Voter’s Edge California
Get the facts before you vote.
Voter’s Edge California
Go to top
Brought to you by
MapLight
League of Women Voters of California Education Fund
California State Library@CAStateLibrary
November 8, 2016 — California General Election
Ballot and voting information for Alameda County.
This is an archive of a past election.

Minimum Wage - InitiativeOrdinance

Local
November 8, 2016California General Election

City of Berkeley
Measure CC Ordinance - Majority Approval Required

Share This Page

To learn more about measures, follow the links for each tab in this section. For most screenreaders, you can hit Return or Enter to enter a tab and read the content within.

Election Results

Failed

18,850 votes yes (34.69%)

35,490 votes no (65.31%)

  • 100% of precincts reporting (108/108).

Shall an ordinance: increasing the City's existing minimum wage to $15 per hour on October 1, 2017, with annual increases based on the CPI + 3% beginning January 1, 2019 until it reaches $16.37 per hour in 2016 dollars, and thereafter based on the CPI; eliminating exemptions for youth in job training programs; requiring that hospitality service charges be distributed to the employees who provide the services; and mandating paid sick leave for employees be adopted?

This Ballot Measure Has Been Superseded

Backers of both BB and CC recommend a NO vote

Impartial analysis / Proposal

This measure was placed on the ballot by an initiative petition that was signed by registered voters equal in number to at least 5% of the number of votes cast in the City of Berkeley for Mayor in the last election at which a Mayor was elected.

The proposed measure would amend Berkeley’s existing minimum wage ordinance (Berkeley Municipal Code Chapter 13.99) in a number of respects.

It would increase the minimum wage as of October 1, 2017 to $15.00 per hour.

In addition, beginning in January 2019, the minimum wage would be increased by two cumulative factors.

  • The first would be an ongoing annual adjustment to increase the minimum wage by the same percentage as the increase in the consumer price index for the prior year.
  • The second would be an additional 3% annual increase until the minimum wage reaches the “Berkeley Living Wage Standard”. This amount is currently $16.81 per hour (consisting of a wage of $14.42 per hour plus a medical benefit equivalent to at least $2.39 per hour). The “Berkeley Living Wage Standard” is also increased annually by the increase in the consumer price index.

The measure would eliminate existing exemptions for job training participants up to 25 years of age in job training programs operated by nonprofit organizations or governmental agencies. The minimum wage for such programs would be increased to $12.00 per hour as of October 2017, and by beginning January 2019 by $1.50 per hour annually until it reached the minimum wage for other employees. After that, the minimum wage applicable to employees in job training programs would be the same as the minimum wage for other employees.

This measure would require that hospitality service charges be distributed to the employees performing services for the customers from whom such charges are collected, without any deduction from those employees’ wages.

The measure would prohibit employers from reducing non-wage benefits such as pensions, vacations, or other non-wage benefits, or by increasing charges to employees.

This measure would also require employers to provide paid sick leave to all employees at the rate of 1 hour per every 30 hours worked. Employees would not accrue or be allowed to use sick leave until after 90 days of employment with the employer. The total amount of sick leave that could be accrued would be capped annually at 48 hours for businesses with less than 10 employees, and 72 hours for all other businesses. Accrued sick leave would carry over from year to year, subject to these 48-hour and 82-hour caps stated above. Sick leave could be used for family members, and spouses, domestic partners or other designated persons.   

— Zach Cowan, Berkeley City Attorney

Arguments FOR

 

Vote No/No on Measure BB and Measure CC.

On August 31st, after considerable collaboration with a broad spectrum of stakeholders, the Berkeley City Council passed a minimum wage ordinance among the most progressive in the nation. Supporters of both Measure BB and Measure CC came together to develop a consensus solution that will lift up Berkeley’s low-wage workers.

The consensus ordinance does the following:

  •   Raises the minimum wage in Berkeley to $15 per hour by October 1, 2018 with yearly inflation increases after that
  •   Allows workers to earn up to 72 hours of paid sick leave
  •   Provides protections to ensure employees receive the benefit of service charges
  •   Provides for a flexible youth-job-training wage for non-profits

The City Council’s unanimous vote to support this ordinance shows broad community support for increasing the minimum wage and workers rights, and it is a significant victory for low-wage workers.

