIBLE EMPLOYEE
A person who is employed by a covered employer, during a
period when a service contract or a tax benefit is in effect, who
is a permanent employee, working on a full-time basis, with a normal
workweek of 30 or more hours. The following shall not be considered
eligible employees for purposes of this Living Wage Chapter:
A.
An employee of the City of Norwalk who is a temporary or seasonal
employee. For purposes of this Living Wage Chapter, any employee whose
accumulated compensated hours in a calendar year is less than 0.75
FTE shall be considered a temporary or seasonal employee; or
B.
An employee less than 18 years of age; or
C.
An employee who is hired as part of a school-to-work program;
or
D.
A student who serves in a work-study program or as an intern
in a position that advances the student's career potential; or
E.
A trainee participating for not more than six months in a training
program; or
F.
An employee enrolled in a governmentally funded vocational rehabilitation
program; or
G.
A volunteer working without pay; or
H.
An employee exempted under Section 14(c) of the Fair Labor Standards
Act due to his or her disabilities; or
I.
Any person whose wage rate is subject to a federal or State
of Connecticut statute or regulation mandating a prevailing wage rate.
HEALTH BENEFITS
Comprehensive family medical coverage which does not require
the employee to contribute more than 33% of his or her annual wages
towards the payment of the health insurance premiums and deductibles.
LIVING WAGE
A minimum hourly wage rate, before taxes and all other employer
deductions, which, when paid for 40 hours of work per week, 52 weeks
per year, is equal to 115% of the poverty threshold for a family of
four, as published annually in the Federal Register by the U.S. Department
of Health and Human Services under the authority of Section 673(2)
of the Omnibus Reconciliation Act of 1981.
SERVICE CONTRACT
Any contract awarded by the City of Norwalk to any individual
or entity for services, which involves an expenditure of $25,000 or
more in any one fiscal year. The following shall not be considered
service contracts for purposes of this Living Wage Chapter:
A.
Any contract for the purchase or lease of goods, products, equipment,
commodities or supplies; or
B.
Any contract where services are provided incidental to the purchase,
lease or delivery of goods, products, equipment, commodities or supplies;
or
C.
Any interlocal cooperation agreements between the City of Norwalk
and other governmental entities, or any contract where the City of
Norwalk has joined with other municipalities in a regional or collaborative
effort to contract with private concerns to provide municipal services.
TAX BENEFIT
Any agreement approved by the City of Norwalk for a tax credit,
tax exemption, tax assessment arrangement or tax abatement for property
taxes otherwise payable to the City of Norwalk, with a total value
of at least $25,000.
No less than 90 days after the commencement of each fiscal year,
the City Finance Department shall forwarded a living wage report to
the Common Council, indicating for each service contract or tax benefit
in effect during the previous fiscal year:
A. A general description of the service contract or tax benefit and
the nature of the covered employer; and
B. The number of eligible employees working for each covered employer,
broken down by job title, and the wage rate paid for each position
for each such that it can be determined that all eligible employees
earn at least the living wage; and
C. The cost to the City in terms of increased payroll expenditures for
persons employed by the City who receive a living wage but, in the
absence of this Living Wage Chapter, would not be eligible to receive
a living wage; and
D. To the extent feasible, an estimate of the total annual cost to the
City attributable to the effect of this Living Wage Chapter, taking
into account such factors as increased expenditures for service contracts
subject to this Living Wage Chapter as compared to similar or equivalent
contracts not subject to this Living Wage Chapter, or changes observed
in the quantity or quality of bidders for City service contracts,
or any other reasonably measurable and quantifiable monetary impact
observed in connection with the implementation of this Living Wage
Chapter; and
E. To the extent feasible, an estimate of the total City employee hours
dedicated to implementation, oversight and enforcement of the provisions
of this Living Wage Chapter.
Covered employers shall make best efforts to attempt to fill
all new positions which result from a service contract or tax benefit
with residents of the City of Norwalk.
This chapter shall take effect upon publication in accordance
with the City Charter.