Editor's Note: Prior ordinance history – Parts of
Ordinance No. 85-21 were previously codified in this chapter, and
were not specifically repealed by the adoption of Ordinance No. 97-505.
This chapter shall be known as the "Living Wage Ordinance" of
the city.
(Prior code § 2715; Ord. 97-505 § 2, 1997; Ord. 22-1179 § 1, 2022)
This chapter is enacted for the purpose of improving the quantity
and quality of services received by the city from its service contractors.
It is also the purpose of this chapter to promote an economic environment
that protects public resources devoted to social support services.
(Prior code § 2716; Ord. 97-505 § 2, 1997; Ord. 22-1179 § 1, 2022)
Wherever they appear in this chapter, the following defined
terms shall have the meanings provided in this section, unless it
is apparent from their context that a different meaning is intended:
means the City Manager of the City of West Hollywood or the
designee thereof.
means any person that enters into a service contract with
the city.
means any discrete financial assistance awarded by the city
that is over one hundred fifty thousand ($150,000.00) per year, unless
the grant-funding agency indicates that this chapter should not apply
or there is a court order finding that this chapter should not apply.
"Covered grant" does not include a pass through grant, i.e. a grant
received by the city to transfer directly to a secondary recipient.
means any person that both: (A) is employed by an employer
or a temporary employment agency; and (B) expends any of their time
in the performance of work related to a service contract. "Employee"
shall not include managerial, supervisory, and confidential personnel.
"Employee" also shall not include persons required to possess an occupational
license.
means any contractor or subcontractor that enters into a
service contract with the city unless exempted under this chapter.
means any individual, partnership, copartnership, firm, association,
joint stock company, corporation, or combination of the above in whatever
form or character.
means any person that is awarded a covered grant by the city.
means a contract that: (A) is awarded to a contractor by
the city primarily for the furnishing of services to, or for, the
city; (B) involves an expenditure in excess of $25,000; and (C) has
a term of at least three months. "Service contract" includes a contract
where the city pays a contractor but is ultimately reimbursed by a
third party. "Service contract" does not include a contract where
the contractor gets paid directly by third parties, rather than by
the city.
means any person that enters into a contract with a contractor
to assist the contractor in the performance of a service contract.
"Subcontractor" shall not include any person that is an employee of
a contractor.
means a non-profit corporation that provides supported employment
jobs for individuals with most significant disabilities in an integrated
employment setting, and that has been certified by the city as a supported
employment employer.
means wage-paying, subsidized employment by a non-profit
corporation that combines actual work, skill development, and supportive
services to help participants overcome barriers to employment.
includes, but is not limited to, counseling services, individual
case management, pre-employment job readiness training, daily monitoring
of participants while on the job, provision of unsubsidized competitive
employment opportunities, and assistance in applying for, obtaining,
and maintaining unsubsidized competitive employment.
means a contractor that, on a temporary basis, provides the
city with one or more employees that work under the city's direction.
means a non-profit corporation that provides transitional
jobs for the long-term unemployed, and that has been certified by
the city as a transitional employer.
means short-term, wage-paying, subsidized employment in a
non-profit corporation that combines actual work, skill development,
and supportive services to help participants overcome barriers to
employment and transition to unsubsidized competitive employment.
(Prior code § 2717; Ord. 97-505 § 2, 1997; Ord. 04-693 § 1, 2004; Ord. 22-1179 § 1, 2022)
a.
Wages. On July 1, 2022, the established living wage rate in West Hollywood is $19.35 per hour. Employers shall pay employees a wage of no less than the living wage established pursuant to this section for all hours that the employee works, regardless of whether the hours worked are directly related to work on a service contract or covered grant except as set forth in Section 3.20.080(b).
b.
Compensated Time Off. Employers shall provide employees at least ninety-six compensated hours off per year for sick leave, vacation, or personal necessity at the employee's request. The provisions regarding compensated time off set forth in Municipal Code Section 5.130.030 shall apply to this chapter.
c.
Uncompensated Time Off. Employers shall provide employees at least eighty uncompensated hours off per year for sick leave for the illness of the employee or their immediate family where the employee has exhausted their compensated days off for that year. The provisions regarding uncompensated time off set forth in Municipal Code Section 5.130.030 shall apply to this chapter.
d.
Living Wage Rates Adjustments. The living wage rate shall
be increased annually each July 1, beginning July 1, 2023, based on
the Consumer Price Index (CPI) for Urban Wage Earners and Clerical
Workers (CPI-W), or its successor index, for the Los Angeles metropolitan
area, as published by the U.S. Bureau of Labor Statistics or its successor
agency. The rate will be determined by the annual average of the twelve-month
percent change for the prior year and will be posted by April 1 of
each year.
e.
Records. Every employer shall retain payroll records pertaining
to employees for no less than three years demonstrating compliance
with this chapter.