The City Council passed its ordinance after the deadline for removing the competing measures from the ballot. All parties now agree that the Council ordinance is a good outcome for our city’s low-wage workers, non-profits, and small businesses.

Both the advocates for Measure CC and the supporters of Measure BB ask you to support the City Council’s progressive minimum wage ordinance BY VOTING NO ON BOTH MEASURES BB & CC, thus enabling the Council ordinance to be the governing law.

Join Mayor Tom Bates and the Berkeley City Council, labor advocates, nonprofits, social service agencies and small businesses in allowing the fair and progressive City Council ordinance to prevail. Vote No/No on Measure BB and Measure CC.

—Josie Camacho, Alameda Labor Council AFL-CIO, Executive Secretary-Treasurer
—Kirsten MacDonald, Berkeley Chamber of Commerce, Co-CEO
Laurie Capitelli, Berkeley City Councilmember
Jesse Arreguin, Berkeley City Councilmember
—David Fielder, Berkeley for Working Families, Co-Chair
 

— Alameda County Registrar of Voters

Arguments AGAINST

 

Vote No/No on Measure BB and Measure CC.

On August 31st, after considerable collaboration with a broad spectrum of stakeholders, the Berkeley City Council passed a minimum wage ordinance among the most progressive in the nation. Supporters of both Measure BB and Measure CC came together to develop a consensus solution that will lift up Berkeley’s low-wage workers.

The consensus ordinance does the following:

  •   Raises the minimum wage in Berkeley to $15 per hour by October 1, 2018 with yearly inflation increases after that
  •   Allows workers to earn up to 72 hours of paid sick leave
  •   Provides protections to ensure employees receive the benefit of service charges
  •   Provides for a flexible youth-job-training wage for non-profits

The City Council’s unanimous vote to support this ordinance shows broad community support for increasing the minimum wage and workers rights, and it is a significant victory for low-wage workers.

The City Council passed its ordinance after the deadline for removing the competing measures from the ballot. All parties now agree that the Council ordinance is a good outcome for our city’s low-wage workers, non-profits, and small businesses.

Both the advocates for Measure CC and the supporters of Measure BB ask you to support the City Council’s progressive minimum wage ordinance BY VOTING NO ON BOTH MEASURES BB & CC, thus enabling the Council ordinance to be the governing law.

Join Mayor Tom Bates and the Berkeley City Council, labor advocates, nonprofits, social service agencies and small businesses in allowing the fair and progressive City Council ordinance to prevail. Vote No/No on Measure BB and Measure CC.

—Josie Camacho, Alameda Labor Council AFL-CIO, Executive Secretary-Treasurer
—Kirsten MacDonald, Berkeley Chamber of Commerce, Co-CEO
—Laurie Capitelli, Berkeley City Councilmember
—Jesse Arreguin, Berkeley City Councilmember
—David Fielder, Berkeley for Working Families, Co-Chair
 

— Alameda County Registrar of Voters

Proposed legislation

The People of the City of Berkeley do ordain as follows:

Section 1

Chapter 13.99 of the Berkeley Municipal Code is hereby amended as follows:

Chapter 13.99

13.99.010 Title and Purpose.

This ordinance shall be known as the "Minimum Wage, Sick Leave, and Employment Standards Ordinance."

The purpose of this ordinance is to protect the public health, safety and welfare. It does this by requiring that employees are compensated and provided with sick leave by their employers or respective subcontractors in such a manner as to enable and facilitate their individual self- reliance within the City of Berkeley. (Ord. 7352-NS § 1 (part), 2014)

13.99.020 Authority.

This Chapter is adopted pursuant to the powers vested in the City of Berkeley 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 Law. (Ord. 7352-NS § 1 (part), 2014)

13.99.030 Definitions.

The following terms shall have the following meanings:

     A. “Berkeley Living Wage Standard” shall mean the wage required to be paid by an Employer who does not provide employees with a medical benefit plan pursuant to paragraph A of Section 13.27.050.

     B.A. "City" shall mean the City of Berkeley.

     CB. "Department" shall mean the Department of Finance or other City department or agency as the City shall by resolution designate.

     DC. "Employee" shall mean any person who:

          1. In a calendar week performs at least two (2) 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.

     E.D. "Employer" shall mean 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, or any person receiving or holding a business license through Title 9 of the Berkeley Municipal Code.

