O2509City Council Meeting: January 26, 2016
ORDINANCE NUMBER 2— 07
(City Council Series)
Santa Monica, California
(CCS)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING CHAPTER 4.62 TO THE.SANTA MONICA MUNICIPAL
CODE REQUIRING A MINIMUM WAGE FOR EMPLOYEES, AND ADDING
CHAPTER 4.63 TO THE SANTA MONICA MUNICIPAL CODE
REQUIRING A LIVING WAGE FOR HOTEL WORKERS
WHEREAS, income inequality is a growing problem throughout the United States
and within the greater Los Angeles area; and
WHEREAS, the State minimum wages paid to workers living and working within
the greater Los Angeles region, including the City of Santa Monica, are inadequate to
meet basic needs and sustain working families; and
WHEREAS, on October 6, 2014, in recognition of these public concerns within the
hospitality industry, and to promote the general health, safety, and welfare by ensuring
that hotel workers receive an adequate living wage, the City of Los Angeles adopted an
ordinance establishing a higher minimum wage for its hotel workers; and
WHEREAS, on June 10, 2015, in recognition of these public concerns, and to
promote the general health, safety, and welfare by ensuring that workers receive an
adequate living wage, the City of Los Angeles adopted an ordinance establishing a higher
minimum wage for its local workforce; and
WHEREAS, regional coordination in minimum wage policies promotes fairness
and equitable regional development; and
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WHEREAS, the City seeks to improve the welfare of the City's workers, particularly
those in low-wage positions, by supporting fair employment practices and ensuring that
workers receive decent compensation for the work they perform and services provided,
and ensuring that workers are able to take time off work to care for themselves or family
members; and
WHEREAS, requiring a higher than State -mandated minimum wage furthers the
City's Strategic Goal for Maintaining an Inclusive and Diverse Community; and
WHEREAS, given that tourism is one of the largest industries in the City and in the
entire region, requiring a more uniform living wage for hotel workers will promote equity
and benefit the local and regional economy; and
WHEREAS, increasing the minimum wage for workers in the City promotes the
public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Chapter 4.62 is hereby added to read
as follows:
Chapter 4.62 MINIMUM WAGE
4.62.010 Definitions.
As used in this Chapter:
(a) "City" means the City of Santa Monica.
(b) "Clear and Conspicuous" means in larger type than the surrounding text, or in
contrasting type, font, or color to the surrounding text of the same size, or set off from the
K
surrounding text of the same size by symbols or other marks, in a manner that is clearly
visible in context and clearly calls attention to the language.
(c) "Employee" means any person who in a particular week performs at least two hours
of work within the geographic boundaries of the City for an Employer; and qualifies as an
employee entitled to payment of a minimum wage from any Employer under the California
Labor Code and wage orders published by the California Industrial Welfare Commission.
(d) "Employer" means any person, including a corporate officer or executive, association,
organization, partnership, business trust, and limited liability company or corporation, who
directly or indirectly, or through an agent or any other person, including through the
services of a temporary service or staffing agency or similar entity, employs or exercises
control over the wages, hours or working conditions of any Employee.
(e) "Hardest to Employ" means persons who have been out of the workforce for an
extended period of time and who face considerable barriers when trying to re-enter the
mainstream workforce.
(f) "Nonprofit Corporation" means any organization that is 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 has
established and maintains valid nonprofit status under section 501(c)(3) of the Internal
Revenue Code, as amended, and all rules and regulations promulgated thereunder.
(g) "Service Charge" means any separately -designated amount charged and collected by
an Employer from customers, that is for service by Employees, or is described in such a
way that customers might reasonably believe that the amount is for those services or is
otherwise to be paid or payable directly to Employees, including those charges
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designated on receipts, invoices, or billing statements under the term "service charge,"
"table charge," "porterage charge," "automatic gratuity charge," or similar language.
Service Charge does not include a tip or gratuity as defined under State or federal law.
