The purpose of this chapter is to ensure that when taxpayer-funded
benefits are extended by the city to private businesses, they are
used in a way that benefits the interests of the city as a whole by
creating jobs that keep workers and their families out of poverty.
This chapter therefore requires the city, its contractors and subcontractors
to pay their employees a wage that will enable a full-time worker
to support a family at a level that meets basic needs and avoids economic
hardship.
(C.O. 07-24 § 1 (part))
As used in this section, unless the context indicates otherwise,
the following words shall have the following meanings:
means the city of Revere, its departments, offices, agencies,
subdivisions, or officials thereof.
means the mayor, or the person designated by the mayor, who
shall be responsible for the overall implementation and enforcement
of this chapter.
means any agreement between the city and any other person
to provide services to the city or its residents. City contract includes
any grant, including but not limited to community development block
grant (CDBG) funds, awarded to a person in order for it to provide
specific services to the city or its residents. City contract does
not include agreements primarily for the purchase or lease of goods
or property for the city; nor agreements for the provision of professional
services such as legal services, banking services, architectural services
or computer services.
means any person that has entered into a city contract.
means any individual fitting the definitions set forth in Section 15.17.050. The only individuals who otherwise meet the standard of "covered employee" who are automatically exempted from the living wage are individuals in a youth or senior program or those working in the part-time assistance program at the Revere public library. See definition of youth, senior and library programs under Section 15.17.080 below.
means any entity fitting the definitions set forth in Section 15.17.040.
means a city department or agency or other party designated
by the city administrator to assist with the implementation, monitoring
and enforcement of this chapter.
means any person who performs work on a full-time, part-time,
temporary or seasonal basis, including employees, temporary workers,
contracted workers, contingent workers and persons made available
to work through services of a temporary services, staffing or employment
agency or similar entity.
means any amount paid by a covered employer to a covered
employee or to another party for the benefit of one or more covered
employees for the purpose of providing health care services or reimbursing
the cost of such services for its covered employees and/or the families
of its covered employees.
means a wage equal to the levels established in Section 15.17.060.
means one dollar and twenty-five cents per hour upon implementation
of this chapter. Starting January 1, 2008, and each year thereafter,
this amount shall be upwardly adjusted in proportion to the increase,
if any, for the period of the preceding September over the level as
of September of the immediately preceding year in the "Consumer Price
Index—All Urban Consumers" or its successor index as published
by the U.S. Department of Labor or its successor agency.
means any individual, partnership, corporation, limited liability
company, sole proprietorship, association, joint adventure, estate,
trust and any other entity, group or combination acting as a unit,
and the individuals constituting such group or unit.
means any contractual relationship under which a person assists
a contractor in performing a city contract, or accepts or transfers
any right or responsibility set forth in a city contract.
means any person that has entered into a subcontract.
(C.O. 07-24 § 1 (part))
A.
This
chapter shall apply to any for-profit contractor that employs or contracts
with five or more individuals firmwide; or a nonprofit contractor
that employs or contracts with ten or more individuals firmwide.
B.
This
chapter shall apply to any city contract awarded, entered into, extended
or renewed after the effective date of this chapter.
(C.O. 07-24 § 1 (part))
A.
The
city is a "covered employer" in all of its operations and activities.
B.
A contractor
is a "covered employer" if it enters into one or more city contracts
where the annual value of payments under all such city contracts is
(or is projected to be) more than fifty thousand dollars for contracts
commencing during the period July 1, 2007 to June 30, 2009 (fiscal
years 2008 and 2009) and more than twenty-five thousand dollars for
contracts commencing during the period July 1, 2009 and thereafter
(fiscal year 2010 and thereafter). A contractor is a covered employer
from the beginning of the term of the city contract that caused the
combined annual value of payments to exceed fifty thousand dollars
in fiscal year 2008 and fiscal year 2009 or twenty-five thousand dollars
in fiscal year 2010, and continues until the termination of all city
contracts.
C.
A subcontractor
is a "covered employer" beginning on the later of the following dates:
(1) the beginning of the term of the subcontract; or (2) the date
on which the subcontractor's associated contractor becomes a covered
employer. A subcontractor ceases to be a covered employer on the earlier
of the following dates: (1) the termination of the subcontract; or
(2) the date on which the subcontractor's associated contractor ceases
to be a covered employer.
(C.O. 07-24 § 1 (part))
A.
Employees
of the city are covered employees for all hours they work for the
city.
B.
Employees
of covered employers are covered employees for all hours they perform
work relating to a city contract.
C.
The only individuals who otherwise meet the standard of "covered employee" who are automatically exempted from the living wage are individuals in a youth or senior program or those working in the part-time assistance program at the Revere public library. See definition of youth, senior and library programs below under Section 15.17.080.
(C.O. 07-24 § 1 (part))
A.
Every
covered employer must pay covered employees no less than a living
wage for all hours worked as a covered employee. The living wage shall
be ten dollars per hour upon implementation of this chapter. Each
year thereafter, starting January 1, 2008, the amount of the living
wage shall be upwardly adjusted in proportion to the increase, if
any, for the period of the preceding September over the level as of
September of the immediately preceding year in the "Consumer Price
Index—All Urban Consumers" or its successor index as published
by the U.S. Department of Labor or its successor agency.
B.
A covered
employer may claim a credit toward the living wage in the amount of
their average hourly health care expenditure per covered employee,
up to the maximum health care expenditure credit. A covered employer
may use any reasonable methodology to determine their average health
care expenditure per covered employee. To claim this credit, a covered
employer must furnish proof of health care expenditures made on behalf
of each covered employees or their family to the city administrator
or his/her designee.