     F. "Hospitality Employer" means a Person who owns, controls, or operates any part of a hotel or restaurant or banquet facilities within the City, including as a subcontractor thereto, but does not include any governmental agency.

     G. "Hospitality Worker" means any individual, including, but not limited to, table servers, cooks, dish washers, etc., who works for a Hospitality Employer and who performs a service for which a Hospitality Employer imposes a Service Charge. "Hospitality Worker" does not include a managerial employee.

     H.E "Minimum Wage" shall have the meaning set forth in Section 40 of this Chapter.

     I. F. "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, or any non-profit educational organization qualified under Section 23701 (d) of the Revenue and Taxation code.

     J. "Paid Sick Leave" shall mean the accrued increments of compensated leave provided by an Employer to an Employee as a benefit of the employment for use by the Employee during an absence from the employment for any of the following reasons specified in Section 13.99.045.B of this Chapter.

     K. “Person” shall mean 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.

     L. "Service Charge" means all separately-designated amounts collected by a Hospitality Employer from customers that are for service by Hospitality Workers, or are described in such a way that customers might reasonably believe that the amounts are for those services or in lieu of tips, including but not limited to those charges designated on receipts under the term "service charge," "delivery charge," or "porterage charge."

     M. G "Welfare-to-Work Program" shall mean the 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. (Ord. 7352-NS § 1 (part), 2014)

     N. "Small business" shall mean an Employer for which fewer than ten persons 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.

     O. “Youth Works” means the City of Berkeley operated employment program for Berkeley youth.

13.99.040 Minimum Wage.

     A. Employers shall pay Employees no less than the Minimum Wage set forth below for each hour worked within the geographic boundaries of the City.

Date

Minimum Hourly Wage

October 1, 2014 $10.00

October 1, 2015 $11.00

October 1, 2016 $12.53

October 1, 2017 $15.00

      B. To prevent inflation from eroding its value, beginning on January 1, 2019, and thereafter on the 1st of January of each year, the Minimum Wage shall increase by an amount corresponding to the prior calendar 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 (or if such index is discontinued, then in the most similar successor index).

B. For Employers that are Nonprofit Corporations, the requirements of this Chapter shall not take effect until October 1, 2015, at which time the minimum wage will be $11.00 per hour.

     C. To bring the Minimum Wage into alignment with the Berkeley Living Wage Standard in a manner fair to both employers and employees, the Minimum Wage shall be increased by an additional 3% beginning on January 1, 2019, and continuing on the 1stt of January of each year thereafter, until it is equal to but not greater than the Berkeley Living Wage Standard in effect at that time. An increase of less than 3% per year is permissible only for purposes of making the Minimum Wage provided for under this paragraph equal to the Berkeley Living Wage Standard.

     D. For the Employer Youth Works and for job training participants up to 25 years of age in youth job training programs operated by a Nonprofit Corporation or a governmental entity, the Minimum Wage shall be increased to $12.00 on October 1, 2017 and, starting January 1, 2019 and on every January 1 thereafter, the Minimum Wage shall be increased by $1.50 per hour until itisequaltotheMinimumWagepaidbyallotherEmployerscoveredbythisSection. An increase of less than $1.50 per hour is permissible only for purposes of making the Minimum Wage provided for under this paragraph equal to the Minimum Wage paid by all other Employers under this Section. Once the Minimum Wage established by this paragraph is equal to the Minimum Wage for all other Employers, it shall increase in the same amounts and on the same terms as for all other Employers as provided by this Section.

      E. The requirement to pay Minimum Wage as specified in this Section shall apply to all Employers except where prohibited by state or federal law.

      F. C. A violation for unlawfully failing to pay the Minimum Wage shall be deemed to continue from the date immediately following 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 immediately preceding the date the wages are paid in full. (Ord. 7352-NS § 1 (part), 2014)

     G. Nothing in this section shall restrict the City from increasing the minimum wage rate beyond the amounts provided for in this section.

13.99.045 Paid Sick Leave

     A. Accrual of Paid Sick Leave.

          1. Paid Sick Leave shall begin to accrue on the ninetieth (90th) day following the

passage of this provision by voters. For Employees hired by an Employer after the date on which Paid Sick leave begins to accrue under this paragraph, Employees shall not be entitled to use Paid Sick Leave until after 90 calendar days of employment with the Employer.

