Sonoma Municipal Code Ch. 2.80 Minimum Wage

As used in this chapter, the following terms shall have the following meanings:

A. “City” shall mean the city of Sonoma.

B. “Employee” shall mean any person who:

1. In a particular week performs more than two hours of work within the geographic boundaries of the city for an employer; and

2. Qualifies as an employee entitled to payment of a minimum wage from any employer under the California minimum wage law, as provided under Sections 1182.12 and 1197 of the California Labor Code.

C. “Employer” shall mean any person, including corporate officers or executives, who directly or indirectly (including through the services of a temporary services or staffing agency or similar entity) employs or exercises control over the wages, hours or working conditions of any employee.

D. “Franchise” means a written agreement by which:

1. A person is granted the right to engage in the business of offering, selling, or distributing goods or services under a marketing plan prescribed or suggested in substantial part by the grantor or its affiliate;

2. The operation of the business is substantially associated with a trademark, service mark, trade name, advertising, or other commercial symbol; designating, owned by, or licensed by the grantor or its affiliate; and

3. The person pays, agrees to pay, or is required to pay, directly or indirectly, a franchise fee.

E. “Franchisee” means a person to whom a franchise is offered or granted.

F. “Franchisor” means a person who grants a franchise to another person.

G. “Governmental agencies” shall include federal agencies, state agencies, school districts and auxiliary organizations as defined under Education Code Sections 72670(c) and 89901. “Governmental agency” does not include the city.

H. “Large employer” shall mean an employer for which normally 26 or more persons work for compensation during a given week, including persons employed outside the city.

I. “Minimum wage” shall have the meaning set forth in SMC 2.80.030.

J. “Person” means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign. “Person” shall also include the city.

K. “Small employer” shall mean an employer for which normally 25 or fewer persons work for compensation during a given week, including persons employed outside the city.

L. In determining the number of persons performing work for an employer during a given week, all persons performing work for the same business enterprise for compensation on a full-time, part-time, or temporary basis shall be counted, including persons made available to work through the services of a temporary services or staffing agency or similar entity, regardless of whether the employees work inside of or outside of the city. Separate entities will be considered an integrated enterprise and a single employer under this chapter where a separate entity controls the operation of another entity. The factors to consider in making this assessment include but are not limited to: (1) degree of interrelation between the operations of multiple entities; (2) degree to which the entities share common management; (3) centralized control of labor relations; and (4) degree of common ownership or financial control over the entities. The term “small employer” shall not include a franchisee associated with a franchisor or a network of franchises with franchisees that employ more than 25 employees in aggregate. (Ord. 02-2019 § 1, 2019).

A. Employees are covered by this chapter for each hour worked within the geographic boundaries of the city.

B. An employee who is typically based outside the city and performs work in the city on an occasional basis is covered by this chapter in a one-week period only if the employee performs more than two hours of work for an employer within the city during that one-week period.

1. Once an employee who works in the city on an occasional basis performs more than two hours of work for an employer within the city during a one-week period, payment for all time worked in the city during that one-week period shall be made in compliance with the requirements of this chapter.

2. Time spent in the city solely for the purpose of traveling through the city from a point of origin outside the city to a destination outside the city, with no employment-related or commercial stops in the city except for refueling or the employee’s personal meals or errands, is not covered by this chapter. (Ord. 02-2019 § 1, 2019).

A. A large employer shall pay an employee a wage of no less than the following hourly rate:

1. On January 1, 2020, the hourly wage shall be no less than $13.50.

2. On January 1, 2021, the hourly wage shall be no less than $15.00.

3. On January 1, 2022, the hourly wage shall be no less than $16.00.

4. On January 1, 2023, the hourly wage shall be no less than $17.00.

5. On and after January 1, 2024, the hourly wage shall be no less than the amount set forth in subsection (C)(1) of this section.