(h) "Supportive Services" includes, but is not limited to, counseling services, individual
case management, pre-employment job readiness training, daily monitoring of
participants while on the job, provision of unsubsidized competitive employment
opportunities, and assistance in applying for, obtaining, and maintaining unsubsidized
competitive employment.
(i) "Surcharge" means any separately -designated amount other than a Service Charge
that is charged and collected by an Employer from customers, and is intended for
business operational charges or administrative fees, health care for Employees or other
Employee benefits, or is described in such a way that customers might reasonably believe
that the amount will be used to cover a business operational charge or administrative fee
or to provide health care or other benefits, including those charges designated on
receipts, invoices, or billing statements under the term "health surcharge," "health
benefits," "benefits", "facility rental", or similar language.
(j) "Transitional Employer" means a Nonprofit Corporation that provides Transitional Jobs
for the long-term unemployed, and that has been certified by the City as a Transitional
Employer.
(k) "Transitional Job" means short-term, wage -paying, subsidized employment in a
Nonprofit Corporation that combines actual work, skill development, and Supportive
Services to help participants overcome barriers to employment and transition to
unsubsidized competitive employment.
4.62.015 minimum wage payment requirements.
(a) An Employer shall pay an Employee a wage of no less than the hourly rates set under
this section.
(b) Employers with 26 or more Employees shall pay no less than the following hourly
wages:
(1) On July 1, 2016, the hourly wage shall be $10.50;
(2) On July 1, 2017, the hourly wage shall be $12.00;
(3) On July 1, 2018, the hourly wage shall be $13.25;
(4) On July 1, 2019, the hourly wage shall be $14.25; and
(5) On July 1, 2020, the hourly wage shall be $15.00.
(c) Employers with 25 or fewer Employees shall pay no less than the following hourly
wages:
(1) On July 1, 2017, the hourly wage shall be $10.50;
(2) On July 1, 2018, the hourly wage shall be $12.00;
(3) On July 1, 2019, the hourly wage shall be $13.25;
(4) On July 1, 2020, the hourly wage shall be $14.25; and
(5) On July 1, 2021, the hourly wage shall be $15.00.
(d) On July 1, 2022, and annually thereafter, the minimum wage will increase based on
the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W) for the
Los Angeles metropolitan area (Los Angeles -Riverside -Orange County, California), which
is published by the Bureau of Labor Statistics. The City shall announce the adjusted rates
annually each January 1st and publish a bulletin announcing the adjusted rates, which
shall take effect on July 1 st of each year.
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(e) Employees who are learners, as defined in Labor Code section 1192 and consistent
with wage orders published by the California Industrial Welfare Commission, shall be paid
not less than 85% of the minimum wage rounded to the nearest nickel during their first
480 hours or six months of employment, whichever is sooner, after which learners shall
be paid the applicable minimum wage pursuant to this section.
(f) Every Employer shall post in a conspicuous place at any workplace or job site where
any Employee works, the bulletin published each year by the City informing Employees
of the current minimum wage rate and of their rights under this Chapter. Every Employer
shall post notices in English, Spanish, and any other language spoken by at least five
percent of the Employees. Every Employer shall also provide to each Employee at the
time of hire, the Employer's name, address, and telephone number in writing.
(g) Every Employer shall retain payroll records pertaining to Employees for no less than
three years.
(h) For purposes of this section:
(1) Multiple Employers that form a single integrated enterprise shall be considered a
single Employer under this section if so deemed under the Fair Labor Standards Act; and
(2) The number of Employees shall be determined by the average number of Employees
employed per quarter during the previous calendar year.
