As used in this chapter:
"City"
means the City of West Hollywood.
"Clear and conspicuous"
means in larger type than the surrounding text, or in contrasting
type, font, or color to the surrounding text of the same size, or
set off from the surrounding text of the same size by symbols or other
marks, in a manner that is clearly visible in context and clearly
calls attention to the language.
"Employee"
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
Labor Code and
wage orders published by the California Industrial Welfare Commission.
"Employer"
means any person, including a corporate officer or executive,
association, organization, partnership, business trust, and limited
liability company or corporation, who directly or indirectly, or through
an agent or any other person, including through the services of a
temporary service or staffing agency or similar entity, employs or
exercises control over the wages, hours or working conditions of any
employee.
"Hardest to employ"
means persons who have been out of the workforce for an extended
period of time and who face considerable barriers when trying to re-enter
the mainstream workforce.
"Service charge"
means any separately-designated amount charged and collected
by an employer from customers, that is for service by employees, or
is described in such a way that customers might reasonably believe
that the amount is for those services or is otherwise to be paid or
payable directly to employees, including those charges designated
on receipts, invoices, or billing statements under the term "service
charge," "table charge," "porterage charge," "automatic gratuity charge,"
"healthcare surcharge," "benefits surcharge," or similar language.
Service charge does not include a tip or gratuity as defined under
state or federal law.
"Supportive services"
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.
"Transitional employer"
means a nonprofit corporation that provides transitional
jobs for the long-term unemployed, and that has been certified by
the city as a transitional employer.
"Transitional job"
means short-term, wage-paying, subsidized employment in a
nonprofit corporation that combines actual work, skill development,
and supportive services to help participants overcome barriers to
employment and transition to unsubsidized competitive employment.
(Ord. 21-1168 § 2, 2021)
a. On January 1, 2022, the established minimum wage rate in West Hollywood is $17.64 per hour, as increased in accordance with subsection
(c) below.
b. The
minimum wage rate goes into effect according to the following schedule:
1. As of January 1, 2022, hotel employers shall pay hotel workers a wage of no less than the established minimum wage rate as set out in subsection (a). The paid sick leave, vacation, or personal necessity time set out in Section
5.130.030 goes into effect for these hotel workers on this date. For purposes of this subsection, the following definitions apply:
"Hotel"
means a commercial facility not approved as a dwelling unit
with guest rooms or suites, provided with or without meals or kitchen
facilities, rented to the general public for overnight or other lodging
generally not intended to be the guest's domicile. Also, may include
accessory guest facilities such as, but not limited to, swimming pools,
tennis courts, indoor athletic facilities, accessory retail uses and
meeting facilities. This definition includes private clubs with guest
rooms available for overnight lodging. "Hotel" includes any contracted,
leased, or sublet premises connected to or operated in conjunction
with the hotel's purpose.
"Hotel employer"
means any person who owns, controls, or operates a hotel
in the city, and includes any person or contractor who, in a managerial,
supervisory, or confidential capacity, employs hotel workers to provide
services at a hotel in conjunction with the hotel's purpose. "Hotel
employer" includes a person or entity who owns, controls, and/or operates
any contracted, leased or sublet premises connected to or operated
in conjunction with the hotel's purpose, or a person or entity who
provides services at the hotel.
"Hotel worker"
means any individual whose primary place of employment is at one or more hotels and who is employed directly by the hotel employer, or by a person who has contracted with the hotel employer to provide services at the hotel. "Hotel worker" includes an employee who works in a restaurant or food and beverage service at a hotel, regardless of whether the restaurant is hotel-owned or operates out of a contracted, leased, or sublet space in a hotel. Except for purposes of implementing this schedule in Section
5.130.020(b), in all other subsections of this section and throughout the rest of this chapter, "hotel employer" is included in the definition of "employer," and "hotel worker" is included in the definition of "employee":
2. Employers
with Fifty Employees or More.
A. On January 1, 2022, employers with fifty employees or more shall
pay employees no less than the hourly wage of $15.50 per hour.
B. On July 1, 2022, employers with fifty employees or more shall pay employees no less than the hourly wage of $16.50 per hour. The paid sick leave, vacation, or personal necessity time set out in Section
5.130.030 does not go into effect for these employees until this date.
C. On January 1, 2023, employers with fifty employees or more shall
pay employees no less than the hourly wage of $17.50 per hour.
D. On July 1, 2023, employers with fifty employees or more shall pay
employees the established minimum wage rate under subsection (a).
3. Employers
with Less Than Fifty Employees.
A. On January 1, 2022, employers with less than fifty employees shall
pay employees no less than the hourly wage of $15 per hour.
B. On July 1, 2022, employers with less than fifty employees shall pay employees no less than the hourly wage of $16 per hour. The paid sick leave, vacation, or personal necessity time set out in Section
5.130.030 does not go into effect for these employees until this date.