          2. For every 30 hours worked after Paid Sick Leave begins to accrue for an Employee, the Employee shall accrue one hour of Paid Sick Leave. Such leave shall accrue only in hour-unit increments; there shall be no accrual of a fraction of an hour of such leave.

          3. For Employees of Small Businesses, there shall be a cap of 48 hours of accrued Paid Sick Leave. For Employees of other Employers, there shall be a cap of 72 hours of accrued Paid Sick Leave. Accrued Paid Sick Leave for Employees carries over from year to year (whether calendar year or fiscal year), but shall not exceed the aforementioned caps. Nothing herein precludes an Employer from establishing a higher cap or no cap on the number of accrued hours.

          4. If an Employer has a paid leave policy, such as a paid time off policy, that makes available to Employees an amount of paid leave that may be used for the same purposes as Paid Sick Leave under this Chapter and that is sufficient to meet the requirements for accrued Paid Sick Leave as stated in subsections (A) and (B), the Employer is not required to provide additional Paid Sick Leave.

          5. 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 accrued Paid Sick Leave that the Employee has not used.

          6. The rate of pay shall be the Employee’s hourly wage. If the Employee in the 90 days of employment before taking accrued sick leave had different hourly pay rates, was paid by commission or piece rate, or was a nonexempt salaried Employee, then the rate of pay shall be calculated by dividing the Employee’s total wages, not including overtime premium pay, by the Employee’s total hours worked in the full pay periods of the prior 90 days of employment.

     B. Use of Paid Sick Leave.
          1. An Employee may use Paid Sick Leave not only when he or she is ill or injured or for the purpose of the Employee's receiving medical care, treatment, or diagnosis, as specified more fully in California Labor Code § 233(b)(4), but also to aid or care for the following persons when they are ill or injured or receiving medical care, treatment, or diagnosis: Child; parent; legal guardian or ward; sibling; grandparent; grandchild; and spouse, registered domestic partner under any state or local law, or designated person. The Employee may use all or any percentage of his or her Paid Sick Leave to aid or care for the aforementioned persons. The aforementioned child, parent, sibling, grandparent, and grandchild relationships include not only biological relationships but also relationships resulting from adoption; step-relationships; and foster care relationships. "Child" includes a child of a domestic partner and a child of a person standing in loco parentis.

          2. If the Employee has no spouse or registered domestic partner, the Employee may designate one person as to whom the Employee may use paid sick leave to aid or care for the person. The opportunity to make such a designation shall be extended to the Employee no later than the date on which the Employee has worked 30 hours after Paid Sick Leave begins to accrue pursuant to this Chapter. There shall be a window of 10 work days for the Employee to make this designation. Thereafter, the opportunity to make such a designation, including the opportunity to change such a designation previously made, shall be extended to the Employee on an annual basis, with a window of 10 work days for the Employee to make the designation.

          3. 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 on Paid Sick Leave.

          4. If the need for Paid Sick Leave is foreseeable, the Employee shall provide reasonable advance notification. If the need for Paid Sick Leave is unforeseeable, the Employee shall provide notice of the need for the leave as soon as practicable.

          5. An Employer may lend Paid Sick Leave days to an Employee in advance of accrual, at the Employer’s discretion and with proper documentation.

          6. An Employer may only take reasonable measures to verify or document that an Employee's use of Paid Sick Leave is lawful, and shall not require an Employee to incur expenses in excess of $5 in order to show his or her eligibility for such Paid Sick Leave.

          7. An Employer shall provide payment for Paid Sick Leave taken by an Employee no later than the payday for the next regular payroll period after the Paid Sick Leave was taken.

