Ordinance 3226CITY OF ALAMEDA ORDINANCE NO. 3226
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING ARTICLE 4-60
(MINIMUM WAGE) TO CHAPTER IX (REGULATIONS CONCERNING TRADE
AND COMMERCE) CONCERNING A CITYWIDE MINIMUM WAGE TO RAISE
ALAMEDA'S MINIMUM WAGE TO $15.00 PER HOUR BY 2020
The City Council of the City of Alameda does ordain as follows:
Section 1. Article 4-60 is hereby added to Article IX of the Alameda Municipal
Code to read as follows:
Article 4-60 MINIMUM WAGE
4-60.10 Title, Purpose and Findings.
A. This ordinance shall be known as the "Minimum Wage Ordinance."
B. The purpose of this ordinance is to protect the public health, safety and welfare.
It does this by requiring that employees are compensated by their employers in
such a manner as to enable and facilitate their individual self-reliance within the
City of Alameda.
C. The Bay Area in general and the City of Alameda in particular are becoming
increasingly expensive places to live and to work.
D. Employers paying a minimum wage, as provided in this ordinance, advance the
interests of the City as a whole by creating jobs that keep workers and their
families out of poverty.
E. A minimum wage, as provided in this ordinance, will help enable workers to
meet basic needs and avoid economic hardships.
F. This ordinance is intended to improve the quality of services provided in the City
to the public by reducing high turnover, absenteeism and instability in the
workplace.
G. The City's prompt and efficient enforcement of this ordinance will provide
workers with economic security and assurances that their rights will be
respected.
4-60.20 Authority.
This Chapter is adopted pursuant to the powers vested in the City of Alameda under the
laws and Constitution of the State of California 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 Code.
4-60.30 Definitions.
The following terms shall have the following meanings:
A. 11 Cityu shall mean the City of Alameda.
B. uDepartmentu shall mean the Community Development Department or other City
department or agency as the City Manager may designate.
C. 11 Employeeu shall mean any person who:
1. In a calendar week performs at least two hours of work for an Employer within
the geographic boundaries of the City; 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 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.
D. 11 Employeru shall mean any person receiving or holding a business license under
Chapter V of the Alameda Municipal Code, or any person, including corporate officers
or executives, 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, staffing agency, subcontractor or similar entity, employs or
exercises control over the wages, hours or working conditions of any Employee.
E. "Increase in the Cost of Living" shall mean the percentage increase, if any, in the
Bay Area Consumer Price Index (Urban Wage Earners and Clerical Workers, San
Francisco-Oakland-San Jose for All Items) or its successor index as published by the
U.S. Department of Labor or its successor agency (CPI); such increase to be calculated
by using the February to February percentage increase in the CPl.
F. 11 Minimum Wageu shall have the meaning set forth in Section 4-60.40 of this
Chapter.
H. 11Welfare-to-Work Programu shall mean the Alameda County CaiWORKS
Program, the General Assistance Program, and any successor programs that are
substantially similar to them.
4-60.40 Minimum Wage.
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.
B. Beginning July 1, 2019, the Minimum Wage shall be an hourly rate of $13.50. On
July 1, 2020, the Minimum Wage shall increase to an hourly rate of $15.00. Beginning
July 1, 2022, and on July 1 of every year thereafter, the Minimum Wage then in effect
shall be adjusted by the Increase in the Cost of Living but in no event shall the increase
be greater than 5%. (For example, if the February 2021 to February 2022 Increase in
the Cost of Living were 5%, then the Minimum Wage as of July 1, 2022 would be $15.75
[$15 x 1.05 = $15.75].) A decrease in the Cost of Living shall not result in a decrease
in the Minimum Wage.
C. An Employer shall not deduct an amount from the Minimum Wage due an
Employee on account of any tip or gratuity, or credit the amount or any part thereof of a
tip or gratuity against, or as part of, the Minimum Wage the Employee is due from the
Employer.
