Sec. 2-376. - Application of this article.

(a)

Covered Employers. Unless exempt as set forth in subsection (b) below, the following are "covered employers" and shall comply with this article if they employ more than five (5) employees:

(1)

For-profit service contractors that receive service contract(s) totaling twenty-five thousand dollars ($25,000.00) or more from the county in a twelve-month period.

(2)

Nonprofit service contractors that receive service contract(s) totaling fifty thousand dollars ($50,000.00) or more from the county in a twelve-month period.

(3)

All county economic development assistance recipients.

(4)

Subcontractors of any of the persons or entities described in subparagraphs (1) through (3), above, provided that: (i) the subcontractors' employees are engaged in county funded services and (ii) the subcontractors have fifty thousand dollars ($50,000.00) or more in annual gross receipts from all sources.

(b)

Exemptions—Entities or Businesses. The requirements of this article shall not apply to the following entities or businesses:

(1)

Governmental entities and agencies, including, without limitation, cities, other counties, state agencies, and federally recognized tribes;

(2)

Service contractors, county economic development assistance recipients, and subcontractors with fewer than six (6) employees;

(3)

Nonprofit organizations with fewer than twenty-five (25) employees;

(4)

In-patient health and mental health providers, unless the county occupies seventy-five percent (75%) or more of their beds.

(c)

Exemptions—Employees. The requirements of this article shall not apply to the following employees:

(1)

An employee participating in a temporary job-training program approved by the county in which a significant component of the employee's training consists of acquiring specialized knowledge, abilities, skills, or job readiness.

(2)

An employee employed on a seasonal project which does not exceed six (6) months in duration, except as set forth in Section 2-376.1.

(3)

An employee who is hired as an intern where the intern is receiving academic credit or other non-monetary job training benefits.

(4)

An employee who is a student while said employee is actively enrolled in school.

(5)

Volunteers, including part-time firefighters and part-time firefighters with EMT certification, part-time paramedics, and part-time emergency medical technicians, provided there is no replacement or displacement of existing firefighter positions or employees.

(6)

Participants in the Sonoma County Youth Ecology Corps program.

(7)

Participants in the county's prisoner work release program.

(8)

Employees of service contractors engaged on county public works projects subject to the requirements of Division 2, Part 7, of the California Labor Code, or any successor statute, when said code requires compensation greater than that required by this article.

(9)

Employees who are standing by or on-call according to the criteria established by the Fair Labor Standards Act, 29 U.S.C. Section 201, or any successor statute. This exemption shall apply only during the time when the employee is actually standing by or on-call.

(10)

Any disabled employee who (i) is covered by a current sub-minimum wage certificate issued to the employer by the U.S. Department of Labor; or (ii) would be covered by such a certificate but for the fact that the employer is paying a wage equal to or higher than the minimum wage.

(11)

An employee for whom application of the requirements of this article is prohibited by state or federal law.

(12)

An employee subject to a bona fide collective bargaining agreement where the waiver of the provisions of this article are set forth in clear and unambiguous terms in such an agreement.

(d)

Waivers. Waivers may be requested by any covered employer or by the county executive on his or her own volition.

(1)

Request from Covered Employer. Any covered employer seeking waiver of any provision of this article must submit a written request to the county executive or his or her designee who may recommend a waiver to the board of supervisors. The waiver request shall provide a detailed explanation of the covered employer's particular hardship and shall do all of the following:

a.

Set forth the reasons for the covered employer's inability to comply with the provisions of this article, including a complete cost accounting for the proposed work to be performed under a service contract or in connection with the economic development assistance sought, including wages and benefits to be paid all employees, as well as an itemization of the wage and benefits paid to the five (5) highest paid individuals employed by said covered employer.

b.

Demonstrate that the reasons for the waiver are otherwise consistent with county policies and that the waiver is not merely to replace or displace existing positions or employees or to lower the wages of current employees.

(2)

Recommendation from County Executive. In addition, the county executive may independently recommend that the board of supervisors approve waivers, either with or without conditions, to any of the requirements and regulations set forth in this article where any of the following conditions exist:

a.

The services to be provided are available from a single source and meeting the requirements of this article would cause that source a demonstrated economic hardship; or

b.

The exception is necessary to provide emergency services essential to mitigate or prevent possible threats to public safety or public health for a limited period of time; or

c.

All bidders for the service to be provided would suffer demonstrated economic hardships complying with the requirements of this article and none of the bidders propose that they can comply with those requirements; or

d.

Any other circumstances that the board of supervisors finds advances the policy underlying the adoption of this article or to be in the public interest.

(3)

Findings. Waivers from the article are disfavored and will be granted only where the balance of competing interests weighs clearly in favor of granting the waiver. The board of supervisors may grant a waiver only upon a finding and determination that:

a.

