Mountain View Municipal Code Art. IV Wage Theft

Footnotes:

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Editor's note— The provisions codified within this article are effective as of January 1, 2023.

This Article shall be known as the "Wage Theft Ordinance."

(Ord. No. 13.22, § 1, 9/13/22.)

a. Every business operator required to obtain a business license under Chapter 18 of the city code shall be required to submit the sworn affidavit described below in Sec. 42.52 at the same time the application for a business license or business license renewal is submitted to the tax administrator. For purposes of this Article, the term "business operator" shall have the same meaning ascribed to that term in Chapter 18, Sec. 18.2.

b. Exemption. Business operators with no employees shall be exempt from compliance with this Section.

(Ord. No. 13.22, § 1, 9/13/22.)

The city's tax administrator shall prepare an affidavit in which the business operator affirms under the penalty of perjury that:

a. The business operator has not been found to be in violation of any federal, state or local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code and any local minimum wage, living wage or prevailing wage requirements by a court of law or any federal, state or local hearing officer or other adjudicatory body; or

b. The business operator is in compliance with or has fully satisfied any final judgment, order or administrative decision issued against the business operator for violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage, living wage or prevailing wage requirements.

c. For purposes of this Section, a final judgment, order or administrative decision shall mean any judgment, order or decision that is no longer subject to challenge by appeal or petition for review, whether due to the lapse of time to seek appellate review or the exhaustion of all rights to appellate review.

(Ord. No. 13.22, § 1, 9/13/22.)

It shall be a violation of this Article to:

a. Fail to submit an affidavit as required by Sec. 42.51; or

b. Submit an affidavit as required by Sec. 42.51 that is known, or reasonably should be known, to be false.

(Ord. No. 13.22, § 1, 9/13/22.)

In addition to any other remedies provided by law, violation of this Chapter is an infraction punishable as set forth in Chapter 1, Sec. 1.7, of this Code and may be subject to administrative citations, fines and penalties as set forth in Chapter 1, Sec. 1.18, et seq.

(Ord. No. 13.22, § 1, 9/13/22.)