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File Number: 16-420 <br /> <br />C.A violation for unlawfully failing to pay the Minimum Wage shall be deemed to continue <br />from the date immediately following the date that the wages were due and payable as <br />provided in Part 1 (commencing with Section 200) of Division 2 of the California Labor Code, <br />to the date immediately preceding the date the wages are paid in full. <br />4-35-450 Effectiveness of Ordinance if State Minimum Wage Becomes Greater than <br />City’s <br />All requirements and provisions of this Chapter shall be preempted and ineffective if the State <br />minimum wage is or becomes greater than the Minimum Wage established by this Chapter. <br />4-35-500 Waiver Through Collective Bargaining. <br />To the extent required by federal law, all or any portion of the applicable requirements of this <br />Chapter may be waived in a bona fide collective bargaining agreement, provided that such <br />waiver is explicitly set forth in such agreement in clear and unambiguous terms. <br />4-35-600 Notice, Posting and Payroll Records. <br />A.Except for the first increase to take effect on July 1, 2017 per Section 4-35-400, on or <br />by January 1 of each year, the Department shall publish and make available to Employers a <br />bulletin announcing the adjusted Minimum Wage rate, which shall take effect on July 1 of the <br />following year. In conjunction with this bulletin, the Department shall by July 1 of each year <br />publish and make available to Employers, in the top five languages spoken by residents of the <br />City as determined by the City Manager or his designee after reviewing the most recent <br />United States Census Data, a notice suitable for posting by Employers in the workplace <br />informing Employees of the current Minimum Wage rate and of their rights under this Chapter. <br />B.Every Employer shall post in a conspicuous place at any workplace or job site in the <br />City where any Employee works the notice published each year by the Department informing <br />Employees of the current Minimum Wage rate and of their rights under this Chapter. Every <br />Employer shall post such notices in the top five languages spoken by residents of the City as <br />determined by the City Manager or his designee after reviewing the most recent United States <br />Census Data. Every Employer shall also provide each Employee at the time of hire with the <br />Employer's name, address, and telephone number in writing. Failure to post such notice shall <br />render the Employer subject to administrative citation, pursuant to Section 900, Subsection A, <br />of this Chapter. <br />C.Employers shall retain payroll records pertaining to Employees for a period of four <br />years, and shall allow the City access to such records, with appropriate notice and at a <br />mutually agreeable time, to monitor compliance with the requirements of this Chapter. Where <br />an Employer does not maintain or retain adequate records documenting wages paid or does <br />not allow the City reasonable access to such records, the Employee’s account of how much <br />he or she was paid shall be presumed to be accurate, absent clear and convincing evidence <br />otherwise. Failure to maintain such records or to allow the City reasonable access shall render <br />the Employer subject to administrative citation, pursuant to Section 900, Subsection A, of this <br />Chapter. <br />D.If a violation of this Chapter has been finally determined, the City shall require the <br />Employer to post public notice of the Employer's failure to comply in a form determined by the <br />City. Failure to post such notice shall render the Employer subject to administrative citation, <br />pursuant to Section 900, Subsection A, of this Chapter. <br />Page 3 City of San Leandro Printed on 9/13/2016