Laws and Legislation

Abstract:

Introduced to the SF Board of Supervisors in March 2006, but currently pending committee vote. Strengthens the City's Minimum Wage Ordinance to impose an annual fee upon employers to defray the City's costs of implementing and enforcing the Minimum Wage Ordinance to expand the powers and duties of the Office of Labor Standard Enforcement to implement and enforce the Minimum Wage Ordinance.

Author:
Publication Date: March 2006
Source: San Francisco, CA
Contact Info: Chinese Progressive Association

Full Text:

AMENDING THE SAN FRANCISCO
ADMINISTRATIVE CODE BY ADDING
CHAPTER 12R, ENCOMPASSING SECTIONS
12R.1 TO 12R.11 TO PROVIDE
THAT A PRESCRIBED MINIMUM WAGE
BE PAID TO ALL EMPLOYEES WORKING
IN SAN FRANCISCO.
Note: All sections are new.
Be it ordained by the People of the City and
County of San Francisco:
Section 1. Findings. In order to safeguard
the public welfare, health, safety and prosperity
of the City and County of San Francisco (the
“City”), it is essential that all persons working
in our community earn wages that ensure a decent
and healthy life for them and their families. An
estimated 50,000 working people in San
Francisco earn little more than California’s current
state minimum wage of $6.75 per hour—
not nearly enough for them to meet their families’
basic needs, particularly given the costs of
living and housing in the Bay Area, which rank
among the highest in California and the United
States. As a consequence, they must work long
hours and multiple jobs, causing hardship for
their families, preventing them from pursuing
further education, and limiting their participation
in the civic and cultural life of our community.
Since its adoption in 2000, San Francisco’s
Minimum Compensation Ordinance has helped
ensure decent pay for tens of thousands of
workers at businesses that receive service contracts
from the City or that benefit from the use
of certain City-owned property. We now build
on that success by adopting a broader
Minimum Wage Ordinance that will ensure that
all businesses in the City pay a decent minimum
wage of at least $8.50 per hour. By
enabling more workers to support and care for
their families through their own efforts and
with less need for financial assistance from the
government, the City can safeguard the general
welfare, health, safety and prosperity of all San
Franciscans.
When businesses do not pay a livable wage,
the surrounding community and the taxpayers
bear many of the associated costs in the form of
increased demand for taxpayer-funded services
including homeless shelters, soup kitchens, and
healthcare for the uninsured. Jobs paying a
decent wage will ensure a more stable workforce
for our City, increase consumer income,
decrease poverty and invigorate neighborhood
business. It is therefore in the interest of all
San Franciscans to ensure that employers benefiting
from the opportunity to do business in
our City pay their employees a more adequate
minimum wage. Public and private efforts to
implement this policy accordingly serve the
public interest and constitute a significant public
benefit.
Section 2. Amendment to Chapter 12 of the
Administrative Code. The San Francisco
Administrative Code is hereby amended by
adding Chapter 12R, encompassing Sections
12R.1 to 12R.11, to read as follows:
CHAPTER 12R
MINIMUM WAGE
Sec. 12R.1. Title
Sec. 12R.2. Authority
Sec. 12R.3. Definitions
Sec. 12R.4. Minimum Wage
Sec. 12R.5. Notice, Posting and Payroll
Records
Sec. 12R.6. Retaliation Prohibited
Sec. 12R.7. Implementation and
Enforcement
Sec. 12R.8. Waiver Through Collective
Bargaining
Sec. 12R.9. Relationship to Other
Requirements
Sec. 12R.10. Application of Minimum
Wage to Welfare-to-Work
Programs
Sec. 12R.11. Effective Date
Sec. 12R.12. Severability
Sec. 12R.13. Amendment by the Board
of Supervisors
SEC. 12R.1. TITLE.
This Chapter shall be known as the
"Minimum Wage Ordinance."
SEC. 12R.2. AUTHORITY.
This Chapter is adopted pursuant to the powers
vested in the City and County of San
Francisco (“the City”) 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.
SEC. 12R.3. DEFINITIONS.
As used in this Chapter, the following capitalized
terms shall have the following meanings:
“Agency” shall mean the Living Wage/
Living Health Division of the Office of
Contract Administration or such other City
department or agency as the City shall by resolution
designate.
“City” shall mean the City and County of
San Francisco.
“Employee” shall mean any person who:
(a) In a particular week performs at least two
(2) hours of work for an Employer within the
geographic boundaries of the City; and
(b) 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.
“Employer” shall mean any person, as
defined in Section 18 of the California Labor
Code, including corporate officers or executives,
who directly or indirectly or through an