          8. No Employer may limit the accrual or use of Paid Sick Leave except as specified in this Chapter.

13.99.050 Waiver Through Collective Bargaining.

To the extent required by federal law, all or any portion of the applicable requirements of this Chapter may be waived in a bona fide collective bargaining agreement, provided that such waiver is explicitly set forth in such agreement in clear and unambiguous terms. (Ord. 7352-NS § 1 (part), 2014)

13.99.050 Hospitality Service Charges

     A. Service Charges shall not be retained by the Hospitality Employer but shall be paid over in their entirety to the Hospitality Worker(s) performing services for the customers from whom Service Charges are to be collected. No part of these charges may be paid to supervisors except for any portion of their work time spent on nonsupervisory work serving these customers, and then at no higher rate of compensation than the average of what is paid other Hospitality Workers performing similar customer service. The Service Charges shall be distributed to the Hospitality Workers no later than the next payroll following the work or collection of the charge from the customer, whichever is later. Without limitation of the foregoing:

          1. Service charges collected for banquets or catered meetings shall be paid to the Hospitality Workers who actually work the banquet or catered meeting;

          2. Service charges collected for room service shall be paid to the Hospitality Workers who actually deliver food and beverage associated with the charge; and

          3. Service charges collected for porterage service shall be paid to the Hospitality Workers who actually carry the baggage associated with the charge.

     B. 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 a Hospitality Worker by customers over and above the actual amount due for services rendered or for goods, food, drink, or articles sold or served to the customer.

     C. No Employer or agent thereof shall deduct any amount from wages due an Employee on account of a Service Charge, or require an Employee to credit the amount, or any part thereof, of a Service Charge against and as a part of the wages due the Employee from the Employer.

13.99.055 Waiver Through Collective Bargaining.

To the extent required or permitted by federal law, all or any portion of the applicable requirements of this Chapter may be waived in a bona fide collective bargaining agreement, provided that such waiver is explicitly set forth in such agreement in clear and unambiguous terms. Any request to an individual Employee by an Employer to waive his or her rights under this Chapter shall constitute a violation of this Chapter.

13.99.060 Notice, Posting and Payroll Records.

     A. By August 1, 2017, of each year, the Department shall publish and make available to Employers a bulletin announcing the adjusted Minimum Wage rate, which shall take effect on October 1, 2017of that year. By November 1, 2018 and by November 1 of each year thereafter, the Department shall publish and make available to Employers a bulletin announcing the adjusted Minimum Wage rate, which shall take effect on January1 of the following year. In conjunction with this bulletin, the Department shall by the same dates specified above August 1 of each year publish and make available to Employers, in all languages spoken by more than five percent of the work force in the City, a notice suitable for posting by Employers in the workplace informing Employees of the current Minimum Wage rate and of all their rights under this Chapter.

     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 Chapter. Every Employer shall post such notices in any language spoken by at least five percent of the Employees at the work-place or job site. Every Employer shall also provide each Employee at the time of hire with the Employer’s name, address, and telephone number in writing. Failure to post such notice shall render the Employer subject to administrative citation, pursuant to Section 90, Subsection A, of this Chapter.

     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 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 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. Furthermore, failure to maintain such records or to allow the City reasonable access shall render the Employer subject to administrative citation, pursuant to Section 90, Subsection A, of this Chapter. Such payroll records shall include the amount of hours worked, wages paid, Paid Sick Leave accrued, and distributions of hospitality service charges.

     D. If a violation of this Chapter 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 administrative citation, pursuant to Section 90, Subsection A, of this Chapter. (Ord. 7352-NS § 1 (part), 2014)

     E. Reporting of Paid Sick Leave. Employers shall include the number of hours of Paid Sick Leave accrued to date in such records that they provide to Employees at the end of each pay period. Failure to provide such records shall render the Employer subject to administrative citation, pursuant to Section 90, Subsection A, of this Chapter.

     F. Reporting of Service Charges. Every Employer shall post a notice in a conspicuous place at any workplace or job site in the City where any Employee works explaining how Service Charges are distributed among Employees. Employers shall report the amount of money collected as Service Charges to Employees no later than the end of the pay period when they were collected. In order to ensure that the distribution of Service Charges is lawful, Employers shall, upon request by an Employee, make available their records of sales and associated Service Charges in a given pay period.

13.99.070 Retaliation Prohibited.

     A. 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 Chapter. Rights protected under this Chapter include, but are not limited to: the right to be paid the specified minimum wage; the right to accrue and use paid sick leave as specified; the right to receive a distribution of hospitality service charges as specified; 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 or otherwise educate any person about this Chapter or to assist him or her in asserting such rights.