B. A small employer shall pay an employee a wage of no less than the following hourly rate:

1. On January 1, 2020, the hourly wage shall be no less than $12.50 an hour.

2. On January 1, 2021, the hourly wage shall be no less than $14.00 an hour.

3. On January 1, 2022, the hourly wage shall be no less than $15.00 an hour.

4. On January 1, 2023, the hourly wage shall be no less than $16.00 an hour.

5. On and after January 1, 2024, the hourly wage shall be no less than the amount set forth in subsection (C)(1) of this section.

C.

1. On January 1, 2024, and annually thereafter, the minimum wage for all employees will increase 3.5 percent or by a percentage (“index”) set by separate council resolution, whichever is less.

2. If the rate of change in the index for the period which ends the closest to December 1st of any given year and for which said index’s data is available as of December 1st of that year is negative, there shall be no increase or decrease in the minimum wage pursuant to this chapter on the immediately following January 1st.

3. The city manager or his/her designee shall announce the adjusted rates on December 1st and publish a bulletin on the city’s website announcing the adjusted rates, which shall take effect on the following January 1st of each year. In calculating the adjusted rates, the city manager shall use the most recent index information available prior to December 1st.

D. If the Governor of the state makes a final determination to temporarily suspend the state scheduled minimum wage increases pursuant to California Labor Code Section 1182.12 (or its successor statute) for the following year, all dates specified in subsections (A) and (B) of this section that are subsequent to the date of the Governor’s final determination shall be postponed by an additional year. (Ord. 02-2019 § 1, 2019).

A. An employee who is at least 14 but not older than 17 years of age and who is a “learner,” as defined in California Welfare Commission Order No. 4-2001, shall be paid not less than 85 percent of the minimum wage required by SMC 2.80.030 and rounded to the nearest nickel during his/her first 160 hours of employment. After more than 160 hours of employment, employees covered by this subsection shall be paid the applicable minimum wage pursuant to SMC 2.80.030.

B. An employer may not deduct any amount from wages due an employee pursuant to this chapter on account of any tip or gratuity, or credit the amount or any part thereof of a tip or gratuity, against and as a part of the wages due the employee from the employer pursuant to this chapter.

C. Governmental agencies are exempt from the minimum wage requirements set forth in this chapter under the principle of governmental immunity when the work performed is related to the agency’s governmental function.

D. Commissions or guaranteed gratuities, not including discretionary tips or gratuities, may be counted toward payment of the minimum wage specified herein when the commissions or guaranteed gratuities or tips are earned and paid together with other compensation paid to an employee (if any) and together are equal to or greater than the current minimum wage. For each pay period, employers shall pay the employee an amount that equals or exceeds the current hourly minimum wage set forth herein.

E. The employer may not offset a portion of the minimum wage otherwise owed to an employee hereunder for housing and meal costs paid for or provided by the employer. (Ord. 06-2020 § 1, 2020; Ord. 02-2019 § 1, 2019).

All or any portion of the applicable requirements of this chapter may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in that agreement in clear and unambiguous terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute or be permitted as a waiver of all or any part of the provisions of this chapter. (Ord. 02-2019 § 1, 2019).

Any waiver by an employee of any or all of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable. Any attempt by an employer to have an employee waive rights given by this chapter shall constitute a willful violation of this chapter. (Ord. 02-2019 § 1, 2019).

A. No employer shall discharge, reduce in compensation or otherwise discriminate against any employee for opposing any practice proscribed by this chapter, for participating in proceedings related to this chapter, for seeking to enforce his or her rights under this chapter by any lawful means, or for otherwise asserting rights under this chapter. Rights protected under this chapter include but are not limited to: the right to file a complaint or inform any person about any party’s alleged noncompliance with this chapter; and the right to inform any person of his or her potential rights under this chapter and to assist him or her in asserting such rights. Protections of this chapter shall apply to any person who mistakenly, but in good faith, alleges noncompliance with this chapter.

B. Taking adverse action against a person within 120 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.

C. No employer may fund increases in compensation required by this chapter, nor otherwise respond to the requirements of this chapter, by reducing the wage rate paid to any employee nor by increasing charges to him/her for parking, meals, uniforms or other items. (Ord. 02-2019 § 1, 2019).