C. On January 1, 2023, employers with less than fifty employees shall
pay employees no less than the hourly wage of seventeen dollars($17.00)
per hour.
D. On July 1, 2023, employers with less than fifty employees shall pay
employees the established minimum wage rate under subsection (a).
c. Annual Increases.
1.
For hotel employers, on July 1, 2022 and annually thereafter,
the minimum wage rate identified in subsection (a) of this section
will increase based on the CPI-W, as determined by the applicable
location index determined and adopted by City Council resolution.
The city shall announce the adjusted rates annually on or before each
April 1 and publish a bulletin announcing the adjusted rates, which
shall also take effect on July 1 of each year.
2.
For all other employers (excluding hotel employers), on July
1, 2023, the minimum wage rate identified in subsection (a) of this
section will increase based on the CPI-W, as determined by the applicable
location index determined and adopted by City Council resolution.
On January 1, 2025, the minimum wage rate identified in subsection
(a) of this section will increase based on the average of the twelve-month
percent change for each of the eighteen months from January 2023 to
June 2024 of the CPI-W, as determined by the applicable location index
determined and adopted by City Council resolution. On January 1, 2026
and annually thereafter, the minimum wage rate identified in subsection
(a) of this section will increase based on the average of the twelve-month
percent change for each of the twelve months from July to June of
the prior year of the CPI-W, as determined by the applicable location
index determined and adopted by City Council resolution. The city
shall announce the adjusted rates annually on or before each October
1 and publish a bulletin announcing the adjusted rates, which shall
also take effect on January 1 of the next year.
d. Employees
who are learners, as defined in
Labor Code Section 1192 and consistent
with wage orders published by the California Industrial Welfare Commission,
shall be paid not less than eighty-five percent of the minimum wage
rounded to the nearest nickel during their first one hundred sixty
hours of employment, after which learners shall be paid the applicable
minimum wage pursuant to this section.
e. Every
employer shall post in a conspicuous place at any workplace or job
site where any employee works, the bulletin published each year by
the city informing employees of the current minimum wage rate and
of their rights under this chapter. Every employer shall post notices
in English, Spanish, and any other language spoken by at least five
percent of the employees. Every employer shall also provide to each
employee at the time of hire, the employer's name, address, and telephone
number in writing.
f. Every
employer shall retain payroll records pertaining to employees for
no less than three years.
g. For
purposes of this section:
1. Multiple
employers that form a single integrated enterprise shall be considered
a single employer under this section if so deemed under the Fair Labor
Standards Act.
2. The
number of employees shall be determined as follows:
A. For existing employers, the number of employees shall be calculated
based on the average number of employees employed per quarter during
the most recent calendar year.
B. For new employers, an initial determination of size shall be based
upon the actual number of hires at the time of the business's opening.
After the business has opened, the employee count shall be determined
by the average number of employees per week who worked for compensation
in the first ninety days.
C. The number of employees shall be determined using the employer's
total number of individual employees within the United States, regardless
of where those employees work.
(Ord. 21-1168 § 2, 2021; Ord. 22-1180 § 2, 2022; Ord. 24-13, 5/20/2024)
a. Employers
shall provide at least ninety-six compensated hours off per year for
sick leave, vacation, or personal necessity to full time employees
to be made available at the employee's request.
1. A
full time employee is classified as someone who works at least forty
hours a week or in accordance with the employer's policies, if more
generous. A full time employee shall accrue at least ninety-six/fifty-two
hours of compensated time off each week in a calendar year that the
employee has been employed by the employer. Compensated time off does
not accrue for work in excess of forty hours a week. Full time employees
that work less than forty hours a week will receive the compensated
time off in proportional increments.
2. A
part time employee is classified as someone who works less than forty
hours per week or in accordance with the employer's policies, if more
generous. A part time employee shall accrue compensated time off in
increments proportional to that accrued by someone who works forty
hours a week, in accordance with subparagraph (1) of this subsection.
3. General
Rules for Compensated Time Off.
A. An employee must be eligible to use accrued paid compensated time
off after the first six months of employment or consistent with company
policies, whichever is sooner.
B. An employer may not unreasonably deny an employee's request to use
the accrued compensated time off.
C. Unused accrued compensated time off will carry over until the time
off reaches a maximum of one hundred ninety-two hours unless the employer's
established policy is more generous.
D. An employer may not implement any employment policy to count accrued
compensated time off taken under this section as an absence that may
result in discipline, discharge, suspension, or any other adverse
action.
b. Employers
shall also permit full time employees to take at least eighty additional
hours per year of uncompensated time off to be used for sick leave
for the illness of the employee or a member of his or her immediate
family where the employee has exhausted his or her compensated time
off for that year.