4.62.020 Deferral application for certain Nonprofit Corporation Employers.
The City shall establish a procedure to allow a Nonprofit Corporation Employer with 26 or
more Employees to qualify for the deferral rate schedule set forth in section 4.62.015,
subdivision (c). A Nonprofit Corporation Employer seeking the deferral must establish
evidence that:
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(a) The chief executive officer earns a salary that, when calculated on an hourly basis, is
less than five times the lowest wage paid by the Nonprofit Corporation; or
(b) The Nonprofit Corporation is a Transitional Employer; or
(c) The Nonprofit Corporation serves as a child care provider; or
(d) The Nonprofit Corporation is funded primarily by City, county, state or federal grants
or reimbursements.
4.62.025 Paid sick leave.
(a) For Employees working for an Employer on or before the operative date of this
Chapter, paid sick leave shall begin to accrue as of the operative date of this Chapter.
For Employees hired by an Employer after the operative date of this Chapter, paid sick
leave shall begin to accrue 90 days after the commencement of employment with the
Employer.
(b) An Employee shall accrue one hour of paid sick leave for every 30 hours worked.
Such paid sick leave shall accrue only in hour -unit increments; there shall be no accrual
of a fraction of an hour of such time off.
(1) For Employers with 26 or more Employees, the Employer shall provide at least 72
hours of accrued paid sick leave. Unused accrued paid sick leave will carry over until the
paid sick leave reaches a maximum of 72 hours, unless the Employer's established policy
is more generous.
(2) For Employers with 25 or fewer Employees, the Employer shall provide at least 40
hours of accrued paid sick leave. Unused accrued paid sick leave will carry over until the
paid sick leave reaches a maximum of 40 hours, unless the Employer's established policy
is more generous.
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(c) An Employee may use paid sick leave consistent with State sick leave laws.
(d) An Employee is eligible to use accrued paid sick leave after the first 90 days of
employment or consistent with the Employer's policies, whichever is sooner.
(e) An Employer is not required to provide financial or other reimbursement to an
Employee upon the Employee's termination, resignation, retirement, or other separation
from employment, for unused accrued paid sick leave.
(f) An Employer may not require, as a condition of an Employee's taking paid sick leave,
that the Employee search for or find a replacement worker to cover the hours during which
the Employee is off.
(g) An Employer may require Employees to give reasonable notification of an absence
from work for which paid sick leave is or will be used.
(h) The provisions of this section provide minimum requirements pertaining to paid sick
leave and shall not be construed to preempt, limit, or otherwise affect the applicability of
any other law, regulation, policy, or standard that provides for separate or greater accrual
or use by Employees of sick leave, whether compensated or uncompensated, or that
extends other protections to Employees. This section shall not be construed to prevent
an Employer from adopting or retaining leave policies that are more generous than
policies that comply with this section.
4.62.030 Exemptions.
(a) The requirements of this Chapter shall not apply to Employers that are government
agencies, including federal agencies, state agencies, cities, counties, school districts, and
all other public entities.
(b) The requirements of this Chapter shall not apply to Hotel Employers or Hotel Workers,
except as otherwise provided in Chapter 4.63 of this Code.
4.62.035 Limited exemption for Transitional Employers.
(a) Transitional Employers that provide Supportive Services and Transitional Jobs for the
Hardest to Employ may pay each Employee in a Transitional Job an hourly wage that is
below the minimum wage set forth under this Chapter during the first 18 months of the
Employee's work in the Transitional Job.
(b) The City shall establish a procedure to determine whether an Employer may be
certified as a Transitional Employer, including but not limited to consideration of the
following criteria:
(1) The Employer's nonprofit corporate status;
(2) The profile of program participants (e.g., homeless individuals, individuals with
addictions, at -risk youth);
(3) The components of the Employer's Transitional Job program, including Supportive
Services, designed to help program participants transition towards unsubsidized
competitive employment; and
(4) Any other criteria as may be developed in the administrative regulations adopted
consistent with this Chapter.
