Irvine Municipal Code Div. 6 Minimum Wage Requirements

The following words and phrases shall have the meanings set forth below, unless the context requires otherwise:

A. City means the City of Irvine.

B. City minimum wage requirement—Full time means the state minimum wage plus $8.50 per hour. As of the date of the adoption of this Ordinance, the local minimum wage requirement - full time will be $25.00 per hour.

C. City minimum wage requirement - part time means the state minimum wage plus $3.50 per hour. As of the date of the adoption of this Ordinance, the local minimum wage requirement - part time will be $20.00 per hour.

D. Contractor means any person or business that enters into a new service contract or any service contract with the City to provide services with an estimated value of $200,000.00 or more for any consecutive 12-month period (excluding, however, those bids, requests for proposals and contracts that were in process at the time this division becomes effective). For the purposes of this division, the term "Contractor" shall include all subcontractors retained by a Contractor to perform any or all of the functions covered by the contract.

E. Contractor minimum wage requirement means the state minimum wage plus $3.50 per hour. As of the date of the adoption of this Ordinance, the Contractor minimum wage requirement will be $20.00 per hour.

F. Covered employee means any employee whose services fulfill the Contractor's obligations under contracts with the City that are subject to this division. Bona fide volunteers shall not be considered "Covered Employees."

G. Full time employee means an employee that is hired to work 40 or more hours per week.

H. Part time employee means an employee that is hired to work less than 40 hours per week.

I. State minimum wage requirement means the generally applicable minimum hourly wage required by the State of California, as it may be amended from time to time. As of the date of the adoption of this Ordinance, the state minimum wage requirement was $16.50 per hour.

(Ord. No. 25-14, § 2, 6-24-25)

A. Minimum wage, full time City Employees. The City shall pay its full time employees no less than the local minimum wage requirement - full time.

B. Minimum wage, part time City Employees. The City shall pay its part time employees no less than the local minimum wage requirement - part time.

C. Minimum wage, Covered Employees. All Contractors subject to the requirements of this division shall pay Covered Employees no less than the Contractor minimum wage requirement.

(Ord. No. 25-14, § 2, 6-24-25)

No Contractor shall fund the wages required by this division in whole or in part by reducing the pension, vacation, or other non-wage benefits of any employee, or by increasing charges to employees for parking, uniforms, meals, or any other work- related materials or equipment.

(Ord. No. 25-14, § 2, 6-24-25)

Beginning July 1, 2026, the City shall provide notice to all covered Contractors by posting local minimum wage requirements for full time employees and part time employees rates on the City's web site in the Bids & RFP's Purchasing section. In general, rates are subject to change each July; however, Contractors are responsible for monitoring and updating payroll records to accommodate rate changes where applicable. In addition, Contractors are responsible for notifying and ensuring compliance with these requirements by subcontractors retained by Contractor to perform any or all of the functions covered by the contract.

(Ord. No. 25-14, § 2, 6-24-25)

A Declaration of Compliance must be signed by an authorized agent of the Contractor and will serve as part of the terms of the contract and/or amendments.

(Ord. No. 25-14, § 2, 6-24-25)

The City Manager, or their designee, may grant a whole or partial exception to the requirements of this division to a Contractor at the time of award of the contract upon a showing by the Contractor that imposition of the requirements of this division would impose an unreasonable hardship on the Contractor. A Contractor that desires such a determination by the City Manager shall, at the time it submits its bid or proposal to the City, provide the City Manager with a written request that it desires exemption from the requirements of this division, and a description of the factual and practical bases for such request.

(Ord. No. 25-14, § 2, 6-24-25)

A. The Director of Administrative Services, or their designee, shall be responsible for ensuring that the requirements of this division are incorporated in all contracts, bid documents, requests for proposals and requests for qualifications that may be subject to this division to ensure proper implementation of all requirements. In addition, the Director of Administrative Services, or their designee, shall be responsible for developing and implementing rules and regulations for the effective administration of all requirements set forth in this division.

B. The Director of Administrative Services, or their designee, shall have the authority to perform the following acts for purposes of accomplishing the intent of this division and as deemed necessary or appropriate in the Director's judgment:

1. Review, investigate and/or maintain records of complaints alleging that the Contractor has violated the requirements of this division.

2. Perform random audits of the Contractor's and/or the Contractor's subcontractor's records to verify compliance with this division.

C. Upon determining that a Contractor is operating in accordance with the requirements of this division, the Director of Administrative Services shall furnish the Contractor with a written recognition and acknowledgment of such compliance.