     B. No Employer may fund increases in compensation required by this Chapter, nor otherwise respond to the requirements of this Chapter, by reducing the compensation of any non- management Employee, nor by reducing the pension, vacation, or other non-wage benefits of any such Employees, nor by increasing charges to them for parking, meals, uniforms or other items. If an Employer makes such adverse changes after the filing of the notice to circulate the petition giving rise to this Chapter but before this Chapter has become effective, then upon this Chapter's effective date, such Employer shall restore the conditions of the status quo ante.

     C. Protections of this Chapter shall apply to any person who mistakenly, but in good faith, alleges noncompliance with this Chapter. Taking Evidence that an Employer has taken 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 that the Employer’s action was retaliatory of having done so in retaliation for the exercise of such rights. “Presumption,” as used in this section, means that a trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence. Failure to comply with this provision shall render the Employer subject to administrative citation, pursuant to Section 90, Subsection A, of this Chapter. (Ord. 7352-NS § 1 (part), 2014)

13.99.080 Implementation.

     A. Guidelines. The Department shall be authorized to coordinate implementation and enforcement of this Chapter and may shall promulgate appropriate guidelines or rules for such purposes within 90 days of the date on which this Chapter becomes effective. The Department shall seek out partnerships with community-based organizations and collaborate with the Berkeley Labor Commission on Labor to facilitate effective implementation and enforcement of this Chapter. Any guidelines or rules 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 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. Reporting Violations. An Employee or any other person may report to the Department in writing any suspected violation of this Chapter. 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 Chapter 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 administrative citation, pursuant to Section 90, Subsection A, of this Chapter.

     C. Investigation. The Department shall be responsible for investigating any possible violations of this Chapter 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 Chapter.

     D. Informal Resolution. The Department shall make every effort to resolve complaints informally, in a timely manner, and shall have a policy that the Department shall take no more than six months to resolve any matter, before initiating an enforcement action. The failure of the Department to meet these timelines within six months shall not be grounds for closure or dismissal of the complaint. (Ord. 7352-NS § 1 (part), 2014)

13.99.090 Enforcement.

     A. Where prompt compliance is not forthcoming, the City and the Department shall take any appropriate enforcement action to secure compliance, including but not limited to the following:

          1. The City may issue an Administrative Citation pursuant to Chapter 1.28 of the Berkeley Municipal Code. The amount of this fine shall vary based on the provision of this Chapter being violated, as specified below:

               a. A fine of one thousand dollars ($1,000.00) may be assessed for retaliation by an Employer against an Employee for exercising rights protected under this Chapter for each Employee retaliated against.

               b. A fine of five hundred dollars ($500.00) may be assessed for any of the following violations of this Chapter:

                    i. Failure to post any notice, bulletin, or information required under Section 60 of this Chapterof the Minimum Wage rate
                    ii. Failure to provide notice of investigation to Employees
                    iii. Failure to post notice of violation to public
                    iv. Failure to maintain payroll records for four years
                    v. Failure to allow the City access to payroll records
                    vi. Failure to provide to an Employee any information required to be provided to an Employee under Section 60 of this Chapter.

               c. A fine equal to the total amount of appropriate remedies, pursuant to subsection E of this section. Any and all money collected in this way that is the rightful property of an Employee, such as back wages, interest, and civil penalty payments, shall be disbursed by the City in a prompt manner.

          2. Alternatively, the City may pursue administrative remedies in accordance with the following procedures:

               a. Whenever the City determines that a violation of any provision of this Chapter is occurring or has occurred, the City may issue a written compliance order to the Employer responsible for the violation.

               b. A compliance order issued pursuant to this chapter shall contain the following information:

                    i. The date and location of the violation;
                    ii. A description of the violation;
                    iii. The actions required to correct the violation;
                    iv. The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved;
                    v. Either a copy of this Chapter or an explanation of the consequences of noncompliance with this Chapter and a description of the hearing procedure and appeal process;
                    vi. A warning that the compliance order shall become final unless a written request for hearing before the City is received within fourteen days of receipt of the compliance order.

               c. Following receipt of a timely request for a hearing, the City shall provide the Employer responsible for the violation with a hearing and, if necessary, a subsequent appeal to the City Council that affords the Employer due process. During the pendency of the hearing and any subsequent appellate process, the City will not enforce any aspect of the compliance order.

          3. The City may initiate a civil action for injunctive relief and damages and civil penalties in a court of competent jurisdiction.