4.62.040 Service Charges and Surcharges.
(a) Service Charges. An Employer shall distribute all Service Charges in their entirety to
the Employee(s) who performed services for the customers from whom the Service
Charges are collected. No part of these amounts may be paid to Employees whose
primary role is supervisory or managerial. No Employer or agent thereof shall deduct any
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amount from wages due an Employee on account of a Service Charge, or require an
Employee to credit the amount of a Service Charge, in whole or in part, against and as a
part of the wages due the Employee.
(1) Amounts collected as Service Charges shall be paid to Employee(s) equitably and
according to the services that are or appear to be related to the description of the amounts
given by the Employer to the customers. Employees whose roles are primarily non-
managerial or non -supervisory, and who directly or indirectly contributed to the chain of
services performed for the customers from whom the Service Charge is collected, may
share in the distribution of the Service Charge amounts.
(2) Notwithstanding the foregoing:
(A) Amounts collected for banquets or catered meetings shall be paid to the Employees
who actually wait on guests at the banquet or catered meeting;
(B) Amounts collected for room service shall be paid to the Employees who actually
deliver food and beverage associated with the charge; and
(C) Amounts collected for porterage service shall be paid to the Employees who actually
carry the baggage associated with the charge;
Provided, however, that Employers that had, prior to the effective date of this Chapter, an
existing practice of pooling and distributing the amounts specified in this subdivision to
non-management/non-supervisory Employees other than the above -listed Employees in
subdivisions (A) through (C) may continue such practice to the same extent.
(b) Surcharges. Nothing in this section prohibits an Employer from imposing other
Surcharges in addition to or instead of a Service Charge. An Employer that assesses any
Surcharge shall provide a title or description of the Surcharge in such a way that
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customers might easily and reasonably deduce what the Surcharge is for, and that such
amounts do not represent a Service Charge, gratuity or tip for Employees.
(1) Benefits Surcharges. An Employer shall use any benefits Surcharges, including
health care Surcharges, in their entirety toward benefits coverage for its Employees. No
Employer or agent thereof shall deduct any amount from wages due an Employee on
account of a benefits Surcharge, or require an Employee to credit the amount of a
benefits Surcharge, in whole or in part, against and as a part of the wages due the
Employee. If the amount collected from the Surcharge is greater than the amount spent
on covered Employees' benefits, the Employer must irrevocably spend or irrevocably
designate the excess Surcharges on benefits for these Employees.
(c) All Service Charges and Surcharges must be disclosed to consumers with Clear and
Conspicuous notice prior to the time that the customer makes a purchase or selection.
(d) If an Employer characterizes and separately designates a Service Charge or
Surcharge as optional, the designation must be written in a manner that requires the
customer to affirmatively add the optional payments. The Employer shall not automatically
add such optional payment amounts to a customer receipt, invoice, or billing statement in
a manner that requires the customer to affirmatively opt out of paying such amounts.
(e) The Employer shall disclose in writing to each Employee its plan of distribution of
Service Charges and Surcharges and shall report to Employees on each payroll date on
the amount of Service Charges collected and amounts distributed to Employees for the
pay period in question.
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(f) The amounts shall be paid to the Employees no later than the next payroll following
collection of the amounts from customers, except that any amounts collected in cash shall
be paid to Employees at the close of business on the day the amounts are collected.
(g) An Employer that permits customers to pay Service Charges or Surcharges by credit
card shall pay the Employees the full amount of the Service Charge or applicable
Surcharge that the customer indicated on the credit card slip, without any deductions for
any credit card payment processing fees or costs that may be charged to the Employer
by the credit card company.
(h) The Employer shall keep records showing compliance with the provisions of this
section for no less than three years from the date of collection of Service Charge and
Surcharge amounts from the customer.
(i) This section does not apply to any tip, gratuity, money, or part of any tip, gratuity, or
money that has been paid or given to or left for an Employee by customers over and
above the actual amount due for services rendered or for goods, food, drink, or articles
sold or served to customers.
