Sec. 2-377. - Living wage requirements.

(a)

Payment of Living Wage. Covered employers shall pay employees no less than a living wage as set forth in this article. The living wage requirements imposed by this article shall be binding upon the assignees and successors in interest of any service contractor, county economic development assistance recipient, or subcontractor to which this article applies.

(b)

Rate. Covered employers shall pay employees no less than the living wage rate for the time those employees are engaged in providing services to or funded by the county, or working at a county property, as applicable. As used in this section, the "living wage" means the most current adopted rate (eighteen dollars and ten cents ($18.10) per hour, as of January 1, 2024), if the covered employer does not provide health benefits. The living wage is subject to adjustment as provided in subsection (d) of this section.

(c)

Credit for Health and Retirement Benefits. A covered employer who contributes towards the provision of either (i) health care benefits for the employee and his/her dependents or (ii) a retirement plan for the employee and his/her dependents shall have up to one dollar and fifty cents ($1.50) credited toward its compliance with the living wage. A covered employer who contributes towards the provision of both (i) health care benefits for the employee and his/her dependents and (ii) a retirement plan for the employee and his/her dependents shall have up to three dollars ($3.00) credited toward its compliance with the living wage. The covered employer must provide written proof of the provision of such benefits to the county during the contracting process.

(d)

Adjustments. The required living wage rate shall automatically be adjusted annually, upwards only, at the same rate as the annual cost of living increase, if any, during the preceding year in the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose Consolidated Metropolitan Statistical Area, as published in October of each year by the U.S. Department of Labor, Bureau of Labor Statistics. Adjustments shall take effect on July 1 of each year. Notwithstanding, the county executive and the board of supervisors may each elect to cancel, postpone, or take any other action with regard to any wage adjustment, based on consideration of the county's budgetary situation, the prevailing financial conditions and general economic health of the county, and the economy in general. In such event, the county executive shall provide notice to the board of supervisors and issue appropriate notices and advisements to all county departments and contractors. Notwithstanding, no later than after every third adjustment and prior to the next adjustment due, the board of supervisors shall receive a report and consider any other adjustments to the living wage rate, taking account of all circumstances and other pertinent information deemed relevant by the board. Any such adjustment shall be adopted by board resolution and the applicable living wage rate, and any other conditions or terms with regard thereto, shall be as set forth therein.

(e)

County Employees. For the limited purposes of the requirement to pay the living wage rate, the county shall pay at least the applicable living wage rate to all its employees, excepting full or part-time county employees who are in student aide or seasonal job classifications and any employees subject to a bona fide collective bargaining agreement where the waiver of this article is expressly set forth in such an agreement. No other provision of this article shall apply to county employees or be interpreted to extend any other employment benefit to any county employee.

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