     B. 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 awarded reasonable attorneys’ 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 any 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 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.

     C. This Section shall not be construed to limit an Employee’s right to bring legal action for a violation of any other laws concerning wages, hours, or other standards or rights nor shall exhaustion of remedies under this Chapter be a prerequisite to the assertion of any right.

     D. Except where prohibited by state or federal law, City agencies or departments may revoke or suspend any registration certificates, permits or licenses held or requested by the Employer until such time as the violation is remedied. The City shall not renew any such license of an Employer with outstanding violations, as finally determined under this Chapter, until such time as the violation is remedied.

     E. The remedies for violation of this Chapter 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 to each Employee or person whose rights under this Chapter 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 City’s administrative costs of enforcement and reasonable attorney’s fees.

          4. If a repeated violation of this Chapter has been finally determined, the City may require the Employer to pay an additional sum as a civil penalty in the amount of $50 to the City for each Employee or person whose rights under this Chapter 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.

     F. The remedies, penalties and procedures provided under this Chapter are cumulative and are not intended to be exclusive of any other available remedies, penalties and procedures established by law which may be pursued to address violations of this Chapter. Actions taken pursuant to this Chapter 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. (Ord. 7352-NS § 1 (part), 2014)

13.99.100 Relationship to Other Requirements No Preemption of Higher Standards.

This The purpose of this Chapter is to ensure provides for payment of a local Minimum Wage and minimum labor standards. This Chapter 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. 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. 7352-NS § 1 (part), 2014)

13.99.110 Application Of Minimum Wage To Welfare-To-Work Programs.

The Minimum Wage established under this Chapter 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 Berkeley 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. (Ord. 7352-NS § 1 (part), 2014)

13.99.120 Fees.

Nothing herein shall preclude the City Council from imposing a cost recovery fee on all Employers to pay the cost of administering this Chapter. (Ord. 7352-NS § 1 (part), 2014)

13.99.130 Exemptions.

The requirements of this chapter shall not apply to the following Employees:

1. Employees who are standing by or on-call according to the criteria established by the Fair Labor Standards Act, 29 U.S.C. Section 201. This exemption shall apply only during the time when the Employee is actually standing by or on-call.

2. Job training program participants up to 25 years of age in youth job training programs operated by Nonprofit Corporations or governmental agencies. (Ord. 7352-NS § 1 (part), 2014)

13.99.130 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 2 Relationship to Other Provisions

      A. This initiative measure is intended to add to and supplement the existing Minimum Wage Ordinance in the Berkeley Municipal Code. Any provisions in the Berkeley Municipal Code that are re-enacted by this initiative measure shall continue in full force and effect upon the adoption of this measure by voters without interruption.

     B. If there are provisions of Chapter 13.99 of the Berkeley Municipal Code that are not re- enacted by this initiative measure because Chapter 13.99 was amended after the notice of intent for this initiative measure was filed, then those provisions shall remain in effect to the extent they are consistent with and further the purpose of this initiative measure. To this end, the City Council shall re-number any existing provisions of Chapter 13.99 to the extent necessary.

     C. If there is no Chapter 13.99 of the Berkeley Municipal Code at the time that this initiative measure is considered by the voters, then the provisions of Chapter 13.99 as set forth above shall nonetheless be enacted.

Section 3 Effective Date

The provisions of this initiative measure shall become effective on the ninetieth (90th) day following the passage of this initiative measure by the voters of the City of Berkeley.    

This Ballot Measure Has Been Superseded

Backers of both BB and CC recommend a NO vote

There were two competing minimum-wage measures on the ballot. However, in the time since they were placed on the ballot, a compromise measure was reached and adopted as an ordinance by the City Council. This new ordinance increases the minimum wage to $15 per hour in 2018, includes mandated paid sick leave (six days for small business employees, nine days for others), and phases out youth-in-job training.

Authors of both Measure BB and Measure CC recommend a “No” vote on both. If either measure passes, the measure with the most votes will go into effect and overrule the new City Ordinance.

Use tabs to select your choice. Use return to create a choice. You can access your list by navigating to 'My List'.

On your actual ballot, you can vote 'yes' or 'no' on this measure.

Please share this site to help others research their voting choices.

PUBLISHING:PRODUCTION SERVER:PRODUCTION