4.62.045 Supercession by collective bargaining agreement.
The provisions of this Chapter, or any part thereof, may be waived in a bona fide collective
bargaining agreement, but only if the waiver is explicitly set forth in such 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.
4.62.050 No waiver of rights.
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Except for bona fide collective bargaining agreements, any waiver by an Employee of any
provisions of this Chapter shall be deemed contrary to public policy and shall be void and
unenforceable.
4.62.060 Unlawful practices.
(a) It shall be unlawful for an Employer to reduce the hours or benefits of, refuse to hire,
discharge, displace or otherwise discriminate or take adverse action against any
Employee or other individual in order to pay wages less than the minimums established
under this Chapter.
(b) It shall be unlawful for an Employer to fund the wages and benefits required under this
Chapter by reducing the pension, vacation, or other non -wage benefits of any Employee,
or by increasing charges to Employees for parking, uniforms, meals, or other work-related
materials or equipment.
4.62.070 Retaliatory action prohibited.
(a) It shall be unlawful for an Employer to reduce the hours, wages or benefits of; demote;
suspend; discharge; or otherwise discriminate or take adverse action against any person
for exercising rights protected under this Chapter. Such rights include but are not limited
to opposing any practice proscribed by this Chapter, participating in proceedings related
to this Chapter, seeking to enforce the person's rights under this Chapter by any lawful
means, or otherwise asserting rights under this Chapter.
(b) Taking adverse action against a person within 180 days of the person's exercising
rights protected under this Chapter shall raise a rebuttable presumption that the adverse
action was taken in retaliation for the exercise of such rights.
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4.62.080 Reports.
Every year after July 1, 2016, the City shall collect economic data, including jobs,
business license, and sales tax, and shall make this information available to the City
Council and to the public.
4.62.090 Administrative regulations.
The Finance Director is authorized to adopt administrative regulations that are consistent
with the provisions of this Chapter. Violations of the administrative regulations adopted
pursuant to this section shall constitute violations of this Chapter, and shall subject the
violator to the penalties set forth in this Chapter.
4.62.100 Law enforcement remedies and penalties.
(a) Unless otherwise specifically provided, any person violating any provision of this
Chapter shall be guilty of a misdemeanor, which shall be punishable by a fine not
exceeding $500 but not less than $150 per violation, or imprisonment in the County Jail
for a period not exceeding six months, or by both fine and imprisonment, or shall be guilty
of an infraction, which shall be punishable by a fine not exceeding $250 but not less than
$100 per violation. Each such person shall be guilty of a separate offense for each and
every day during any portion of which any violation of any provision of this Chapter is
committed, continued, or permitted by such person and shall be punishable accordingly.
(b) Any person violating any provision of this Chapter or any rule or regulation may be
subject to administrative citation pursuant to Chapter 1.49 of this Code.
(c) Any person convicted of violating any provision of this Chapter or the terms and
conditions of any permit or approval issued pursuant to this Chapter shall be required to
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reimburse the law enforcement agency that investigated the violation its full investigative
costs.
(d) Violation of any provision of this Chapter, with the exception of sections 4.62.060 and
4.62.070, shall be considered a strict liability offense; accordingly, the prosecution shall
not be required to prove criminal intent or that the violator meant to violate any provision
of this Chapter.
(e) Prosecution for any violation of this Chapter, including the issuance of any
administrative citation or order, shall be commenced within three years after discovery of
the commission of the offense by law enforcement authorities or by the victims of the
offense.
4.62.110 Civil remedies.
(a) Any applicant or Employee aggrieved by a violation of this Chapter or any other person
or entity acting on behalf of the public, may file a civil action in a court of competent
jurisdiction against the person violating this Chapter.