(Prior code § 2718; Ord. 97-505 § 2, 1997; Ord. 04-693 § 2, 2004; Ord. 11-868 § 1, 2011; Ord. 22-1179 § 1, 2022; Ord. 24-14, 5/20/2024)
Employers shall inform employees of their possible right to
the earned income tax credit under federal and state law.
(Prior code § 2719; Ord. 97-505 § 2, 1997; Ord. 22-1179 § 1, 2022)
All service contracts shall provide that violation of this chapter
shall entitle the city to terminate the contract and otherwise pursue
legal remedies that may be available.
(Prior code § 2720; Ord. 97-505 § 2, 1997; Ord. 22-1179 § 1, 2022)
Recipients of covered grants shall comply with the requirements
for employers that are set forth in this chapter.
(Prior code § 2721; Ord. 97-505 § 2, 1997; Ord. 22-1179 § 1, 2022)
a.
General. Except as otherwise provided herein, the provisions
of this chapter shall apply to: (1) employers and temporary employment
agencies with whom the city consummates a service contract or an amendment
to a service contract; and (2) recipients to whom the city awards
a covered grant.
b.
Employees with Different Pay Rates. For employees who work
on a service contract or covered grant that are paid different rates
for different projects or services, the employer may pay the living
wage rate for only the hours that the employee works in support of
the service contract.
c.
Waiver Authorization. The City Manager may issue a waiver
of the requirements of this chapter to any person submitting a bid
for a service contract if the City Manager determines that such waiver
is necessary to allow the person to compete fairly in the bidding
process.
(Prior code § 2722; Ord. 97-505 § 2, 1997; Ord. 22-1179 § 1, 2022)
The requirements of this chapter shall not apply to:
a.
Service
contracts with government agencies, including federal agencies, state
agencies, cities, counties, school districts, and all other public
entities.
b.
Service Contracts with Supported Employment Employers. The
City Manager or designee may establish a procedure to determine whether
an employer may be certified as a supported employment employer.
c.
Service
contracts where an employee is covered under the prevailing wage requirements
of the California Labor Code.
d.
Any person that has been issued a waiver pursuant to Section 3.20.080(b).
e.
Any
person that has been awarded a grant by the city that is not a covered
grant.
(Ord. 22-1179 § 1, 2022)
Transitional employers may pay each employee in a transitional
job an hourly wage that is below the living wage set forth under this
chapter during the first eighteen months of the employee's work in
the transitional job. The City Manager or designee may establish a
procedure to determine whether an employer may be certified as a transitional
employer.
(Ord. 22-1179 § 1, 2022)
The City Manager or designee shall be responsible for implementing
the provisions of this chapter, monitoring compliance, investigating
claimed violations and evaluating as necessary this chapter's operation
and effectiveness.
(Prior code § 2723; Ord. 97-505 § 2, 1997; Ord. 04-693 § 3, 2004; Ord. 22-1179 § 1, 2022)
The provisions of this chapter, or any part thereof, which are
applicable to an employer subject to this chapter, may be waived through
a bona fide collective bargaining agreement to which the employer
is a party, but only if the waiver is explicitly set forth in such
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. The waiver
shall be submitted in writing to the City Manager, or designee.
(Ord. 04-693 § 4, 2004; Ord. 22-1179 § 1, 2022)
Except for bona fide collective bargaining agreements, any waiver
by an employee of any provisions of this chapter shall be deemed contrary
to public policy, a violation of the service contract, and shall be
void and unenforceable.
(Ord. 22-1179 § 1, 2022)
The City Manager or designee is authorized to adopt administrative
regulations that are consistent with the provisions of this chapter.
Violations of the administrative regulations adopted pursuant to this
section shall constitute violations of this chapter and shall subject
the violator to the penalties set forth in this chapter.
(Ord. 22-1179 § 1, 2022)
a.
Any
aggrieved person may enforce the provisions of this chapter by means
of a civil action.
b.
Any
person who violates the provisions of this chapter or who aids in
the violation of any provisions of this chapter shall be liable for,
and the court shall award to the individual whose rights are violated,
the following: actual damages; costs; attorney's fees; and not less
than $250 but not more than $10,000 in addition thereto. In addition,
the court may award punitive damages in a proper case.
c.
Actions
to enforce the provisions of this chapter must be filed within one
year of the alleged violation.
d.
Nothing
in this chapter shall preclude any aggrieved person from seeking any
other remedy provided by law.
e.
Nothing
in this chapter shall be construed to limit any aggrieved person's
right to bring legal action for violation of other minimum compensation
laws.
(Prior code § 2724; Ord. 97-505 § 2, 1997; Ord. 22-1179 § 1, 2022)
Notwithstanding any provision of this code or any other ordinance
to the contrary, no criminal penalties shall attach for any violation
of this chapter.
(Prior code § 2725; Ord. 97-505 § 2, 1997; Ord. 22-1179 § 1, 2022)
