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File Number: 16-379 <br />The purpose of this ordinance is to protect the public health, safety and welfare. It does this <br />by requiring that employees are compensated by their employers or respective subcontractors <br />in such a manner as to enable and facilitate their individual self-reliance within the City of San <br />Leandro. <br />4-35-200 Authority. <br />This Chapter is adopted pursuant to the powers vested in the City of San Leandro under the <br />laws and Constitution of the State of California but not limited to, the police powers vested in <br />the City pursuant to Article XI, Section 7 of the California Constitution and Section 1205(b) of <br />the California Labor Code. <br />4-35-300 Definitions. <br />The following terms shall have the following meanings: <br />A. “City” shall mean the City of San Leandro. <br />B. “Department” shall mean the Department of Finance or other City department or <br />agency as the City Manager may designate. <br />C. “Employee” shall mean any person who: <br />1. In a calendar week performs at least two (2) hours of work for an Employer within <br />the geographic boundaries of the City; and <br />2. Qualifies as an employee entitled to payment of a minimum wage from any <br />employer under the California minimum wage law, as provided under Section 1197 of the <br />California Labor Code and wage orders published by the California Industrial Welfare <br />Commission, or is a participant in a Welfare-to-Work Program. <br />D. “Small Employer” shall mean any person, including corporate officers or executives, as <br />defined in Section 18 of the California Labor Code, receiving or holding a business license <br />through Chapter 2-2 of the San Leandro Municipal Code who directly or indirectly through any <br />other person, including through the services of a temporary employment agency, staffing <br />agency, subcontractor or similar entity, employs or exercises control over the wages, hours or <br />working conditions of 25 or less Employees. <br />“Large Employer” shall mean any person, including corporate officers or executives, as <br />defined in Section 18 of the California Labor Code, receiving or holding a business license <br />through Chapter 2-2 of the San Leandro Municipal Code, who directly or indirectly through any <br />other person, including through the services of a temporary employment agency, staffing <br />agency, subcontractor or similar entity, employs or exercises control over the wages, hours or <br />working conditions of 26 or more Employees, or who have more than 10 establishments <br />globally, as determined by the Finance Director, which includes but is not limited to franchises <br />as that term is defined by California Corporations Code section 31005. <br />Unless otherwise noted, the term “Employers” shall mean Large Employers and Small <br />Employers, collectively. <br />E. “Minimum Wage” shall have the meaning set forth in Section 4-35-400 of this Chapter. <br />F. “Welfare-to-Work Program” shall mean the CalWORKS Program, County Adult <br />Assistance Program (CAAP) that includes the Personal Assisted Employment Services <br />(PAES) Program, and General Assistance Program, and any successor programs that are <br />substantially similar to them. <br />4-35-400 Minimum Wage. <br />A. Small and Large Employers shall pay Employees no less than the Minimum Wage set <br />forth in this Section for each hour worked within the geographic boundaries of the City. <br />Page 2 City of San Leandro Printed on 7/13/2016 <br />394