Daly City Municipal Code Ch. 8.76 Minimum Wage

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

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

"City" means the City of Daly City.

"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.

2. Qualifies as an employee entitled to payment of a minimum wage from any employer under the California Minimum Wage law, as provided by the State of 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" shall have the meaning set forth in Section 8.76.020 of this chapter.

(Ord. No. 1425, § 1, 1-14-2019)

A. Employers shall pay employees no less than the minimum wage for each hour worked within the geographic boundary of the city.

B. The minimum wage paid by all employers shall be as follows:

1. Beginning January 1, 2019, the minimum wage shall be an hourly rate of $12.00.

2. Beginning January 1, 2020, the minimum wage shall be an hourly rate of $13.75.

3. Beginning January 1, 2021, the minimum wage shall be an hourly rate of $15.00.

C. 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 part of, the wages due the employee from the employer.

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

(Ord. No. 1425, § 1, 1-14-2019)

A. By October 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 1 of each year, publish and make available to employers 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 or her rights under this chapter. Failure to post such notice shall constitute a violation of this chapter.

(Ord. No. 1425, § 1, 1-14-2019)

City may promulgate regulations for the implementation and enforcement of this chapter. Any regulation promulgated by 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, for monitoring employee compliance with this chapter, and for providing administrative hearings or determining whether an employer has violated the requirements of this chapter.

(Ord. No. 1425, § 1, 1-14-2019)

A. Enforcement by the City. City may take any enforcement action set forth in Chapter 1.12 of this Municipal Code to address violations of this chapter.

B. Private Right 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's fees, witness fees and costs.

C. Remedies. The remedies for violation of this chapter include, but are not limited to:

1. Reinstatement, the payment of back wages unlawfully withheld, and payment of an additional sum as a civil penalty in the amount of forty dollars 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 state law.

2. Interest on all due and unpaid wages at the rate of interested 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.

3. Reimbursement of the city's administrative costs of enforcement and reasonable attorney fees.

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.

D. 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 with a copy of the records relating to such employee upon the employee's reasonable request.

(Ord. No. 1425, § 1, 1-14-2019)

The purpose of this chapter is to ensure minimum labor standards. This chapter does not preempt 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.

(Ord. No. 1425, § 1, 1-14-2019)