Richmond Municipal Code Ch. 7.108 Minimum Wage Ordinance

Footnotes:

--- (11) ---

Editor's note— Ord. No. 15-17 N.S., § I, adopted July 18, 2017, amended Ch. 7.108 in its entirety to read as set out herein. Former Ch. 7.108, §§ 7.108.010—7.108.120, pertained to similar subject matter and derived from Ord. No. 11-14 N.S., § I, adopted June 17, 2014.

This chapter shall be known as the "Minimum Wage Ordinance."

(Ord. No. 15-17 N.S., § I, 7-18-2017)

This chapter is adopted pursuant to the powers vested in the City of Richmond under the laws and Constitution of the State of California and the City Charter, including, but not limited to, the police powers vested in the City pursuant to Article XI, Section 7 of the California Constitution and Section 1205(b) of the California Labor Law.

(Ord. No. 15-17 N.S., § I, 7-18-2017)

The following terms shall have the following meanings:

(a) "City" shall mean City of Richmond, California.

(b) "Department" shall mean the Employment and Training Department of the City of Richmond or such other City department as the City Manager shall designate.

(c) "Employee" shall mean any person who:

(1) In a calendar week performs at least two hours of work for an employer as defined below within the geographic boundaries of the City; and

(2) Qualifies as an employee entitled to payment of a minimum wage from any employer as defined below under the California minimum wage law, as provided under Section 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission, or is a participant in a Welfare-to-Work Program. An employee who is exempt from payment of a minimum wage under California minimum wage law is not an employee for purposes of this chapter. Employees in California who are exempt from California minimum wage law are not employees subject to this chapter. This includes, but is not limited to, learners as defined by the Division of Labor Standards Enforcement. Employees in California who are exempt from payment of a minimum wage or are entitled to a reduced minimum wage under California minimum wage law are not employees subject to this chapter. This includes, but is not limited to, learners as defined by the Division of Labor Standards Enforcement and the California Code of Regulations.

(c) Employee shall not include any person who is employed through the YouthWORKS Youth Summer Employment Program, which is the City of Richmond program that offers Richmond youth, ages 15 to 21, the chance to work in a variety of local jobs to gain professional working experience during the summer months.

(d) "Employer" shall mean any person, as defined in Section 18 of the California Labor Code, who directly or indirectly through any other person, including through the services of a temporary employment agency or similar entity, employs or exercises control over the wages, hours or working conditions of any employee.

(e) "Minimum wage" shall have the meaning set forth in Section 7.108.040 of this chapter.

(f) "Welfare-to-Work Program" shall mean the CalWORKS Program, County Adult Assistance Program (CAAP) which includes the Personal Assisted Employment Services (PAES) Program, and General Assistance Program, and any successor programs that are substantially similar to them.

(Ord. No. 15-17 N.S., § I, 7-18-2017)

(a) Employers shall pay employees no less than the minimum wage set forth in this Section for each hour worked within the geographic boundaries of the City. The minimum wage shall be as follows:

(1) For a transition period beginning on January 1, 2015, and ending on December 31, 2015, the minimum wage shall be an hourly rate of $9.60. For a transition period beginning on January 1, 2016, and ending on December 31, 2016, the minimum wage shall be an hourly rate of $11.52. For a transition period beginning on January 1, 2017, and ending on December 31, 2017, the minimum wage shall be an hourly rate of $12.30. For a transition period beginning on January 1, 2018, and ending on December 31, 2018, the minimum wage shall be an hourly rate of $13.41.

(2) Beginning on January 1, 2019, the minimum wage shall be an hourly rate of $15.00.

(3) To prevent inflation from eroding its value, beginning on January 1, 2020, and each year thereafter, the minimum wage shall increase by an amount corresponding to the prior year's increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San Jose, CA metropolitan statistical area, or any successor index as published by the U.S. Department of Labor or its successor agency.

(4) The adjusted minimum wage shall be announced by October 1 of each year, and shall become effective as the new minimum wage on January 1.

(5) If the employer pays at least $1.50 per hour per employee towards an employee medical benefits plan, which allows the employee to receive employer-compensated care from a licensed physician, the employer shall pay employees the minimum wage as defined in this section, less $1.50, so long as such deduction is consistent with Section 7.108.100. The Department guidelines established pursuant to this chapter shall include rules for calculating this medical benefits plan credit, as well as address any procedures required for obtaining this credit.

(b) A violation for unlawfully failing to pay the minimum wage shall be deemed to continue from the date immediately following 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 immediately preceding the date the wages are paid in full.

(Ord. No. 15-17 N.S., § I, 7-18-2017)

To the extent required or permitted by law, all or any portion of the applicable requirements of this chapter may be waived in a bona fide collective bargaining agreement, provided that such waiver is explicitly set forth in such agreement in clear and unambiguous terms.

(Ord. No. 15-17 N.S., § I, 7-18-2017)

(a) By December 1 of each year, the Department shall publish and make available to employers a bulletin announcing the adjusted minimum wage rate for the upcoming year. In conjunction with this bulletin, the Department shall by December 1 of each year publish and make available to employers, in all languages spoken by more than five percent of the work force in the City, 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) Every employer shall post in a conspicuous place at any workplace or job site where any employee works the notice published each year by the Department informing employees of the current minimum wage rate and of their rights under this chapter. Every employer shall post such notices in any language spoken by at least five percent of the employees at the work-place or job site.

(c) Employers shall retain payroll records pertaining to employees for a period of four years, and shall allow the City access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this chapter. Where an employer does not maintain or retain adequate records documenting wages paid or does not allow the City reasonable access to such records, the employee's account of how much he or she was paid shall be presumed to be accurate, absent clear and convincing evidence otherwise.

