As used in this chapter, the following capitalized terms shall
have the following meanings:
means the City of Santa Rosa.
means any person who:
In a particular week performs at least two hours of work within
the geographic boundaries of the City for an employer; and
Qualifies as an employee entitled to payment of a minimum wage
from any employer under the California minimum wage law, as provided
under Section 1182.12 and Section 1197 of the California Labor Code.
means any person, including corporate officers or executives,
who directly or indirectly (including through the services of a temporary
services or staffing agency or similar entity) employs or exercises
control over the wages, hours or working conditions of any employee,
unless exempt by law.
means employees during their first 160 hours of employment
working in occupations in which they have no previous similar or related
experience. A learner may be of any age.
means an individual, corporation, partnership, limited partnership,
limited liability partnership, limited liability company, business
trust, estate, trust, association, joint venture, agency, instrumentality,
or any other legal or commercial entity, whether domestic or foreign.
"Person" shall also include the City.
(Ord. 2019-014 § 2)
(A)
Employees are covered by this chapter for each hour worked within the geographic boundaries of the City, except as otherwise provided in subsection (B), below.
(B)
An employee who is typically based outside the City and performs
work in the City on an occasional basis is covered by this chapter
in a one-week period only if the employee performs more than two hours
of work for an employer within the City during that one-week period.
(1)
Once an employee who works in the City on an occasional basis performs
more than two hours of work for an employer within the City during
a one-week period, payment for all time worked in the City during
that one-week period shall be made in compliance with the requirements
of this chapter.
(2)
Time spent in the City solely for the purpose of travelling through
the City from a point of origin outside the City to a destination
outside the City, with no employment-related or commercial stops in
the City except for refueling or the employee's personal meals or
errands, is not covered by this chapter.
(Ord. 2019-014 § 2)
(A)
Effective July 1, 2020, employers who employ 26 or more employees shall pay employees a wage of no less than $15.00 per hour. On and after January 1, 2021, the hourly wage shall be increased pursuant to subsection (D).
(B)
Effective July 1, 2020, employers who employ 25 or fewer employees
shall pay employees a wage of no less than $14.00 per hour.
(C)
Effective January 1, 2021, employers who employ 25 or fewer employees shall pay employees a wage of no less than $15.00 per hour plus the CPI-W pursuant to subsection (D).
(D)
On January 1, 2021, and annually thereafter, the minimum wage all
employers must pay to employees under this section, regardless of
the number of employees each employer employs, will be adjusted on
the Consumer Price Index for Urban Wage Earners and Clerical Workers
(CPI-W) for the San Francisco-Oakland-San Jose Consolidated Metropolitan
Statistical Area (or its successor index), which is published by the
U.S. Department of Labor. Beginning in October 2020, and annually
thereafter, the City will publicize the CPI-W or successor index for
that year, as well as the adjusted minimum wage that will apply for
all employers pursuant to this section which shall take effect on
January 1 of the ensuing year.
(E)
An employee who is a learner shall be paid not less than 85% of the
minimum wage required in accordance with this section and rounded
to the nearest $0.05 during their first 160 hours of employment. After
more than 160 hours of employment, employees covered by this subsection
shall be paid the applicable minimum wage pursuant to this section.
(F)
In determining the number of persons performing work for an employer
during a given week, all persons performing work for the same business
enterprise for compensation on a full-time, part-time, or temporary
basis shall be counted, including persons made available to work through
the services of a temporary services or staffing agency or similar
entity, regardless of whether the employees work inside of or outside
of the City. Separate entities will be considered an integrated enterprise
and a single employer under this chapter where one entity controls
the operation of the other entity or entities. The factors to consider
in making this assessment include, but are not limited to:
(G)
An employer may not deduct any amount from wages due an employee
pursuant to this section on account of any tip or gratuity, or credit
the amount or any part thereof of a tip or gratuity, against and as
a part of the wages due the employee from the employer pursuant to
this section.