(b) Upon prevailing, any aggrieved applicant or Employee shall be entitled to legal or
equitable relief, including, without limitation, the payment of any back wages unlawfully
withheld, the payment of any sick leave unlawfully withheld, the payment of penalties in
the amount of $100 to each person whose rights under this Chapter were violated for
each day that the violation occurred or continued, reinstatement in employment, and/or
injunctive relief, and shall be awarded reasonable attorneys' fees and costs. For willful
violations, the amount of monies and penalties to be paid under this subdivision shall be
trebled.
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(c) Any person or entity enforcing this Chapter on behalf of the public, upon prevailing,
shall be entitled only to equitable, injunctive or restitutionary relief, and reasonable
attorneys' fees and costs. The right to recover reasonable attorneys' fees and costs does
not apply to any proceeding initiated by a governmental entity.
(d) The remedies set forth in this Chapter are cumulative. Nothing in this Chapter shall be
interpreted as restricting, precluding, or otherwise limiting a separate or concurrent
criminal prosecution under this Code or State law.
4.62.120 Higher minimum wage under State or federal law; conflicts; relief.
(a) If at any time the State or federal minimum wage is scheduled to exceed the minimum
wage required under this Chapter, employers shall pay the higher minimum wage.
(b) Nothing in this Chapter shall be interpreted or applied so as to create any power or
duty in conflict with any State or federal law.
(c) Nothing in this Chapter shall be construed to limit any Employee's right to obtain relief
to which the Employee may be entitled at law or in equity.
SECTION 2. Santa Monica Municipal Code Chapter 4.63 is hereby added to read
as follows:
Chapter 4.63 HOTEL WORKER LIVING WAGE
4.63.010 Definitions.
As used in this Chapter:
(a) "City" means the City of Santa Monica.
(b) "Hotel" means a residential building that is designated or used for lodging and other
related services for the public, and containing guest rooms or suites of rooms. "Hotel"
also includes any contracted, leased or sublet premises connected to or operated in
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conjunction with the building's purpose, or providing services at the building. "Hotel" does
not include hostels, which is defined as any lodging facility that is primarily characterized
by dormitory -style accommodations, shared bathrooms, and reservations of beds rather
than rooms.
(c) "Hotel Employer" means any person, including a corporate officer or executive,
association, organization, partnership, business trust, and limited liability company or
corporation, who owns, controls, and/or operates a Hotel in the City, or a person who
owns, controls, and/or operates any contracted, leased or sublet premises connected to
or operated in conjunction with the Hotel's purpose, or a person who provides services at
the Hotel.
(d) "Hotel Worker" means any individual whose primary place of employment is at one or
more Hotels and who is employed directly by the Hotel Employer, or by a person who has
contracted with the Hotel Employer to provide services at the Hotel. "Hotel Worker" does
not include a managerial, supervisory or confidential employee.
(e) "Service Charge" means any separately -designated amount charged and collected by
a Hotel Employer from customers, that is for service by Hotel Workers, or is described in
such a way that customers might reasonably believe that the amount is for those services
or is otherwise to be paid or payable directly to Hotel Workers, including those charges
designated on receipts, invoices, or billing statements under the term "service charge,"
"table charge," "porterage charge," "automatic gratuity charge," or similar language.
Service Charge does not include a tip or gratuity as defined under State or federal law.
(f) "Surcharge" means any separately -designated amount other than a Service Charge
that is charged and collected by a Hotel Employer from customers, and is intended for
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business operational charges or administrative fees, health care for Hotel Workers or
other Hotel Worker benefits, or is described in such a way that customers might
reasonably believe that the amount will be used to cover a business operational charge
or administrative fee or to provide health care or other benefits, including those charges
designated on receipts, invoices, or billing statements under the term "health surcharge,"
"health benefits," "benefits", "facility rental", or similar language.
4.63.015 Minimum wage payment requirements.
(a) Hotel Employers shall pay Hotel Workers a wage of no less than the hourly rates set
under this section.
(b) The minimum wage for each Hotel Worker shall be as follows:
(1) On July 1, 2016, the hourly wage shall be $13.25; and
(2) On July 1, 2017, the hourly wage shall be $15.37.
