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3 <br /> <br />other premium hourly rate already paid to compensate Covered Employees for working <br />during the pandemic (referred to herein as “employer-initiated hazard pay”). <br /> <br />“City” shall mean the City of San Leandro. <br /> <br />“Covered Employer” shall mean: <br /> <br /> (a) Retail food establishments as defined herein, that employ 300 or more <br /> employees nationwide regardless of where those employees are <br /> employed, including but not limited to chains, integrated enterprises, or <br /> franchises associated with a franchisor or network of franchises. <br /> <br /> (b) To determine the number of employees, the calculation shall be based <br /> upon: <br /> <br />1. The actual number per calendar week of employees who worked for <br /> compensation during the pay period preceding the e ffective date of this <br /> Ordinance; and <br /> <br />2. All employees who worked for compensation shall be counted, <br />including but not limited to: <br /> (i) Employees who are not covered by this Ordinance; <br /> (ii) Employees who worked inside the City; <br /> (iii) Employees who worked outside the City; and <br /> (iv) Employees who worked in full-time employment, part-time <br /> employment, joint employment, temporary employment, or through <br /> the services of a temporary services or staffing agency or similar <br /> entity. <br /> <br /> “Covered Employee” shall mean any person who: <br /> <br /> (a) In a calendar week performs at least two hours of work within the <br /> geographic boundaries of the City for a Covered Employer; and <br /> <br /> (b) Qualifies as an employee entitled to payment of a minimum wage from <br /> any employer under the California minimum wage law, as provided under <br />Section 11971 of the California Labor Code and wage orders published by the California <br />Industrial Welfare Commission, and the City of San Leandro’s Minimum Wage <br />Ordinance. <br /> <br /> <br />1 Lab. Code § 1197. The minimum wage for employees fixed by the commission or by any applicable <br />state or local law, is the minimum wage to be paid to employees, and the payment of a lower wage than <br />the minimum so fixed is unlawful. This section does not change the applicability of local minimum wage <br />laws to any entity. <br />308