(Ord. 2019-014 § 2)
All or any portion of the applicable requirements of this chapter
may be waived in a bona fide collective bargaining agreement, but
only if the waiver is explicitly set forth in that agreement in clear
and unambiguous terms. Unilateral implementation of terms and conditions
of employment by either party to a collective bargaining relationship
shall not constitute or be permitted as a waiver of all or any part
of the provisions of this chapter.
(Ord. 2019-014 § 2)
Except for waivers in accordance with Section 10-45.040, waiver of any requirement of this chapter by any employee shall be deemed contrary to public policy, void and unenforceable. Any attempt by an employer to cause employees to waive any of their rights under this chapter shall constitute a violation of this chapter subject to enforcement in accordance with Section 10-45.070.
(Ord. 2019-014 § 2)
Any of the following actions taken by an employer concerning an employee may be deemed retaliatory and a violation of this chapter subject to enforcement in accordance with Section 10-45.070:
(A)
Discharging, reducing in compensation of, taking adverse action against
or otherwise discriminating against any employee for opposing any
practice prescribed by this chapter, for participating in proceedings
related to this chapter, for seeking to enforce his or her rights
under this chapter by any lawful means, or for otherwise asserting
rights under this chapter.
(B)
Funding minimum wages required by this chapter by reducing wages
paid to any employee or by increasing charges to employees for parking,
meals, uniforms or other items.
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Taking adverse action against a person within 120 days of the
person's exercise of rights protected under this chapter shall raise
a rebuttable presumption of having done so in retaliation for the
exercise of such rights. The defendant must prove that the true and
entire reason for the adverse action was a legitimate business reason.
The plaintiff may rebut the defendant's asserted legitimate business
reason by showing that it was, in fact, a pretext.
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(Ord. 2019-014 § 2)
(A)
Statute of Limitations. The City and any persons aggrieved by a violation
of this chapter (or the aggrieved person's representative) may seek
remedies pursuant to this section for a period of three years prior
to the date the claim is filed with the City or the court.
(B)
Private Right of Action. The City and any person aggrieved by a violation of this chapter (or the aggrieved person's representative), may bring a civil action against any employer for violation(s) of this chapter in a court of competent jurisdiction to enforce the provisions of this chapter. Successful plaintiffs in actions pursuant to this subsection shall be entitled to such remedies specified in subsection (D) of this section as the court may order to enforce this chapter, and to an award of reasonable attorney's fees, witness fees and costs of litigation.
(C)
Administrative Enforcement.
(1)
Reporting Violations. An employee, an employee's representative,
or any other person may report any suspected violation of this chapter
to the City. The City will keep the identity of the person reporting
the violation confidential to the extent permitted by law, except
as necessary to enforce or permit enforcement of this chapter or other
applicable law.
(2)
Informal Resolution. The City may, in the City's sole discretion,
seek informal resolution of complaints of violations in this chapter.
(D)
Remedies for Violations. In addition to the remedies listed above
in this section, remedies available for violations of this chapter
include, but are not limited to, the following:
(1)
Award of any back wages unlawfully withheld, and payment of an additional
sum as a civil penalty in the amount of $50.00 for each employee whose
rights under this chapter were violated for each day or portion thereof
that the violation occurred or continued.
(2)
Award of interest on all due and unpaid wages at the legal rate of interest of 10% per annum; or, if award of interest at the rate of 10% per annum is not legally permitted, award of interest at the maximum legally-permitted rate up to but not exceeding 10% per annum. Interest shall accrue from the date that the wages were due and payable as provided in Part 1 of Division 2 of the California Labor Code (commencing with Section 200) up to and including the date immediately before the date when the wages were paid in full.
(3)
Injunctive relief that is within the jurisdiction of the adjudicatory
authority presiding over the proceedings.
(4)
For employees aggrieved by termination, demotion or other adverse action in retaliation for exercise of employees' rights pursuant to this chapter in violation of Section 10-45.060, in addition to the remedies above, reinstate-ment and return of the employee to the status quo ante, and an award of treble the wages lost due to violation.