D. No Employer shall fund increases in compensation required by this Article, nor
otherwise respond to the requirements of this Article, by reducing the Minimum Wage
paid to any Employee, nor by increasing charges to them for parking, meals, uniforms
or other items, nor by reducing other non-wage benefits of any such Employee, nor by
increasing the share any Employee pays towards his/her benefits.
E. A violation for unlawfully failing to pay the Minimum Wage shall be deemed to
continue from the date immediately following the date the Minimum Wage was due and
payable as provided in Part I (commencing with Section 200) of Division 2 of the
California Labor Code, to the date immediately preceding the date the Minimum Wage
is paid in full.
F. Notwithstanding subsection B of this section 4-60.40, on or before June 1, 2020,
to ensure that economic conditions can support a minimum wage increase, if the
Governor of the State of California makes a determination to temporarily suspend the
scheduled minimum wage increase that will increase the State wide minimum wage to
$15.00, the City will also temporarily suspend the scheduled minimum wage increase
for July 1 , 2020 for one year.
4-60.45 Effectiveness of Ordinance if State Minimum Wage Becomes Greater
than City's.
All requirements and provisions of this Article shall be preempted and ineffective, except
the Cost of Living provision, if the State minimum wage is or becomes greater than the
Minimum Wage established by this Article; provided, however, if the State minimum
wage is or becomes greater than the Minimum Wage established by this Article, such
minimum wage shall be adjusted one year thereafter by the Increase in the Cost of
Living, and every year thereafter, but in no event shall the increase be greater than 5%.
4-60.50 Notice, Posting and Payroll Records.
A. The Department shall publish and make available to Employers a bulletin
announcing the Minimum Wage rate. In conjunction with this bulletin, the Department
shall by May 1 of each year publish and make available to Employers, in the top five
languages spoken by residents of the City as determined by the City Manager after
reviewing the most recent United States Census Data, a notice suitable for posting by
Employers in the workplace informing Employees of the current Minimum Wage rate
and of their rights under this Article.
B. Every Employer shall post in a conspicuous place at any workplace or job site in
the City 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
Article. Failure to post such notice shall render the Employer subject to enforcement
action under Articles 1.5 and 1.7 of Chapter 1 of this Code.
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 reasonable notice and
at a mutually agreeable time, to monitor compliance with the requirements of this Article.
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. Failure to maintain such records or to allow
the City reasonable access shall render the Employer subject to enforcement action
under Articles 1 .5 and 1 . 7 of Chapter 1 of this Code.
D. If a violation of this Article has been finally determined, the City shall require the
Employer to post public notice of the Employer's failure to comply in a form determined
by the City. Failure to post such notice shall render the Employer subject to separate
enforcement action under Articles 1.5 and 1.7 of Chapter 1 of this Code.
4-60.55 Retaliation Prohibited.
It shall be unlawful for an Employer or any other party to discriminate in any manner or
take any adverse action (including action relating to any term, condition or privilege of
employment) against any person in retaliation for exercising rights protected under this
Article. Rights protected under this Article include, but are not limited to: the right to file
a complaint or inform any person about any party's alleged noncompliance with this
Article; and the right to inform any person of his or her potential rights under this Article
or otherwise educate any person about this Article or to assist him or her in asserting
such rights. Protections of this Article shall apply to any person who mistakenly, but in
good faith, alleges noncompliance with this Article. Taking adverse action against a
person within 90 days of the person's exercise of rights protected under this Article shall
raise a rebuttable presumption of having done so in retaliation for the exercise of such
rights. Failure to comply with this provision shall render the Employer subject to
enforcement action under Articles 1.5 and 1. 7 of Chapter1 of this Code.
4-60.60 Implementation.