C.
Beginning
in 2007 and each year thereafter, the city shall publish a bulletin
on December 1st announcing the adjusted living wages and maximum health
care expenditure credit, which shall take effect on January 1st of
the following year. This bulletin shall be distributed to all city
agencies and covered employers upon publication. Covered employers
shall provide written notification of the rate adjustments to their
covered employees, and to their affected contractors and subcontractors.
In the event that the city fails to publish the adjusted living wages,
it shall remain the obligation of each covered employer to calculate
and begin paying the adjusted living wages effective January 1st.
(C.O. 07-24 § 1 (part))
No covered employer shall discharge or take other adverse action
against any person in retaliation for asserting any claim or right
under this chapter, for assisting any other person in doing so or
for informing any person about their rights.
(C.O. 07-24 § 1 (part))
Notwithstanding any other provisions in this chapter, the following
exemptions shall apply:
A.
The
following will be granted an automatic exemption from the requirements
of this chapter:
1.
Any
city, state or federally funded program which employs youth, as defined
by city, state or federal guidelines, or as part of a school to work
program or in other seasonal or related part-time program, including:
2.
Any
city, state or federally funded senior program which employs individuals
sixty-five years of age or older in a community service employment
program or other subsidized employment or training program;
3.
The
part-time assistance program at the Revere public library which employs
part-time individuals for the purpose of supporting the full-time
staff and ensuring that there is adequate personnel to meet state-mandated
hours of operation.
B.
For
any city contract, the city council may grant a partial or complete
exemption from the requirements of this chapter for:
1.
A
not-for-profit organization providing human services pursuant to city
contracts that demonstrates that it cannot reasonably afford to pay
the living wage and provide health care to its covered employees based
on payment rates under the city contract and other resources available
to it;
2.
A
specific exception where the mayor represents that payment of the
living wage by a covered employer will (a) substantially curtail the
services provided by the covered employer, (b) have an adverse impact
on the city, or (c) is not in the best interests of the city.
C.
The
requirements of this chapter may be waived by the written terms of
a bona fide collective bargaining agreement, provided that this chapter
is expressly referenced in the agreement, and that the agreement sets
forth in clear and unambiguous terms the desire of all parties to
waive some or all of the requirements of this chapter. Unilateral
implementation of the terms and conditions of employment by either
party to a collective bargaining relationship shall not constitute
a waiver of any of the requirements of this chapter.
(C.O. 07-24 § 1 (part))
A.
Every
covered employer shall agree to the payment of a living wage as a
condition of entering into or renewing a city contract, shall agree
to post a notice regarding the applicability of this chapter in every
workplace in which covered employees are working and shall agree to
provide payroll records or other documentation as deemed necessary
within ten business days from the receipt of the city's request. All
city contracts covered by this chapter shall provide that a violation
of the living wage requirements of this chapter shall be a material
breach of the city contract. The city or its designee shall monitor
the compliance of each contractor under procedures developed and approved
by the city administrator.
B.
Each
covered employer shall submit to the city information regarding the
number of employees and applicable wage rates of its employees covered
by this chapter in such manner as requested by the city or its designee.
At the request of the city or its designee, any contractor shall provide
satisfactory proof of compliance with the living wage provisions of
this chapter.
C.
Any
person may submit a complaint or report of a violation of this chapter
to the city. Upon receipt of such a complaint or report, the city
or its designee shall investigate to determine if there has been a
violation. The investigation shall be resolved within ninety days.
(C.O. 07-24 § 1 (part))
A.
A violation
of any provision of this chapter is a civil infraction punishable
by a fine of not more than three hundred dollars plus all costs of
the action. Any court of competent jurisdiction may issue and enforce
any judgment, writ, or order necessary to enforce this chapter, including
backpay to affected employees and other relief deemed appropriate.
B.
Each
day upon which a violation occurs shall constitute a separate violation.
D.
Nothing
contained in this chapter shall be construed to limit in any way the
remedies, legal or equitable, which are available to the city or any
other person for the correction of violations of this chapter.
(C.O. 07-24 § 1 (part))
A.
A covered employee who is denied payment of the applicable living wage in violation of this chapter may bring a civil action in any court of competent jurisdiction for appropriate injunctive relief or damages or both against the person(s) who acted in violation of this chapter. No employee or person shall bring a civil action alleging a violation of this chapter unless the employee or person has first provided a written allegation of the violation of this chapter to the city and the covered employer no less than ninety days prior to filing said civil action. After at least ninety days have passed after the written allegation has been provided, the employee or person shall be free to proceed with a civil action. Any civil action under this section must be brought within one year of the last date of the violation. The last date of the violation shall be determined by the last paycheck received by the employee or person that did not contain the living wage, or by the last occurrence of retaliation prohibited by Section 15.17.070.
B.
As
used in subsection, "damages" means restitution of the difference
between amounts actually paid and the living wage that should have
been paid including interest, an additional equal amount as liquidated
damages, and reasonable attorney fees and costs.
C.
Private
actions and remedies under this section shall be in addition to any
actions for violations which the city may take.
(C.O. 07-24 § 1 (part))
A.
No
covered employer may fund wage or health care increases required by
this chapter by reducing the compensation, wages, fringe benefits
or leave available to any covered employee.
B.
The city administrator will issue a report three years after the effective date of this chapter, as first enacted, and every two years thereafter. The report will contain, for the preceding years, information as to the amount of the increases required by Section 15.17.060, information as to the number of covered employers doing business with the city and a summary report of all violations of this chapter.
(C.O. 07-24 § 1 (part))