(E)
No Cause of Action Against the City. To the maximum extent permitted
by law, nothing in this chapter may be construed to create a cause
of action against the City, or a basis for seeking an award of attorney's
fees against the City pursuant to the private attorney general's statute
in California Code of Civil Procedure Section 1021.5 or on any other
basis arising from or related to an employer's alleged violation of
the requirements of this chapter, and/or based on or related to the
City's prosecution or enforcement or alleged failure to prosecute
or enforce such alleged violation, and/or based on or related to the
City's implementation or alleged failure to implement the requirements
of this chapter.
(Ord. 2019-014 § 2)
(A)
Initial Notice of Employee Rights. Within one week of this chapter
taking effect, each employer shall give written notice to each employee
of employees' rights pursuant to this chapter. Each employer shall
give the same notice to each new employee within one week of the start
of each new employee's employment. The notice pursuant to this subsection
shall be in each language spoken by more than 10% of an employer's
employees and shall be posted in a conspicuous place at each workplace
or job site where any employee of that employer works. The City may
provide employers sample notices pursuant to this subsection and employers'
use of such sample notices in accordance with this subsection will
satisfy the requirements of this subsection.
(B)
Annual Notice of Employee Rights. Prior to January 1 of each year, the City may publish and make available to employers a notice suitable for posting in the workplace informing employees of the applicable minimum wage rates in effect pursuant to this chapter beginning January 1 of that year, and of employees' rights pursuant to this chapter. Any notice pursuant to this paragraph will be in English, Spanish and such other languages as provided in any administrative regulations promulgated pursuant to Section 10-45.120 of this chapter. Each employer shall post any notice pursuant to this paragraph in a conspicuous place at each workplace or job site where any employee of that employer works.
(C)
Initial and Annual Notice Regarding Employee Inquiries. Each employer
shall provide each employee, upon hiring and annually, written notice
including the employer's legal name, address, telephone number, and
the name and contact information for an employer representative responsible
for inquiries concerning compliance with this chapter.
(D)
Employer Records Retention. Each employer shall maintain a record
of each employee's name, his or her hours worked, and pay rate. Such
records shall be retained for at least a three-year period. Each employer
shall provide to each employee or each employee's representative a
copy of the records required to be maintained concerning that employee
pursuant to this subsection upon request during normal business hours.
Failure of an employer to maintain and provide records in accordance
with this subsection shall raise a rebuttable presumption that an
employee's account of how much he or she was paid in any proceeding
to enforce the providing of this chapter is accurate, which presumption
may be rebutted by competent evidence to the contrary.
(E)
Remedy for Violations of This Section. Employers that violate the requirements of this section shall be subject to administrative citation in accordance with Section 10-45.070(C)(3) of this chapter, and Chapter 1-30 of the City Code.
(F)
City Failure to Give Notice. Failure by the City to provide notice
as permitted pursuant to this section shall not create a basis of
liability of the City or any reason or purpose and shall not be a
defense to any employer's alleged failure to pay minimum wages or
to otherwise fully comply with the requirements of this chapter.
(Ord. 2019-014 § 2)
The purpose of this chapter is to establish minimum wages employers
must pay employees for hours employees work in the City, and to establish
remedies that employees and their representatives and the City may
seek for alleged employer violations of this chapter. This chapter
is not intended to create and may not be construed so as to create
any City duty to implement or enforce the requirements of this chapter.
(Ord. 2019-014 § 2)
The provisions of this chapter shall not be construed as limiting
any employee's right to obtain any other relief to which he or she
may be entitled at law or in equity.
(Ord. 2019-014 § 2)
The purpose of this chapter is to ensure minimum labor standards.
This chapter does not preempt or prevent the establishment of superior
employment standards (including higher wages) or the expansion of
coverage by ordinance, resolution, contract, or any other action of
the City.
(Ord. 2019-014 § 2)
Nothing in this chapter shall be interpreted or applied so as
to create any power or duty in conflict with any Federal or State
law.
(Ord. 2019-014 § 2)
The City Manager may promulgate regulations for the implementation
and enforcement of the chapter. Any regulations promulgated by the
City Manager shall have the force and effect of law and may be relied
on by employers, employees, and other parties to determine their rights
and responsibilities under the chapter.
(Ord. 2019-014 § 2)
