Chapter 6.10 — MINIMUM WAGE

As used in this chapter, the following terms shall have the following meanings:

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

"City" means the city of Burlingame.

"Employee" means any person who 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 State of California Industrial Welfare Commission. Employees shall include learners, as defined by the California Industrial Welfare Commission.

"Employer" means any person (including a natural person, corporation, non-profit corporation, general partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign), 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.

"Minimum wage" has the meaning set forth in Section 6.10.020 of this chapter. (Ord. 1982 § 2, (2020))

(a) Employers shall pay employees no less than the minimum wage for each hour worked within the geographic boundaries of the city.

(b) The minimum wage paid shall be as follows: Beginning January 1, 2021, the minimum
wage shall be an hourly rate of $15.

(c) Beginning on January 1, 2022, and each January thereafter, the minimum wage shall
increase by an 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 shall be calculated by using the August to August change in the CPI
to calculate the annual increase, if any. A decrease in the CPI shall not result in a decrease
in the minimum wage.

(d) An employee who is a learner, as defined by California Industrial Welfare Commission
Order No. 4-2001, shall be paid no less than 85% of the applicable minimum wage for the
first 160 hours of employment. Thereafter, the employee shall be paid the applicable
minimum wage rate.

(e) An employer may not deduct an amount from wages due an employee on account of any
tip or gratuity, or credit the amount or any part thereof, of a tip or gratuity, against, or as a
part of, the wages due the employee from the employer.

(f) Exemptions: (1) first degree relatives (defined as the parents, siblings, or children) of a
natural person who is an employer under this chapter or who is the sole owner or in sole
control of an employer are exempt from the minimum wage required by this chapter, although all other relevant labor and employment laws continue to apply; and (2) persons
who act as independent contractors or who otherwise provide services without attaining the
status of an employee are exempt from the minimum wage required by this chapter.
(Ord. 1982 § 2, (2020))

(a) By October 1 of each year, the city shall publish and make available to employers a bulletin announcing the adjusted minimum wage rate, to take effect January 1 of the following year. In conjunction with this bulletin, the city shall, by November 1st of each year, publish and make available to employers, in English and other languages as provided in any implementing regulations, a notice suitable for posting by employers in the workplace informing employees of the current minimum wage rate and of their rights under this chapter.

(b) Each employer shall give written notification to each current employee, and to each new employee at time of hire, of his/her/their rights under this chapter. The notification shall be in English and other languages as provided in any implementing regulations, and shall also be posted prominently in areas at the work site where it will be seen by all employees. Every employer shall also provide each employee, at the time of hire, with the employer's name, address, and telephone number in writing. Failure to post such notice shall constitute a violation of this municipal code. The city is authorized to prepare sample notices and employers' use of such notices shall constitute compliance with this subsection. (Ord. 1982 § 2, (2020))

The city may promulgate regulations for the implementation and enforcement of this chapter. Any regulation promulgated by the city shall have the force and effect of law and may be relied on by employers, employees and other parties to determine their rights and responsibilities under this chapter. Any regulations may establish procedures for ensuring fair, efficient and cost-effective implementation of this chapter, including supplementary procedures 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. 1982 § 2, (2020))

(a) Enforcement by the City. The city may take any enforcement action set forth in Title 1 of this municipal code to address violations of this chapter. Alternatively, the city may elect to contract for enforcement services with a third party. If the city elects to enter into such a contract, the city shall provide public, written procedures for such enforcement and any such enforcement shall be consistent with the due process rights established by Title 1 of this code and relevant law.

(b) Private Rights of Action. An employee claiming harm from a violation of this chapter may
bring an action against the employer in court to enforce the provisions of this chapter and
shall be entitled to all remedies available to correct any violation of this chapter, including,
but not limited to, back pay, reinstatement, injunctive relief, or civil penalties as provided
herein. An employee who is a prevailing party in an action to enforce this chapter is entitled to an award of reasonable attorney fees, witness fees, and costs.

(c) Remedies.

(1) The remedies for violation of this chapter include, but are not limited to:

(A) Reinstatement, the payment of back wages unlawfully withheld, and payment of
an additional sum as a civil penalty in the amount of $50 to each employee
whose rights under this chapter were violated for each day or portion thereof
that the violation occurred or continued, and fines imposed pursuant to other
provisions of this code or state law.

(B) Interest on all due and unpaid wages at the rate of interest specified in
subdivision (b) of Section 3289 of the California Civil Code, which shall accrue
from the date that the wages were due and payable as provided in Part 1
(commencing with Section 200) of Division 2 of the California Labor Code, to
the date the wages are paid in full.

(C) Reimbursement of the city's administrative costs of enforcement and reasonable
attorney fees.

(D) The city may require the employer to pay an additional sum as a civil penalty in
the amount of $50 to the city for each employee or person whose rights, under
this chapter, were violated for each day or portion thereof that the violation
occurred or continued, and fines imposed pursuant to other provisions of this
code or state law, where there has been a previous violation of this chapter.

(2) The remedies, penalties and procedures provided under this chapter are cumulative
and are not intended to be exclusive of any other available remedies, penalties and
procedures established by law which may be pursued to address violations of this
chapter. Actions taken pursuant to this chapter shall not prejudice or adversely affect
any otheraction, administrative or judicial, that may be brought to abate a violation or
to seek compensation for damages suffered.

(d) Retaliation Barred.

(1) 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. Within 120 days of an employer being
notified of such activity, it shall be unlawful for the employer to discharge any
employee who engaged in such activity unless the employer has clear and convincing
evidence of just cause for such discharge.

(2) 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.

(e) Retention of Records. 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. 1982 § 2, (2020))

§ 6.10.060. (Reserved)
(Ord. 1982 § 2, (2020); Ord. 1984 § 1, (2020))

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. 1982 § 2, (2020))

This chapter shall not be applied to the extent it will cause the loss of any federal or state funding of city activities. (Ord. 1982 § 2, (2020))