agent any other person, 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.
“Minimum Wage” shall have the meaning
set forth in Section 4 of this Chapter.
“Small Business” shall mean an Employer
for which fewer than ten (10) persons perform
work for compensation during a given week. In
determining the number of persons performing
work for an Employer during a given week, all
persons performing work 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.
“Nonprofit Corporation” shall mean a nonprofit
corporation, duly organized, validly
existing and in good standing under the laws of
the jurisdiction of its incorporation and (if a
foreign corporation) in good standing under the
laws of the State of California, which corporation
has established and maintains valid nonprofit
status under Section 501(c)(3) of the
United States Internal Revenue Code of 1986,
as amended, and all rules and regulations promulgated
under such Section.
“Welfare-to-Work Program” shall mean the
City’s 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.
SEC. 12R.4. MINIMUM WAGE.
(a) Employers shall pay Employees no less
than the Minimum Wage for each hour worked
within the geographic boundaries of the City.
(b) Beginning on the effective date of this
Chapter, the Minimum Wage shall be an hourly
rate of $8.50. To prevent inflation from eroding
its value, beginning on January 1, 2005, 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.
(c) The Minimum Wage for Employers that are
Small Businesses or Nonprofit Cor-porations
shall phase in over a two year period in order to
afford such Employers time to adjust. For such
Employers, the effective date of this Chapter
shall be January 1, 2005. For a transition period
beginning January 1, 2005 and ending
December 31, 2005, the Minimum Wage for
Employees of such Employers shall be an
Chapter 12R Minimum Wage
(Continued on next page)
170 38-CP170-364291-NE à38-CP170-364291-NEJä
hourly rate of $7.75. Beginning January 1,
2006, the Minimum Wage for Employees of
such Employers shall be the regular Minimum
Wage established pursuant to Section 4(b) of
this Chapter.
SEC. 12R.5. NOTICE, POSTING AND
PAYROLL RECORDS.
(a) By December 1 of each year, the
Agency shall publish and make available to
Employers a bulletin announcing the adjusted
Minimum Wage rate for the upcoming year,
which shall take effect on January 1. In conjunction
with this bulletin, the Agency shall by
December 1 of each year publish and make
available to Employers, in all languages spoken
by more than five percent of the San Francisco
work force, 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 Agency informing Employees of
the current Minimum Wage rate and of their
rights under this Chapter. Every Employer
shall post such notices in English, Spanish,
Chinese and any other language spoken by at
least five percent of the Employees at the workplace
or job site. Every Employer shall also
provide each Employee at the time of hire the
Employer's name, address and telephone number
in writing.
(c) Employers shall retain payroll records
pertaining to Employees for a period of four
years, and shall allow the Agency 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 Agency reasonable access to
such records, it shall be presumed that the
Employer paid no more than the applicable federal
or state minimum wage, absent clear and
convincing evidence otherwise.
SEC. 12R.6. RETALIATION PROHIBITED.
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 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.
Taking adverse action against a person within
ninety (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.
SEC. 12R.7. IMPLEMENTATION AND
ENFORCEMENT.
(a) Implementation. The Agency shall be
authorized to coordinate implementation and
enforcement of this Chapter and may promulgate
appropriate guidelines or rules for such
purposes. Any guidelines or rules promulgated
by the Agency 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.
Any guidelines or rules may establish procedures
for ensuring fair, efficient and cost-effective
implementation of this Chapter, including
supplementary procedures for helping to
inform Employees of their rights under this
Chapter, for monitoring Employer compliance
with this Chapter, and for providing administrative
hearings to determine whether an
Employer or other person has violated the
requirements of this Chapter.
(b) Administrative Enforcement. The
Agency is authorized to take appropriate steps
to enforce this Chapter. The Agency may
investigate any possible violations of this
Chapter by an Employer or other person.
Where the Agency has reason to believe that a
violation has occurred, it may order any appropriate
temporary or interim relief to mitigate
the violation or maintain the status quo pending
