Unless otherwise expressly stated or the context clearly requires
otherwise, the following terms shall be defined as follows:
Basic Medical Insurance Coverage.
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:
1.
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;
2.
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;
3.
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.
City Service Contractor.
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.
Compensated Leave Time.
For the purposes of this chapter, the term "compensated leave"
means the following:
1.
Full-Time Employees.
Providing not less than three compensated days off per calendar
quarter worked to each full-time employee.
2.
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%.
3.
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.
4.
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.
|
Employee.
1.
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.
3.
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.
Mandatory Minimum Local Wage.
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.
Supplemental Employee Benefits Coverage.
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:
1.
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;
2.
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:
3.
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.
4.
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.
5.
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)
A. Mandatory
minimum local wage.
1. City-Owned
or -Operated Work Buildings and Locations. Any City service contractor
providing services to the City shall pay at least the mandatory minimum
local wage to all employees of the service contractor who work at
a building, site, or location owned or operated by the City for those
hours of the employee's work at the City building, site, or location
and for those work hours at other work locations which can be directly
attributed to the services provided to the City by the service contractor.
2. Work
Sites Located at Non-City-Owned or -Operated Sites. For those City
service contractors where the work performed under a City service
contract does not occur at a building, site, or location owned or
operated by the City, the service contractor shall pay a mandatory
minimum local wage to all employees for those hours of the employee's
work which can be directly attributed to the services provided to
the City by the service contractor.
B. Employees receiving basic medical insurance coverage and compensated holidays. City service contractors subject to the mandatory minimum local wage requirement of subsection
A above which provide an employee with both basic medical insurance coverage at no cost to the employee and compensated time-off may pay a hourly wage of not less than $12.00 to the employee instead of the mandatory local minimum wage, 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.
C. Employees receiving supplemental employee benefits in addition to basic insurance coverage. City service contractors subject to the mandatory local minimum wage requirement of subsection
A of this section which provide supplemental employee benefits coverage may pay an hourly wage of not less than $11.00 instead of the mandatory local minimum wage, 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.
D. Adjustment of service contract amount. The service contract amount set in the definition of City Service Contractor in section
9.128.010 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.
(Ord. 5384, 2006; Ord. 5939, 2020)
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 set forth in such collective bargaining agreement in
express written terms. Unilateral implementation of terms and conditions
of employment by either party to a collective bargaining relationship
shall not constitute an express waiver of all or any part of the provisions
of this chapter by the represented employees.
(Ord. 5384, 2006)
The obligations imposed by this chapter shall take effect as
of the effective date of the ordinance codified in this chapter and
shall apply to those City service contracts approved (or substantively
amended) by the City on or after that date.
(Ord. 5384, 2006)