The covered employer seeking the waiver has demonstrated economic hardship and the requested waiver will further the interests of the county in providing training positions which will enable employees to advance into permanent living wage jobs or better; or

b.

One (1) of the requisite conditions set forth in subparagraph (2) of this subsection (d) exists to justify the grant of a waiver.

No waiver shall be granted if the effect of the waiver is to replace or displace existing positions or employees or to lower the wages of current employees.

(Ord. No. 6488, § III(Exh. A), 6-4-2024; Ord. No. 6467, § X, 4-16-2024; Ord. No. 6139, § II, 12-15-2015)

(a)

"Covered employer" shall also include the following, and such entities shall comply with this article as to the "covered employees" defined below, if such entity, or a wholly- controlled or -controlling corporate entity, employs more than twenty-five (25) employees, wherever located, and in the preceding calendar year had more than three hundred fifty thousand dollars ($350,000.00) in annual gross receipts from any source:

(1)

Lessees, licensees, renters, or operators of or at county real property, defined as any person or entity who is party to a lease, license, "operating agreement," rental agreement, permit or other written agreement for use of or operation at any county real property;

(2)

Concessionaires on any county real property, other than a utility or state law franchisee;

(3)

Sublessees, sublicensees, sub-operators, sub-concessionaries, and other lower tier entities taking rights to occupy or use county real property through a covered employer under subsections (a)(1) or (a)(2) herein;

(4)

Personnel leasing agencies, temporary employee agencies, and other persons or entities, who supply personnel at any county real property to or for a covered employer under subsections (a)(1), (a)(2), or (a)(3) herein;

(5)

Subcontractors and any other service providers contracted to provide any primary, regular, or recurring service(s) at any county real property to a covered employer under subsections (a)(1), (a)(2), (a)(3) or (a)(4) herein, unless said services are solely ancillary or incidental.

(b)

For purposes of this section, "covered employee" means any employee, unless exempt in accordance with Sections 2-376(c) or 2-376.5, who performs services or work on the county property that is the subject of the agreement, unless said employee spends less than either twenty percent (20%) of his or her work time, or eight (8) hours per week, whichever is less, on work at the subject property, averaged over the shorter of either the term of the applicable county property agreement or the entire calendar year.

(c)

This section shall not apply:

(1)

Arising out of any easement, encroachment permit, deed, mortgage or bond indenture;

(2)

Arising out of any right of entry or permit to any public utility or to any other person for purposes of disaster response or mitigation activities;

(3)

To agreements for short-term, invite-only uses that are personal or familial celebrations, as determined by the site administrator;

(4)

Arising solely out of any airport ground transportation permit or agreement to allow commercial vehicle activity issued under Sonoma County Code Chapter 3, Article IV, Commercial Vehicle Operations. This exception shall not extend to nor exclude any rental vehicle lessee, concessionaire, or operator otherwise covered by this section or article;

(5)

To any governmental entities and agencies, including, without limitation, cities, other counties, state agencies, and federally recognized tribes;

(d)

Notwithstanding any of the general exemptions set forth in Sections 2-376(c) and 2-376.5, all temporary or seasonal workers employed by the Sonoma County Fairgrounds operator shall be paid at least the applicable living wage rate in accordance with Section 2-377. Except as to its contracted services providers and lessees otherwise covered by this section, no other provisions of this article shall apply to the Sonoma County Fairgrounds operator at the county fairgrounds, including with regard to its vendors, concessionaires, or permanent employees.

(Ord. No. 6488, § III(Exh. A), 6-4-2024)

In addition to or in lieu of the exemptions set forth in Section 2-376(c), the requirements of this article shall not apply to the following employees of a nonprofit service contractor:

(1)

An employee employed on a temporary or seasonal project which does not exceed twelve (12) months in duration, including, without limitation, internships where the intern is receiving academic credit or other non-monetary job training benefits, except as set forth in Section 2-376.1.

(2)

An employee employed by the California Conservation Corps or by community conservation corps certified by the California Conservation Corps pursuant to Section 14507.5 of the California Public Resources Code or any successor statute.

(3)

A part-time employee who voluntarily declines full time work for personal reasons (e.g., retired seniors who only want to work a few hours, full-time students, or similar).

(4)

An employee employed in an overnight position where the employee is compensated to engage in employer-authorized sleep-time at the worksite.

(5)

An employee whose compensation is funded by a federal program that dictates the wages to be paid the employee.

(Ord. No. 6488, § III(Exh. A), 6-4-2024)

Editor's note— Ord. No. 6488, § III(Exh. A), adopted June 4, 2024, repealed the former § 2-376.5 and enacted a new section as set out herein. The former § 2- 376.5 pertained to application of this article to nonprofits and derived from Ord. No. 6139, § II, adopted Dec. 15, 2015.