(Ord. No. 15-17 N.S., § I, 7-18-2017)

It shall be unlawful for an employer or any other party to discriminate in any manner or take adverse action against any person in retaliation for exercising rights protected under this chapter. Rights protected under this chapter include, but are not limited to: the right to file a complaint, or the right to inform any person about any party's alleged noncompliance with this chapter or any person's potential rights under this chapter. Protections of this chapter shall apply to any person who in good faith alleges noncompliance with this chapter.

Taking adverse action against a person within 90 (90) days of the person's exercise of rights protected under this chapter shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights.

(Ord. No. 15-17 N.S., § I, 7-18-2017)

(a) Guidelines. The Department shall be authorized to coordinate implementation and enforcement of this chapter and shall promulgate appropriate guidelines or rules for such purposes. Any guidelines or rules promulgated by the Department may be relied on by employers, employees and other parties to determine their rights and responsibilities under this chapter. Any guidelines or rules may establish procedures for ensuring fair, efficient and cost-effective implementation of this chapter. Any guidelines or rules shall require that employers claiming a reduction of the minimum wage based on payment of employee benefits or any other exemption in this chapter bear the burden of demonstrating that such exemption or reduction applies to the satisfaction of the Department when a violation of this chapter is reported; and shall set forth procedures for claiming such a reduction.

(b) Reporting Violations. An employee or any other person may report to the Department in writing any suspected violation of this chapter. The Department shall encourage reporting pursuant to this subsection by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the employee or person reporting the violation. Provided, however, that the Department may disclose his or her name and identifying information as necessary to enforce this chapter or other employee protection laws. In order to further encourage reporting by employees, if the Department notifies an employer that the Department is investigating a complaint, the Department may require the employer to notify its employees that the Department is conducting an investigation, using a form provided by the Department.

(c) Investigation. The Department shall be responsible for investigating any possible violations of this chapter by an employer or other person. The Department shall have the authority to inspect workplaces, interview persons and request the City Attorney to subpoena books, papers, records, or other items relevant to the enforcement of this chapter.

(d) Report. The City Manager or his designee shall present a report to the City Council regarding the effectiveness and implementation of this chapter on or about January 1, 2016, and on an annual basis thereafter.

(Ord. No. 15-17 N.S., § I, 7-18-2017)

(a) When a violation is reported under this chapter, the Department shall investigate the report of violation and provide the Employer with an opportunity to abate the violation through a notice of violation and demand to abate. The notice and demand shall set forth a description of the alleged violation, date(s) of violation, the specific action(s) needed to correct the violation, and the date by which to correct the violation. The notice and demand shall provide no more than 30 days to abate and correct the violation.

(b) Failure to comply with a notice of violation and demand to abate issued pursuant to this chapter shall constitute a nuisance and violation of the Richmond Municipal Code, subject to all penalties and legal actions as set forth in Sections 1.04.100 through 1.04.160 of this Code, the Department shall take any appropriate enforcement action to secure compliance.

(c) In addition to legal actions, the Department may issue an administrative citation as set forth in Chapter 2.62 of this Code, with the following exceptions:

(1) The administrative citation fine shall not exceed $50.00 per each day or portion of a day that the violation occurs, and for each employee as to whom the violation occurred or continued; and

(2) Section 2.62.105 of this Code shall not apply; and

(3) The Hearing Officer's decision issued pursuant to Chapter 2.62 shall be final, and a person aggrieved by the Hearing Officer's decision may seek judicial review in the superior court pursuant to Government Code Section 53069.4.

(d) Any person aggrieved by a violation of this chapter, any entity with a member which is aggrieved by a violation of this chapter, or any other person or entity acting on behalf of the public as provided for under applicable State law, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall be awarded reasonable attorneys' fees and costs and shall be entitled to such legal or equitable relief as may be appropriate, including, without limitation, the relief set forth in this section below. Provided, however, that any person or entity enforcing this chapter on behalf of the public as provided for under applicable State law shall, upon prevailing, be entitled only to equitable, injunctive or restitutionary relief to employees, and reasonable attorneys' fees and costs.

(e) This chapter shall not be construed to limit an employee's right to bring legal action for a violation of any other laws concerning wages, hours, or other standards or rights. Nothing in this chapter shall be construed to authorize a right of action against the City.

(f) Except where prohibited by State or Federal law, City agencies or departments may revoke or suspend any registration certificates, permits or licenses held or requested by the employer until such time as the violation is remedied, including, but not limited to, business licenses as defined by Chapter 7.04 of this Code.

(g) Relief in civil action brought under this chapter. The remedies for violation of this chapter include, but are not limited to:

(1) Reinstatement in employment and/or injunctive relief, the payment of back wages unlawfully withheld, and the payment of an additional sum as a civil penalty in the amount of $50.00 to 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.

(2) 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.

(3) Reimbursement of the City's costs of enforcement and reasonable attorneys' fees.

(Ord. No. 15-17 N.S., § I, 7-18-2017)

This chapter provides for payment of a local minimum wage and shall not be construed to preempt or otherwise limit or affect the applicability of any other law, regulation, requirement, policy or standard that provides for payment of higher or supplemental wages or benefits, or that extends other protections.

(Ord. No. 15-17 N.S., § I, 7-18-2017)

The minimum wage established pursuant to this chapter shall apply to the Welfare-to-Work Programs under which persons must perform work in exchange for receipt of benefits. Participants in Welfare-to-Work Programs shall not, during a given benefits period, be required to work more than a number of hours equal to the value of all cash benefits received during that period, divided by the minimum wage.

(Ord. No. 15-17 N.S., § I, 7-18-2017)

Nothing in this chapter shall preclude the City Council from imposing a cost recovery fee on all employers to pay the cost of administering this chapter.

(Ord. No. 15-17 N.S., § I, 7-18-2017)