(c) On July 1, 2018, and annually thereafter, the minimum wage will increase based on
the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W) for the
Los Angeles metropolitan area (Los Angeles -Riverside -Orange County, California), which
is published by the Bureau of Labor Statistics. The City shall announce the adjusted rates
annually each January 1st and publish a bulletin announcing the adjusted rates, which
shall take effect on July 1st of each year.
4.63.020 One-year waiver for certain Hotel Employers.
This Chapter is not intended to cause reduction in employment or work hours for Hotel
Workers. Therefore, the Finance Director may grant a waiver from the requirements of
this Chapter if a Hotel Employer can demonstrate to the Finance Director that compliance
with this Chapter would force the Hotel Employer, in order to avoid bankruptcy or a
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shutdown of the hotel, to reduce its workforce by more than 20 percent or curtail its Hotel
Workers' total hours by more than 30 percent. The Finance Director shall reach a
determination only after reviewing and auditing, as necessary, the Hotel Employer's
financial condition, with such review or audit paid for by the Hotel Employer, at rates
established by resolution of the City Council. Any waiver granted by the Finance Director
is valid for no more than one year. Any waiver granted under this section does not exempt
Hotel Employers from compliance with Chapter 4.62 of this Code. A determination by the
Finance Director to grant or deny a request for waiver may be appealed to a hearing
examiner pursuant to Chapter 6.16 of this Code.
4.63.025 Paid sick leave.
A Hotel Employer shall provide each Hotel Worker paid sick leave in accordance with
Santa Monica Municipal Code section 4.62.025.
4.63.030 Notice of federal Earned Income Credit.
Hotel Employers shall inform Hotel Workers of their possible right to the Earned Income
Credit under federal law.
4.63.040 Service Charges and Surcharges.
A Hotel Employer shall comply with Santa Monica Municipal Code section 4.62.040 with
respect to any Service Charges or Surcharges.
4.63.045 Supercession by collective bargaining agreement.
The provisions of this Chapter, or any part thereof, may be waived in a bona fide collective
bargaining agreement, but only if the waiver is explicitly set forth in such agreement in
clear and unambiguous terms. Unilateral implementation of terms and conditions of
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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.
4.63.050 No waiver of rights.
Except for bona fide collective bargaining agreements, any waiver by a Hotel Worker of
any provisions of this Chapter shall be deemed contrary to public policy and shall be void
and unenforceable.
4.63.060 Unlawful practices.
It shall be unlawful for a Hotel Employer to fund the wages and benefits required under
this Chapter by reducing the pension, vacation, or other non -wage benefits of any Hotel
Worker, or by increasing charges to Hotel Workers for parking, uniforms, meals, or other
work-related materials or equipment.
4.63.070 Retaliatory action prohibited.
(a) It shall be unlawful for a Hotel Employer to reduce the hours, wages or benefits of;
demote; suspend; discharge; or otherwise discriminate or take adverse action against
any person for exercising rights protected under this Chapter. Such rights include but are
not limited to opposing any practice proscribed by this Chapter, participating in
proceedings related to this Chapter, seeking to enforce the person's rights under this
Chapter by any lawful means, or otherwise asserting rights under this Chapter.
(b) Taking adverse action against a person within 180 days of the person's exercising
rights protected under this Chapter shall raise a rebuttable presumption that the adverse
action was taken in retaliation for the exercise of such rights.
4.63.080 Reports.
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Every year after July 1, 2016, the City shall collect economic data, including jobs,
business license, and sales tax, and shall make this information available to the City
Council and to the public.
4.63.090 Administrative regulations.
The Finance Director is authorized to adopt administrative regulations that are consistent
with the provisions of this Chapter. Violations of the administrative regulations adopted
pursuant to this section shall constitute violations of this Chapter, and shall subject the
violator to the penalties set forth in this Chapter.
