Unless otherwise expressly stated or the context clearly requires otherwise, the following terms shall be defined as follows:
For the purposes of this chapter, basic medical insurance coverage must include, but need not be limited to, offering the employee insurance coverage for the following health and medical care expenses of the employee:
Emergency hospital care and hospitalization care with the payment of a patient co-pay amount not exceeding the maximum per emergency room visit and hospitalization care co-pay and patient deductible amount paid by a City employee under the City's medical insurance coverage plans;
Prescription medication coverage with the payment of a patient co-pay amount not exceeding the maximum per prescription co-pay and patient deductible amount paid by a City employee under the City's medical insurance coverage plans;
Access to preventative medical care by a licensed physician or surgeon with the payment of a co-pay and patient deductible amount not exceeding the maximum per visit co-pay amount paid by a City employee under the City's medical insurance coverage plans.
A person or other legal entity (other than a public entity or a nonprofit entity) which enters into one or more contracts with the City to provide general services to the City as defined in Section 4.52.020 of this Code (excluding recreation services to the public and professional services as defined in Section 4.52.020 of this Code), where the amount paid by the City to the person or entity may exceed or exceeds $15,000.00 when such compensation is calculated on a City fiscal year basis. A City service contractor shall not include a contractor who provides services which are merely incidental to the City's purchase of goods or supplies from that contractor, such as installation services related to the City's use of the goods or supplies being obtained.
For the purposes of this chapter, the term "compensated leave" means the following:
Full-Time Employees.
Providing not less than three compensated days off per calendar quarter worked to each full-time employee.
Part-Time Employees.
Providing the appropriate pro-rated portion of the compensated leave required by paragraph 1 above to each part-time employee, with the pro-ration being that percentage of time the part-time employee has worked per week (on average) during the previous 12 weeks, with 40 hours per week being the equivalent of 100%.
Full-Time and Part-Time Employee.
For the purposes of this section, a "full-time" employee shall mean an employee who has worked for the service contractor 40 or more hours per week on average for any 10 weeks of the previous 12-week period. Any employee who is not a full-time employee is a part-time employee.
Compensated Leave.
That the employee is allowed leave time and is compensated at the same rate of pay which he or she would have received had they worked a regular day of work for each day of leave time used by the employee.
Nothing herein shall preclude an employer from imposing a minimum employment period upon the use of compensated leave provided such minimum period is consistent with the requirements of state law. |
Generally.
The term "employee" shall refer only to those individuals who directly provide services to the City on behalf of a City service contractor and shall not include those employees who would typically be considered administrative or support staff employees, such as, but not limited to, employees performing administration, payroll, personnel, maintenance, or similar employee services for the contractor. The term "employee" shall also be used as that term is generally defined and used in the federal Fair Labors Standards Act of 1938 (29 USC Section 201 et seq., hereinafter the "FLSA") and shall not include those employed persons exempt from the minimum wage or overtime requirements of the FLSA or any person who works as an "executive" or "professional," as such terms are defined in the FLSA.
Exemption for Handicapped Individuals and Apprentices.
For the purposes of this chapter, an employee shall not include a "handicapped employee" employed pursuant to a special license issued under Sections 1191 and 1191.5 of the state Labor Code or an "apprentice" or "learner" employed pursuant to a special license issued under Section 1192 of the State Labor Code.
Exemption for Student Interns.
For the purposes of this chapter, an employee shall also not include a student intern which shall be defined as a person receiving educational or school credit at a duly licensed and accredited school or educational institution as part of or in connection with his or her employment or service with the City service contractor.
A wage payment at an hourly rate of $14.00 per hour, which wage amount shall be adjusted upward annually each July 1st, beginning in 2006, by an amount corresponding to the previous year's change (January to January) in the Consumer Price Index for Urban Wage Earners and Clerical Workers 1967=100 for Los Angeles-Riverside-Orange County, California, provided that no such annual adjustment may exceed the amount of six percent.
For the purposes of this chapter, supplemental employee benefits coverage must include, in addition to basic medical insurance coverage and compensated leave for the employee, offering to the employee both of the following:
Basic medical insurance coverage for the employee's spouse, domestic partner, or family (at the employee's option), with the employee's share of the cost of the medical insurance coverage provided not exceeding five percent of the employee's average gross monthly wages for the previous 12 months;
An employee pension or deferred compensation retirement plan under circumstances where the service contractor offers to make an employer contribution to the plan of not less than five percent of the employee's average gross monthly wages for the previous 12 months, and where the plan is regulated and recognized by the Federal Employee Retirement Income Security Program Act (hereinafter referred to as "ERISA," 29 USCA §1001 et seq.); and at least one of the following additional supplemental employee benefits:
Child care or "dependent" care (or monetary assistance for child or dependent care needs) for a dependent(s) of the employee under circumstances where the cost of the child or dependent care is funded or paid in full by the employer and where the care is duly licensed and certified by the State. For the purposes of this chapter, the term "dependent" shall be as that term is used and defined in the federal Internal Revenue Code.
The equivalent of 10 eight-hour days of compensated leave to the employee over and above the compensated leave as such compensated leave is defined in subsection F of this section.
Any additional employee benefit or employee benefit program which the City's Living Wage Advisory Committee, at the request of a City service contractor, deems appropriate to qualify as an optional supplemental employee benefit under this subsection E. Examples of additional benefits or benefit programs which may qualify under this would be the following: (a) dental insurance coverage for the employee and the employee's family; (b) life and accidental death or disability insurance for the employee; (c) medical or health insurance plans which provide out-patient services, such as physical therapy, speech therapy, or mental health or substance abuse counseling and assistance.
(Ord. 5384, 2006; Ord. 5939, 2020)