1. A
full time employee is classified as someone who works at least forty
hours a week or in accordance with the employer's policies, if more
generous. A full time employee shall accrue at least eighty/fifty-two
hours of uncompensated time off each week in a calendar year that
the employee has been employed by the employer. Uncompensated time
off does not accrue for work in excess of forty hours a week. Full
time employees that work less than forty hours a week will receive
the uncompensated time off in proportional increments.
2. A
part time employee is classified as someone who works less than forty
hours per week or in accordance with the employer's policies, if more
generous. A part time employee shall accrue uncompensated time off
in increments proportional to that accrued by someone who works forty
hours a week, in accordance with subparagraph (1) of this subsection.
3. General
Rules for Uncompensated Time Off.
A. An employee must be eligible to use accrued uncompensated time off
after the first six months of employment or consistent with company
policies, whichever is sooner.
B. An employer may not unreasonably deny an employee's request to use
the accrued uncompensated time off.
C. Unused accrued uncompensated time off will carry over until the time
off reaches a maximum of eighty hours, unless the employer's established
policy is more generous.
D. An employer may not implement any employment policy to count uncompensated
time off taken under this section as an absence that may result in
discipline, discharge, suspension, or any other adverse action.
(Ord. 21-1168 § 2, 2021; Ord. 22-1180 § 3, 2022)
Employers shall inform employees of their possible right to
the earned income tax credit under federal and state law.
(Ord. 21-1168 § 2, 2021)
The requirements of this chapter shall not apply to employers
that are government agencies, including federal agencies, state agencies,
cities, counties, school districts, and all other public entities.
(Ord. 21-1168 § 2, 2021)
a. Waiver of Requirements in Section 5.130.020(A) and (B) (Payment of
Minimum Wage Rate). This chapter is not intended to cause reduction in employment or work hours for employees. Therefore, the City Manager or designee may grant a waiver from the requirements of Section 5.130.020(A) and (B) if an employer can demonstrate to the City Manager or designee that compliance with this chapter would force the employer, in order to avoid bankruptcy or a shutdown of the employer's business, to reduce its workforce by more than twenty percent or curtail its employees' total hours by more than thirty percent. The City Manager or designee shall reach a determination only after reviewing and auditing, as necessary, the employer's financial condition, with such review or audit paid for by the Employer. Any waiver granted by the City Manager, or designee, is valid for no more than one year. If a waiver is granted under this section, then the employer must pay at least the minimum wage as required by state law. Any waiver granted under this section does not exempt employers from compliance with the remaining sections of this chapter. A determination by the City Manager or designee to grant or deny a request for waiver may be appealed to an administrative hearing officer pursuant to the procedure set forth in Chapter
1.08 of this code.
b. Waiver of Requirements in Section 5.130.030 (Paid Sick Leave, Vacation, or Personal Necessity). The City Manager or designee may grant a waiver from the requirements of Section
5.130.030 if an employer can demonstrate to the City Manager or designee that compliance with this chapter would: (1) force the employer, in order to avoid bankruptcy or a shutdown of the employer's business, to reduce its workforce by more than twenty percent or curtail its employees' total hours by more than thirty percent; or (2) it will be a hardship to implement the compensated and uncompensated leave provisions due to the existing payroll and human resources processes and platforms the employer has in place. If the waiver is related to financial conditions, the City Manager or designee shall reach a determination only after reviewing and auditing, as necessary, the employer's financial condition, with such review or audit paid for by the employer. If the waiver is related to hardship due to existing payroll and human resources processes and platforms, the City Manager or designee shall reach a determination only after reviewing, as necessary, back-up documentation provided by the employer showing how the provisions cannot be implemented in a timely manner. The City Manager or designee may grant up to a one-year waiver based on the first hardship condition (financial hardships). The City Manager or designee may grant up to two three-month waivers based on the second hardship condition (implementation hardships due to existing payroll and human resources processes and platforms), provided the second three-month waiver shall only be granted if implementation hardships remain and the employer has made diligent progress towards implementing the provisions. Total waivers granted pursuant to this subsection shall not exceed one year. If a waiver is granted under this section, then the employer must provide at least the minimum compensated and uncompensated leave as required by state law. Any waiver granted under this section does not exempt employers from compliance with the remaining sections of this chapter. A determination by the City Manager or designee to grant or deny a request for waiver may be appealed to an administrative hearing officer pursuant to the procedure set forth in Chapter
1.08 of this code.
c. An
employer that applies for a waiver under this section must provide:
(1) advance, written notice to all employees of such application for
waiver; and (2) written notice to all employees of the City Manager
or designee's determination within three business days after such
determination.
(Ord. 21-1168 § 2, 2021; Ord. 22-1180 § 4, 2022)
The provisions of this chapter, or any part thereof, may be
waived in a bona fide collective bargaining agreement, 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.
(Ord. 21-1168 § 2, 2021)
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 and shall be void and unenforceable.
(Ord. 21-1168 § 2, 2021)
The City Manager or their 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. 21-1168 § 2, 2021)