A. Any person aggrieved by a violation of this chapter and any entity a member of which is aggrieved by a violation of this chapter may bring a civil action against the employer or other person violating this chapter in a court of competent jurisdiction to enforce the provisions of this chapter and shall be entitled to all remedies available to remedy any violation of this chapter, including but not limited to back pay, the payment of an additional sum as a civil penalty in the amount of $100.00 to each employee or person whose rights under this chapter were violated for each day that the violation occurred or continued, reinstatement in employment and/or injunctive relief. 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. Violations of this chapter are declared to irreparably harm the public and covered employees generally. The court shall award reasonable attorneys’ fees, witness fees and expenses to any plaintiff who prevails in an action to enforce this chapter. No criminal penalties shall attach for any violation of this chapter.

B. Remedies for the violation of this chapter shall include, but are not limited to:

1. Reinstatement, and the payment of back wages unlawfully withheld, and the payment of an additional sum as a civil penalty in the amount of $100.00 to each employee or person whose rights under this chapter were violated for each day or portion thereof that the violation occurred or continued.

2. Interest on all due and unpaid wages at the rate of interest specified in Section 3289(b) 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. For an employee found to have been unlawfully retaliated against in violation of SMC 2.80.060(A), triple the wages lost due to the violation. (Ord. 02-2019 § 1, 2019).

A. By December 1st of each year, the city shall publish on the city’s website a bulletin or notice announcing the adjusted minimum wage rate for the upcoming 12-month period, which shall take effect on the following January 1st. In conjunction with and at the same time the city publishes this bulletin, the city shall publish on its website a downloadable notice suitable for posting by employers in the workplace informing employees of the adjusted minimum wage rate for the upcoming 12-month period and their rights under this chapter. Such notice shall be in English, Spanish and such other languages as provided in any regulations promulgated pursuant to SMC 2.80.120. Every employer shall post in a conspicuous place at any workplace or job site where any employee works the current notice described in this subsection.

B. Each employer shall give written notification to each current employee and to each new employee at time of hire of his or her rights under this chapter. The notification shall be in all languages spoken by more than 10 percent of the employer’s employees and shall also be posted prominently in areas at the work site where it will be seen by all employees. The city is authorized to prepare sample notices and employer use of such notices shall constitute compliance with this subsection.

C. Each employer shall maintain for at least three years for each employee a record of his or her name, hours worked, and pay rate. Each employer shall provide each employee or his or her representative a copy of the records relating to such employee upon the employee’s or representative’s reasonable request. Where an employer does not maintain or retain adequate records documenting wages paid or does not allow reasonable access to such records, it shall be presumed in any judicial enforcement proceeding to enforce the provisions of this chapter that the employee’s account of how much he or she was paid is accurate, absent clear and convincing evidence otherwise.

D. Each employer shall provide each employee, upon hire and annually, a written notification setting forth the employer’s legal name, address, and telephone number, and the name and contact information for a person responsible for inquiries concerning compliance with this chapter. (Ord. 02-2019 § 1, 2019).

The provisions of this chapter shall not be construed as limiting any employee’s right to obtain relief to which he or she may be entitled at law or in equity. (Ord. 02-2019 § 1, 2019).

The purpose of this chapter is to ensure minimum labor standards. This chapter does not preempt or prevent the establishment of superior employment standards (including higher wages) or the expansion of coverage by ordinance, resolution, contract, or any other action of the city. This chapter shall not be construed to limit a discharged employee’s right to bring a common law cause of action for wrongful termination. (Ord. 02-2019 § 1, 2019).

Nothing in this chapter shall be interpreted or applied so as to create any power or duty in conflict with any federal or state law. (Ord. 02-2019 § 1, 2019).

The city manager or designee may promulgate regulations for the implementation and enforcement of this chapter. Any regulations promulgated by the city manager or designee shall have the force and effect of law and may be relied on by employers, employees, and other parties to determine their rights and responsibilities under this chapter. (Ord. 02-2019 § 1, 2019).