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<br />RFP No. 57818 – Design Services for a Treatment Wetland Page 40 of 43 <br /> <br />5. What types of employee’s are covered by the Ordinance? And does it cover full -time and <br />part-time employees? <br />Employees spending at least 25% of their work time on a City of San Leandro contract are <br />covered, as long as they work for a business applicable under the terms of a covered <br />agreement or contract. Both part-time and full-time employees are covered if they meet those <br />criteria. Employees who are or would be covered under the state prevailing wage rate <br />requirement would only be covered by the Ordinance if their current prevailing wage rate was <br />lower than the living wage rate. <br /> Please see “Guidelines for Compliance” for additional detail. <br /> <br />6. What types of businesses are covered by the San Leandro Living Wage Ordinance? <br />The Living Wage Ordinance applies to entities providing services to the City of San Leandro via <br />contract or agreement, lessees of the City and recipients of City financial aide. Please see <br />“Guidelines for Compliance” for the thresholds and criteria for each type of emplo yer, lessee, <br />financial aid recipient, or subcontractor and lessee. <br /> <br />7. Does the Living Wage Ordinance apply to sub-contractors or sub-lessees? <br />Subcontractor’s and sub-lessee’s are also subject to the same living wage provisions and <br />requirements as the primary employer or lessee. Employees who are or would be covered <br />under the state prevailing wage rate requirement would only be covered by the Ordinance if <br />their current prevailing wage rate was lower than the living wage rate. For example, <br />employees of a firm hired to do building improvements for the contractor would be subject to <br />the prevailing wage requirements under state law. <br /> <br />8. Does the Living Wage Rate affect tenants of a financial aid recipient? <br /> <br />It depends on the circumstances, for example, if a developer receives a $500,000 city loan to <br />rehab a commercial building and the tenants pay the market rate, they would not be subject to <br />the LWO. However, the benefitting developer or business (and successors) would be subject <br />to the LWO. <br /> <br />9. What types of employees are exempt? <br />The Ordinance shall not be applicable to employees under 18 years of age, volunteers, <br />qualified temporary employees working for the City of San Leandro, other government <br />employees, employees that participate in a job training program, qualified disabled employees <br />covered by a sub-minimum wage certificate or equivalent, interns or employees receiving <br />academic credit through a job training program, employees already subject to the State’s <br />prevailing wage requirement (if living wage rate is higher than the prevailing wage rate, then <br />the living wage rate would apply) , employees while working stand-by or on-call duty, and any <br />other employee where the application of the Ordinance would be prohibited by State or <br />Federal law. <br /> <br /> <br />226