Oakland Municipal Code Ch. 2.44 Department of Workplace and Employment Standards

There is hereby created under the jurisdiction of the City Administrator a Department of Workplace and Employment Standards. Effective July 1, 2020, the Department of Workplace and Employment Standards shall enforce Chapter 2.28 ("Living Wage Ordinance"); Chapter 2.36 ("Worker Retention at Large-Scale Hospitality Business Ordinance"); Chapter 5.92 ("City Minimum Wage, Sick Leave, and Other Employment Standards"); Chapter 5.93 ("Hotel Minimum Wage and Working Conditions"); Prevailing Wage Resolution (Resolution No. 57103 C.M.S.), Local Employment Program (Part IV of the Local and Small Business Enterprise Program, Resolution No. 69687 C.M.S., as amended and codified by Ordinance No. 12389 C.M.S., and as subsequently amended), Fifteen (15) Percent Apprenticeship Program (Resolution No. 74762 C.M.S.), Chapter 5.94 ("Protecting Workers and Communities During the Pandemic - COVID-19 Emergency Paid Sick Leave Ordinance"), Chapter 5.95 ("Hospitality and Travel Worker Right to Recall"), and Chapter 5.96 ("Grocery Worker Hazard Pay Emergency Ordinance"), and shall carry out such additional duties and functions as assigned by the City Administrator, or by Charter, ordinance, or City Council resolution. The Department of Workplace and Employment Standards may impose penalties and take any and all appropriate action to enforce the requirements of such provisions. The Department of Workplace and Employment Standards shall have authority to adopt rules and regulations consistent with and necessary for the implementation of the foregoing laws. Such rules and regulations shall have the force and effect of law, and may be relied upon by employers, employees and other persons to determine their rights and responsibilities. The Department of Workplace and Employment Standards may enforce the provisions of the California labor Code to the extent permitted by State law.

(Ord. No. 13639, § 6, 2-2-2021; Ord. No. 13607, § 2, 7-21-2020; Ord. No. 13593, § 6, 5-12-2020; Res. No. 87287, § 3, 7-24-2018)

The Department of Workplace and Employment Standards shall be administered by a Chief Officer, who shall be appointed by, and shall serve at the pleasure of, the City Administrator. In appointing the Chief Officer, the City Administrator shall consider, among other relevant factors, the individual's experience enforcing employment standards, including prevailing wage requirements. The Chief Officer shall coordinate his or her activities with federal and state labor standards agencies.

(Res. No. 87287, § 3, 7-24-2018)

All City departments and agencies shall cooperate with the Chief Officer and his or her designees. The Chief shall have the authority to subpoena the production of books, papers, records or other items relevant to investigations under the jurisdiction of the Department of Workplace and Employment Standards.

(Res. No. 87287, § 3, 7-24-2018)