A. Administrative Procedures. The Department is authorized to coordinate
implementation and enforcement of this Article and may promulgate appropriate
administrative procedures implementing regulations for such purposes. Any
administrative procedures and implementing regulations promulgated by the
Department 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
Article. Any administrative procedures and implementing regulations may establish
procedures for ensuring fair, efficient and cost-effective implementation of this Article,
including supplementary procedures for helping to inform Employees of their rights
under this Article, for monitoring Employer compliance with this Article, and for providing
administrative hearings to determine whether an Employer or other person has violated
the requirements of this Article.
B. Reporting Violations. An Employee or any other person may report to the
Department in writing any suspected violation of this Article. 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
with the authorization of such person, the Department may disclose his or her name and
identifying information as necessary to enforce this Article 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 shall
require the Employer to post or otherwise notify its Employees that the Department is
conducting an investigation, using a form provided by the Department. Failure to post
such notice shall render the Employer subject to enforcement action under Articles 1.5
and 1. 7 of Chapter 1 of this Code.
C. Investigation. The Department shall be responsible for investigating any possible
violations of this Article 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
Article.
D. Informal Resolution. The Department shall make every effort to resolve
complaints informally, in a timely manner.
4-60.65 Enforcement.
A. Where prompt compliance is not forthcoming, the City shall take any appropriate
enforcement action to secure compliance as provided in Articles 1 .5 and 1. 7 of
Chapter 1 of this Code.
B. Any person aggrieved by a violation of this Article, any entity a member of which
is aggrieved by a violation of this Article, 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 an Employer or other person violating this
Article and, upon prevailing, shall be awarded reasonable attorney's fees and costs
and shall be entitled to such legal or equitable relief as may be appropriate to remedy
the violation including, without limitation, the payment of back wages unlawfully
withheld, the payment of an additional sum as a civil penalty in the amount of $50 to
each Employee or person whose rights under this Article 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 Article
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 attorney's fees and costs.
C. The remedies for violation of this Article include but are not limited to:
1 . Reinstatement, 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 Article 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 City1S administrative costs of enforcement and
attorneyls fees and costs.
4. If a repeated violation of this Article has been finally determined, the City may
require the Employer to pay an additional sum as a civil penalty in the amount of $50.00
to the City for each Employee or person whose rights under this Article 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.
D. The remedies, penalties and procedures provided under this Article are
cumulative and are not intended ~o be exclusive of any other available remedies,
penalties and procedures established by law which may be pursued to address
violations of this Article. Actions taken pursuant to this Article shall not prejudice or
adversely affect any other action, civil or criminal, that may be brought to abate a
violation or to seek compensation for damages suffered.
4-60.70 Relationship to Other Requirements.
This Article 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.
4-60.75 Application of Minimum Wage to Welfare-To-Work Programs.
The Minimum Wage established under this Article 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 within the City of Alameda 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.
4-60.80 Cost Recovery Fee.
Nothing herein shall preclude the City Council from imposing a cost recovery fee on all
Employers to pay the cost of administering this Article.
Section 2. CEQA.
Adoption of this Ordinance is categorically exempt from CEQA Guidelines section 15324
of the CEQA Guidelines (actions taken by regulatory agencies to regulate employee
wages).
Section 3. Severability.
If any part or provision of this ordinance, or the application of this ordinance to any
person or circumstance, is held invalid, the remainder of this ordinance, including the
application of such part or provisions to other persons or circumstances, shall not be
affected by such a holding and shall continue in full force and effect. To this end, the
provisions of this ordinance are severable.
Section 4. Effective Date.
This Ordinance shall be in full force and effect from and after the expiration of thirty days
from the date of its final passage.
Section 5. Enforcement Date.
This Ordinance shall not be enforced until July 1, 2019.
0~rrt~~
Presiding Officer of the C1ty Council
Attest:
/
*****
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 16th day of October, 2018, by the following vote:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, and Vella
-4.
NOES: Mayor Spencer - 1 .
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 17th day of October 2018.
APPROVED AS TO FORM:
Lara Weisiger, City, lerk
City of Alameda