completion of a full investigation or hearing.
Where the Agency, after a hearing that affords
a suspected violator due process, determines
that a violation has occurred, it may order any
appropriate relief including, but not limited to,
reinstatement, the payment of any back wages
unlawfully withheld, and the payment of an
additional sum as an administrative penalty in
the amount of $50 to each Employee or person
whose rights under this Chapter were violated
for each day or portion thereof that the violation
occurred or continued. Where prompt
compliance is not forthcoming, the Agency
may take any appropriate enforcement action to
secure compliance, including initiating a civil
action pursuant to Section 7(c) of this Chapter
and/or, except where prohibited by state or federal
law, requesting that City agencies or
departments revoke or suspend any registration
certificates, permits or licenses held or requested
by the Employer or person until such time as
the violation is remedied. In order to compensate
the City for the costs of investigating and
remedying the violation, the Agency may also
order the violating Employer or person to pay
to the City a sum of not more than $50 for each
day or portion thereof and for each Employee
or person as to whom the violation occurred or
continued. Such funds shall be allocated to the
Agency and shall be used to offset the costs of
implementing and enforcing this Chapter. The
amounts of all sums and payments authorized
or required under this Chapter shall be updated
annually for inflation, beginning January 1,
2005, using the inflation rate and procedures
set forth in Section 4(b) of this Chapter. An
Employee or other person may report to the
Agency in writing any suspected violation of
this Chapter. The Agency 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 Agency may disclose his or her name and
identifying information as necessary to enforce
this Chapter or for other appropriate purposes.
(c) Civil Enforcement. The Agency, the
City Attorney, any person aggrieved by a violation
of this Chapter, any entity a member of
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 entitled
to such legal or equitable relief as may be
appropriate to remedy the violation including,
without limitation, the payment of any back
wages unlawfully withheld, the payment of an
additional sum as liquidated damages in the
amount of $50 to each Employee or person
whose rights under this Chapter were violated
for each day or portion thereof that the violation
occurred or continued, reinstatement in
employment and/or injunctive relief, and shall
be awarded reasonable attorneys’ fees and
costs. 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,
and reasonable attorneys’ fees and costs.
SEC. 12R.8. WAIVER THROUGH COLLECTIVE
BARGAINING.
All or any portion of the applicable requirements
of this Chapter shall not apply to
Employees covered by a bona fide collective
bargaining agreement to the extent that such
requirements are expressly waived in the collective
bargaining agreement in clear and
unambiguous terms.
SEC. 12R.9. RELATIONSHIP TO OTHER
REQUIREMENTS.
This Chapter provides for payment of a 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 including, but
Chapter 12R Minimum Wage (CONTINUED)
(Continued on next page)
38-CP171-364291-NE à38-CP171-364291-NERä 171
Chapter 12R Minimum Wage (CONTINUED)
not limited to, the San Francisco Minimum
Compensation Ordinance.
SEC. 12R.10. APPLICATION OF MINIMUM
WAGE TO WELFARE-TO-WORK
PROGRAMS.
The Minimum Wage established pursuant to
Section 4(b) of this Chapter shall apply to the
City’s 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. Where state or federal
law would preclude the City from reducing the
number of work hours required under a given
Welfare-to-Work Program, the City may comply
with this Section by increasing the cash
benefits awarded so that their value is no less
than the product of the Minimum Wage multiplied
by the number of work hours required.
SEC. 12R.11. EFFECTIVE DATE.
This Chapter shall become effective ninety
(90) days after it is adopted. This Chapter is
intended to have prospective effect only.
SEC. 12R.12. SEVERABILITY.
If any part or provision of this Chapter, or the
application of this Chapter to any person or circumstance,
is held invalid, the remainder of this
Chapter, 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 Chapter are severable.
SEC. 12R.13. AMENDMENT BY THE
BOARD OF SUPERVISORS.
This Chapter may be amended by the Board
of Supervisors as regards the implementation
or enforcement thereof, but not as regards the
substantive requirements of the Chapter or its
scope of coverage.

URL: http://modelpolicies.thepraxisproject.org/files/model_policies/p29.pdf

Notes:

Related Names: Chinese Progressive Association

Contact Info: Chinese Progressive Association