Finance Highlights 2006 1206 - Laserfiche WebLink

Home

Chapter 2.28 LIVING WAGE ORDINANCE Page 5 of 7 least $1.25 per hour or otherwise $9.25 per hour. Such rate shall be adjusted annually pursuant to the terms of the Oakland Living Wage Ordinance, of the Oakland Municipal Code. B. Under the provisions of the Living Wage Ordinance, the City shall have the authority, under appropriate circumstances, to terminate this contract and to seek other remedies as set forth therein, for violations of the Ordinance. (Ord. 92050 § 10, 1998) 2.28.110 Obligations of contractors and financial assistance recipients. A. All proposed contractors and CFARs subject to the provisions of this chapter shall submit a completed declaration of compliance form, signed by an authorized representative, along with each proposal. The completed declaration of compliance form shall be made a part of the executed contract. B. Contractors and CFARs shall require their subcontractors and tenants/leaseholders to comply with the provisions of this chapter. Language indicating the subcontractor's or tenants/leaseholders agreement to comply shall be included in the contract between the contractor and subcontractor or any agreement between a CFAR and tenants/lease-holders. A copy of such subcontracts or other such agreements shall be submitted to the city. C. Contractors, subcontractors and CFARs shall maintain a listing of the name, address, date of hire, occupation classification, rate of pay and benefits paid for each of its employees, if any, and submit a copy of the list to the city by March 31st, June 30th, September 30th, and December 31st of each year the contract is in effect. Failure to provide this list within five days of the due date will result in a penalty of five hundred dollars ($500.00) per day. Contractors, subcontractors and CFARs shall maintain payrolls for all employees and basic records relating thereto and shall preserve them for a period of three years after termination of their contracts. D. Contractors, subcontractors and CFARs shall give written notification to each current and new employee, at time of hire, of his or her rights to receive the benefits under the provisions of this chapter. The notification shall be provided in English, Spanish and other languages spoken by a significant number of the employees, and shall be posted prominently in communal areas at the work site. A copy of such notification shall be forwarded to the city which must include the following: 1. Minimum Compensation. The initial rates of eight dollars ($8.00) with health benefits or nine dollars and twenty-five cents ($9.25) without health benefits will be adjusted annually to correspond to adjustments, if any. The living wage shall be upwardly adjusted each year no later than April 1st in proportion to the increase at the immediately preceding December 31st over the year earlier level of the Bay Region Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor, applied to nine dollars and twenty-five cents ($9.25). 2. Health Benefits. Proof of the provision of such benefits shall be submitted to the city not later than thirty (30) days after execution of the contract to qualify for the wage rate in Section 2.28.030. Health benefits shall be provided to part-time employees as well as full-time employees. 3. Twelve compensated days off per year for sick leave, vacation or personal necessity at the employee's request, and ten uncompensated days off per year for sick leave which shall be made available to all covered employees as provided in this chapter. Employees shall accrue one compensated day off per month of full time employment. Part-time employees shall accrue compensated days off in increments proportional to that accrued by full-time employees. The employees shall be eligible to use accrued days off after the first six months of employment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required twelve (12) compensated days off. Ten uncompensated days off shall be made available, as needed, for personal or immediate family illness after the employee has exhausted his or her accrued compensated days off for that year. This chapter does not mandate the accrual from year to year of uncompensated days off. 4. Federal Earned Income Credit (EIC). Forms to inform employees earning less than twelve dollars ($12.00) per hour of their possible right to EIC and forms to secure advance EIC payments from the employer shall be provided to the eligible employees in English, Spanish and other languages spoken by a significant number of the employees within thirty (30) days of employment under the subject agreement. 5. Notice that the employers are required to file a declaration of compliance form as part of the contract with the city and that the city will make such declarations available for public inspection and copying during its regular business hours. E. Contractors, CFARs and subcontractors shall permit access to work sites and relevant payroll httpa/bpc.iserver.net/codes/oaklantU_DATA/TITLE02/Chapter_2 28_LIVING_WAGE_... 11/21/2006