Belmont Municipal Code Ch. 32 Minimum Wage

As used in this Chapter:

(a) "Calendar week" means a period of seven consecutive days starting on Sunday.

(b) "Employee" means any person who:

(1) In a calendar week performs at least two hours of work within the geographic boundaries of the City for an Employer; and

(2) Qualifies as an employee entitled to payment of a minimum wage from any Employer under the California Minimum Wage law, Section 1197 of the California Labor Code and wage orders published by the State of California Industrial Welfare Commission. Employees shall include Learners, as defined by the California Industrial Welfare Commission.

(c) "Employer" means any person who directly or indirectly, including through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of any Employee.

(d) "City Minimum Wage" means the hourly rate set by Section 32-3.

(e) "Learner" is defined by California Industrial Welfare Commission Order No. 4-2001.

(Ord. No. 2017-1123, § 1, 11-28-17)

(a) Except as provided in subsection (b), an Employer must pay an Employee no less than the City Minimum Wage for each hour worked within the geographic boundaries of the City.

(b) An Employer must pay an Employee who is a Learner no less than 85 percent of the City Minimum Wage for the first 160 hours of employment. Thereafter, the Employer must pay the Learner Employee the City Minimum Wage.

(c) No Employer may fund increases in compensation required by this Chapter, nor otherwise respond to the requirements of this Chapter, by reducing the wage rate paid to any Employee, nor by increasing charges to them for parking, meals, uniforms or other items, nor by reducing the citation or other non-wage benefits of any such Employee, except to the extent such prohibition would be pre-empted by the Federal Employee Retirement Income Security Act or state law.

(Ord. No. 2017-1123, § 1, 11-28-17)

The City Minimum Wage is:

(a) Beginning July 1, 2018, an hourly rate of $12.50;

(b) Beginning January 1, 2019, an hourly rate of $13.50;

(c) Beginning January 1, 2020, an hourly rate of $15.00;

(d) Beginning January 1, 2021, an hourly rate of $15.90; and

(e) Beginning on January 1, 2022, and each January thereafter, the prior year hourly rate will be increased by the lesser of 3.5 percent or a percentage amount equal to the prior year's increase, if any, in the Consumer Price Index (CPI) for San Francisco-Oakland-San Jose as determined by the United States Department of Labor. The change is calculated by using the August to August change in the CPI to calculate the annual increase, if any. The hourly rate is not decreased by a decrease in the CPI.

(f) Beginning on January 1, 2022, and each January thereafter, when the CPI exceeds the 3.5 percent cap, the percentage amount in excess of the cap will be applied to the following year's CPI increase, up to the 3.5 percent cap. Excess amounts will be carried over from year to year until the actual CPI and the cap-adjusted CPI are equivalent. Additionally, the amount of the minimum wage increase will be rounded to the nearest five cents ($.05).

(Ord. No. 2017-1123, § 1, 11-28-17; Ord. No. 2023-1172, § 1, 10-10-23)

(a) An Employer must give written notification to each current Employee, and to each new Employee at time of hire, of his or her rights under this Chapter. The notification shall be posted prominently in areas at the work site where it will be seen by all Employees. Failure to post such notice shall constitute a violation of this Chapter. The City Manager may prepare sample notices for use by Employers which will constitute compliance with this subsection.

(b) An Employer must provide each Employee, at the time of hire, with the Employer's name, address, and telephone number in writing.

(Ord. No. 2017-1123, § 1, 11-28-17)

(a) During October of each year, the City Manager will publish and make available to Employers a bulletin announcing the adjusted Minimum Wage rate, to take effect January 1 of the following year. During November of each year, the City Manager publish and make available to Employers a notice suitable for posting by Employers in the workplace informing Employees of the Minimum Wage rate and of their rights under this Chapter.

(b) The City Manager may promulgate regulations for the implementation and enforcement of this Chapter, including procedures for the fair, efficient and cost-effective implementation of this Chapter, for informing Employees of their rights under this Chapter, for monitoring Employer compliance with this Chapter, and for providing administrative hearings or determining whether an Employer has violated the requirements of this Chapter.

(Ord. No. 2017-1123, § 1, 11-28-17; Ord. No. 2023-1172, § 2, 10-10-23)

(a) An Employer shall not discharge, reduce the compensation or otherwise retaliate against any Employee for making a complaint to the City, participating in any of the City's proceedings, using any civil remedies to enforce his or her rights, or otherwise asserting his or her rights under this Chapter.

(b) It is unlawful for the Employer to discharge any Employee who engaged in any activity described in subsection (a) within 120 days of an Employer being notified of such activity, unless the Employer has clear and convincing evidence of just cause for such discharge.

(Ord. No. 2017-1123, § 1, 11-28-17)

Each Employer shall maintain for at least three years for each Employee, a record of his or her name, hours worked and pay rate. Each Employer shall provide each Employee a copy of the records relating to such Employee upon the Employee's reasonable request.

(Ord. No. 2017-1123, § 1, 11-28-17)

(a) A violation of this Chapter by an employer may be remedied by any means available to remedy a violation of this Code.

(b) The City may require an Employer to pay a civil penalty of $50 to the City for each Employee or person whose rights under this Chapter were violated for each day a violation occurred.

(Ord. No. 2017-1123, § 1, 11-28-17)

Except for employees in the property services industry (i.e., janitors, landscapers, groundskeepers, and security guards), the provisions of this Chapter may be waived in whole or in part with respect to employees covered under a written collective bargaining agreement if the following circumstances apply:

(a) The collective bargaining agreement contains provisions which specifically waives municipal minimum wage rates in excess of the contractually required wage rates for any group or groups of covered employees; and

(b) The entire collective bargaining agreement, including the provisions referred to in (b) above, was negotiated and entered into prior to the date or when such waiver would take effect.

(Ord. No. 2017-1123, § 1, 11-28-17)

The purpose of this Chapter is to ensure minimum labor standards. This Chapter does not pre-empt or prevent the establishment of superior employment standards (including higher wages) or the expansion of coverage by ordinance, resolution, contract, or any other action of the City. This Chapter shall not be construed to limit a discharged Employee's right to bring a common law cause of action for wrongful termination.

(Ord. No. 2017-1123, § 1, 11-28-17)

This Chapter shall not be applied to the extent it will cause the loss of any federal or state funding of City activities.

(Ord. No. 2017-1123, § 1, 11-28-17)