(Ord. No. 25-14, § 2, 6-24-25)

A Contractor subject to the requirements of this division shall post in a conspicuous place, as required by State and Federal laws for other notices to employees, a copy of the notice referred to in this division, a sample of which is provided as part of the contract documents. The Contractor is responsible for notifying and requiring compliance from any subcontractors retained by Contractor, to perform any or all functions covered by the contract.

(Ord. No. 25-14, § 2, 6-24-25)

A. Cooperation with City Officials. Contractors shall cooperate with City officials in monitoring compliance with this division, including permitting City officials to access records and conduct interviews of Covered Employees during normal business hours.

B. Retention of records. Contractors shall retain records information regarding wage and benefits provided to Covered Employees, including but not limited to records which document the name, occupation, employee type under this division, dates of employment, rates of pay, amount paid each pay period, hours worked, and formula by which each Covered Employee's wages are calculated for at least three years.

C. Administrative records requests. The City may issue administrative records requests to hotel employers for records containing the information listed in Subdivision B above. Contractors shall have 30 days to respond to requests for records under this section, or such longer time designated by the City.

(Ord. No. 25-14, § 2, 6-24-25)

No Contractor shall discharge, reduce the compensation of, or otherwise discriminate or retaliate against any of its employees for making a complaint to the City, asserting the employee's rights, or assisting another employee in making a complaint or asserting their rights under this division.

(Ord. No. 25-14, § 2, 6-24-25)

A. Any Covered Employee may lodge a written complaint with the Director of Administrative Services or their designee that a Contractor or subcontractor has violated the requirements of this division.

B. Upon receipt of such a complaint, the Director of Administrative Services, or their designee, shall review and investigate at their discretion, the complaint and determine if the Contractor should be issued a preliminary notice of violation, which shall also contain the corrective measures the Contractor is required to undertake and/or the remedies that are being imposed. If the Contractor does not file a timely and sufficient appeal to the preliminary notice of violation, it shall become final and conclusive.

C. If a Contractor receives a notice of violation, the Contractor may request in writing an appeal hearing before the Director of Administrative Services, or their designee, to dispute the violation and/or corrective measures and/or remedies required. The request for an appeal hearing shall be filed with the City Clerk within 15 days of the date the Director of Administrative Services issued the preliminary notice of violation, and shall contain the reasons why the Contractor believes that a violation does not exist and/or that the corrective measures and or remedies are not appropriate. The Director of Administrative Services or their designee shall conduct the appeal hearing within 45 days of receipt of the appeal request. Within 15 days of the conclusion of the appeal hearing, the Director of Administrative Services shall issue their findings and final decision with respect to the appeal hearing.

D. A Contractor may appeal the final decision of the Director of Administrative Services to the City Council by filing a written notice of appeal within 15 days of the date of the Director's final written decision. The City Council shall conduct a hearing on the appeal within 45 days of its receipt of the appeal request and either uphold, overturn, or modify the Director's final decision.

(Ord. No. 25-14, § 2, 6-24-25)

A. The City may impose any or all of the following corrective measures and/or remedies against a Contractor for violations of this division:

1. Order the Contractor to comply with all regulations of this section within 60 days.

2. Order payment to Covered Employees to compensate those employees up to the compensation level required by this division.

3. Suspend payments for and/or suspend or cancel any contract between the City and the Contractor.

4. Render the Contractor ineligible to enter into contracts with the City for a period of three years or until all restitution to Covered Employees has been paid, whichever is longer.

B. In addition to the above corrective measures and/or remedies, the City shall be entitled to seek any and all other equitable and legal rights it may have under Federal, State, and local laws, including without limitation injunctive relief, for purposes of enforcing the remedies set forth above.

(Ord. No. 25-14, § 2, 6-24-25)

A Covered Employee shall have the right to seek any or all of the following remedies against a Contractor violating the provisions of this division in a court of competent jurisdiction:

A. Restitution to compensate the Covered Employee for all amounts that should have been paid to the Covered Employee pursuant to this division.

B. Reasonable attorneys' fees and costs.

C. Any and all other legal and equitable remedies available under Federal, State, and local laws.

(Ord. No. 25-14, § 2, 6-24-25)

Nothing in this division shall be interpreted or applied so as to create any power or duty in conflict with any State or Federal law, or to limit any Covered Employee's right to obtain relief to which the Covered Employee may be entitled at law or in equity. If at any time any applicable law requires the payment of a minimum wage in excess of the minimum wages required under this division, Contractors shall pay the higher minimum wage.

(Ord. No. 25-14, § 2, 6-24-25)

The remedies set forth in this division are cumulative. Nothing in this division shall be interpreted as restricting, precluding, or otherwise limiting a separate or concurrent prosecution under this Municipal Code or State law.

(Ord. No. 25-14, § 2, 6-24-25)