4.63.100 Law enforcement remedies and penalties.
(a) Unless otherwise specifically provided, any person violating any provision of this
Chapter shall be guilty of a misdemeanor, which shall be punishable by a fine not
exceeding $500 but not less than $150 per violation, or imprisonment in the County Jail
for a period not exceeding six months, or by both fine and imprisonment, or shall be guilty
of an infraction, which shall be punishable by a fine not exceeding $250 but not less than
$100 per violation. Each such person shall be guilty of a separate offense for each and
every day during any portion of which any violation of any provision of this Chapter is
committed, continued, or permitted by such person and shall be punishable accordingly.
(b) Any person violating any provision of this Chapter or any rule or regulation may be
subject to administrative citation pursuant to Chapter 1.09 of this Code.
(c) Any person convicted of violating any provision of this Chapter or the terms and
conditions of any permit or approval issued pursuant to this Chapter shall be required to
reimburse the law enforcement agency that investigated the violation its full investigative
costs.
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(d) Violation of any provision of this Chapter, with the exception of sections 4.63.060 and
4.63.070, shall be considered a strict liability offense; accordingly, the prosecution shall
not be required to prove criminal intent or that the violator meant to violate any provision
of this Chapter.
(e) Prosecution for any violation of this Chapter, including the issuance of any
administrative citation or order, shall be commenced within three years after discovery of
the commission of the offense by law enforcement authorities or by the victims of the
offense.
4.63.110 Civil remedies.
(a) Any applicant or Hotel Worker aggrieved by a violation of this Chapter or any other
person or entity acting on behalf of the public, may file a civil action in a court of competent
jurisdiction against the person violating this Chapter.
(b) Upon prevailing, any aggrieved applicant or Hotel Worker shall be entitled to legal or
equitable relief, including, without limitation, the payment of any back wages unlawfully
withheld, the payment of any time off unlawfully withheld, the payment of penalties in the
amount of $100 to each person whose rights under this Chapter were violated for each
day that the violation occurred or continued, reinstatement in employment, and/or
injunctive relief, and shall be awarded reasonable attorneys' fees and costs. For willful
violations, the amount of monies and penalties to be paid under this subdivision shall be
trebled.
(c) Any person or entity enforcing this Chapter on behalf of the public, upon prevailing,
shall be entitled only to equitable, injunctive or restitutionary relief, and reasonable
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attorneys' fees and costs. The right to recover reasonable attorneys' fees and costs does
not apply to any proceeding initiated by a governmental entity.
(d) The remedies set forth in this Chapter are cumulative. Nothing in this Chapter shall be
interpreted as restricting, precluding, or otherwise limiting a separate or concurrent
criminal prosecution under this Code or State law.
4.63.120 Higher minimum wage under State or federal law; conflicts; relief.
(a) if at any time the State or federal minimum wage is scheduled to exceed the minimum
wage required under this Chapter, Hotel Employers shall pay the higher minimum wage.
(b) Nothing in this Chapter shall be interpreted or applied so as to create any power or
duty in conflict with any State or federal law.
(c) Nothing in this Chapter shall be construed to limit any Hotel Worker's right to obtain
relief to which the Hotel Worker may be entitled at law or in equity.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
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declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
MA HA ES MOUT, IE
City Attorney
W
Approved and adopted this 12th day of January, 2016.
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson -Warren, Acting City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2509 (CCS) had its introduction
on January 12, 2015, and was adopted at the Santa Monica City Council meeting
held on January 26, 2016, by the following vote.-
Ayes:
ote:
Ayes: Councilmembers: Davis, Himmelrich, McKeown, O'Connor, O'Day
Mayor Pro Tem Winterer, Mayor Vazquez
Noes: Councilmembers: None
Absent: Councilmembers: None
A summary of Ordinance No. 2509 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
J ...
Denise Anderson -Warren, Acting City Clerk