The ordinance codified in this chapter shall be known as the
"Malibu Minimum Wage Ordinance."
(Ord. 404 § 1, 2016)
The purpose of this chapter is to set a local minimum wage,
avoid wage discrepancies between Malibu and its neighboring jurisdictions,
keep Malibu competitive in the job market, help ensure that workers
in Malibu are paid adequate living wages that keep pace with the rising
cost of living, and prevent workers from leaving the city for higher
paying jobs, which will also help reduce traffic trips.
(Ord. 404 § 1, 2016)
means any individual who:
In a particular week performs at least two hours of work within
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
under Section 1197 of the California Labor Code and wage orders published
by the California Industrial Welfare Commission.
means any person, as defined in Section 18 of the California
Labor Code, including a corporate officer or executive, 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.
(Ord. 404 § 1, 2016)
A.
For
each hour worked within the city, an employer shall pay its employee
no less than the hourly rates set forth below:
1.
Employers
with 26 or more employees shall pay employees a wage of no less than
the following hourly rates:
2.
Employers
with 25 or fewer employees shall pay employees a wage of no less than
the following hourly rates:
3.
Beginning
on July 1, 2022, the minimum wage shall increase annually based on
the Consumer Price Index for Urban Wage Earners and Clerical Workers
(CPI-W) for the Los Angeles metropolitan area (Los Angeles-Riverside-Orange
County, CA), which is published by the Bureau of Labor Statistics.
Beginning in 2022, and continuing each year thereafter, on January
1st the city manager shall determine the adjusted rates which shall
take effect on July 1st of that year and publish a bulletin announcing
the adjusted rates.
B.
For
purposes of this section, the number of employees employed by an employer
shall be determined by the average number of employees employed during
the previous calendar year.
(Ord. 404 § 1, 2016)
No employer shall discharge, reduce in compensation, or otherwise
discriminate against any employee for opposing any practice proscribed
by this chapter, for participating in proceedings related to this
chapter, for seeking to enforce his or her rights provided under this
chapter by any lawful means, or for otherwise asserting rights under
this chapter.
(Ord. 404 § 1, 2016)
Any purported waiver by an employee of any or all of the provisions
of this chapter shall be deemed contrary to public policy and shall
be void and unenforceable.
(Ord. 404 § 1, 2016)
A.
Nothing
in this chapter shall be interpreted or applied so as to create any
power or duty in conflict with any state or federal law.
B.
This
chapter provides for payment of a local minimum wage and shall not
be construed to preempt or otherwise limit or affect the applicability
of any other law, regulation, requirement, policy, or standard that
provides for payment of higher or supplemental wages or benefits,
or that extends other protections.
(Ord. 404 §1, 2016)
The city manager or designee, shall be responsible for administration of this chapter which may include public education and outreach, promulgating guidelines and rules consistent with the provisions of this chapter, and enforcing this chapter consistent with Chapter 1.16 of the Malibu Municipal Code. Guidelines and rules promulgated by the city manager, or designee, pursuant to the authority provided under this chapter shall have the force and effect of law and may be relied upon by employers, employees, and other parties to determine their rights and responsibilities under this chapter.
(Ord. 404 § 1, 2016)
The provisions of this chapter shall not be construed as limiting
any employee's right to obtain relief to which he or she may be entitled
at law or in equity.
(Ord. 404 § 1, 2016)
The following persons and entities are exempt from the city
of Malibu Minimum Wage Ordinance:
A.
Any
person not subject to, or exempt from, the state minimum wage, as
provided under Section 1197 of the California Labor Code and wage
orders published by the California Industrial Welfare Commission;
and
B.
Public
entities, including state, federal, and county, including school districts,
but not including the city.
(Ord. 404 § 1, 2016)
