This chapter shall be known as the “Minimum Wage Ordinance.”
The purpose of this chapter is to protect the public health,
safety and welfare. It does this by requiring that employees are compensated
by their employers or respective subcontractors in such a manner as
to enable and facilitate their individual self reliance within the
city of South San Francisco.
(Ord. 1587 § 2, 2019)
As used in this chapter, the following terms shall have the
following meanings:
shall mean a period of seven consecutive days starting on
Sunday.
means the city of South San Francisco.
means any person who:
In a calendar 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
by the state of California Industrial Welfare Commission.
means any person (including a natural person, corporation,
non profit corporation, general 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)
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.
shall mean an employee who is a learner as defined by California
Welfare Commission Order No. 4 2001.
shall have the meaning set forth in Section 8.71.030 of this chapter.
(Ord. 1587 § 2, 2019)
(a)
Employers
shall pay employees no less than the minimum wage set forth in this
chapter for each hour worked within the geographic boundaries of the
city.
(b)
On
January 1, 2020, the minimum wage shall be an hourly rate of fifteen
dollars.
(c)
Beginning
on January 1, 2021, and each January thereafter, the minimum wage
shall increase by a percentage amount equal to the prior year’s
increase, if any, in the Consumer Price Index (CPI) for San Francisco
Oakland San Jose as determined by the United States Department of
Labor. The change shall be calculated by using the August to August
change in the CPI to calculate the annual increase, if any, and rounded
to the nearest nickel. A decrease in the CPI shall not result in a
decrease in the minimum wage.
(d)
An
employer may not deduct an amount from wages due an employee on account
of any tip or gratuity, or credit the amount or any part thereof,
of a tip or gratuity, against, or as part of, the wages due the employee
from the employer.
(e)
An
employer must pay an employee who is a learner no less than eighty-five
percent of the city minimum wage for the first one hundred sixty hours
of employment. Thereafter, the employer must pay the learner employee
the city minimum wage.
(f)
All
requirements and provisions of this chapter shall be preempted and
ineffective if the state minimum wage is or becomes greater than the
minimum wage established by this chapter.
(Ord. 1587 § 2, 2019)
(a)
Following
the effective date of the ordinance codified in this chapter, the
city shall publish and make available to employers a bulletin announcing
the adjusted minimum wage rate, to take effect January 1 of the following
year. In conjunction with this bulletin, the city shall, by November
1 of each year, publish and make available to employers a notice suitable
for posting by employers in the workplace informing employees of the
current minimum wage rate and of their rights under this chapter.
(b)
Each
employer shall give written notification to each current employee,
and to each new employee at time of hire, of his or her rights under
this chapter. Failure to post such notice shall constitute a violation
of this chapter. Employers’ use of such notice shall constitute
compliance with this subsection.
(c)
The
city is authorized to prepare and make available to employers, in
the top three languages spoken by residents of the city as determined
by the city manager or designee after reviewing the most recent United
States Census Data, a notice suitable for posting by employers in
the workplace informing employees of the current minimum wage rate
and of their rights under this chapter.
(Ord. 1587 § 2, 2019)
The city manager, or designee, may promulgate regulations for
the implementation and enforcement of this chapter. Any regulation
promulgated by the city 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 this chapter. Any regulations
may establish procedures for ensuring fair, efficient and cost effective
implementation of this chapter, for monitoring employee compliance
with this chapter, and for providing administrative hearings or determining
whether an employer has violated the requirements of this chapter.
(Ord. 1587 § 2, 2019)
(a)
Enforcement
by the City. A violation of this chapter by an employer may be remedied
by any means available to remedy a violation of this code.
(b)
Private
Right of Action. An employee claiming harm from a violation of this
chapter may bring an action against the employer in court to enforce
the provisions of this chapter and shall be entitled to all remedies
available to correct any violation of this chapter, including, but
not limited to, back pay, reinstatement, injunctive relief, or civil
penalties as provided herein. An employee who is a prevailing party
in an action to enforce this chapter is entitled to an award of reasonable
attorney’s fees, witness fees and costs.
(c)
Remedies.
The remedies for violation of this chapter include, but are not limited
to:
(1)
Reinstatement, the payment of back wages unlawfully withheld, and
payment of an additional sum as a civil penalty in the amount of fifty
dollars to each employee whose rights under this chapter were violated
for each day or portion thereof that the violation occurred or continued,
and fines imposed pursuant to other provisions of state law.
(2)
Interest on all due and unpaid wages at the rate of interest specified
in subdivision (b) of Section 3289 of the California Civil Code, as
amended by state law, which shall accrue from the date that the wages
were due and payable as provided in Part 1 (commencing with Section
200) of Division 2 of the California Labor Code, as amended by state
law, to the date the wages are paid in full.
(3)
Reimbursement of the city’s administrative costs of enforcement
and reasonable attorney fees. The remedies, penalties and procedures
provided under this chapter are cumulative and are not intended to
be exclusive of any other available remedies, penalties and procedures
established by law which may be pursued to address violations of this
chapter.
(d)
Retention
of Records. Each employer shall maintain for at least three years
for each employee, a record of his or her name, hours worked and pay
rate. Each employer shall provide each employee with a copy of the
records relating to such employee upon the employee’s reasonable
request.
(Ord. 1587 § 2, 2019)
Violation of, or noncompliance with, any of the requirements
of this chapter or applicable provisions of this code, shall be subject
to any enforcement remedies available under the law and/or the city’s
municipal code. In addition, the city may enforce the violation of
this chapter by means of civil enforcement through a restraining order,
a preliminary or permanent injunction or by any other means authorized
by the law.
(Ord. 1587 § 2, 2019)
