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4 <br /> <br />“Designated Administrative Agency” means the Department of Finance or <br />other City Department or agency the City Manager may designate.2 <br /> <br /> “Holiday Premium” shall mean the hourly wage paid to Covered Employees for <br />performing work during a holiday or holiday season. <br /> <br />“Hazard Pay” shall mean an additional $5.00 per hour wage bonus in addition to <br />the Covered Employee’s Base Wage or Holiday Premium wage for each hour worked <br />for any pay period during the duration of this Ordinance. <br /> <br />“Hours Worked” means the time during which a Covered Employee is subject to <br />the control of a Covered Employer, including all the time the employee is suffered or <br />permitted to work, and on-call.3 <br /> <br />“Person” shall mean any individual, corporation, partnership, limited partnership, <br />limited liability partnership, limited liability company, business trust, estate, trust, <br />association, joint venture, agency, instrumentality, or any other legal or commercial <br />entity, whether domestic or foreign.4 <br /> <br />“Retail Food Establishment” shall mean a retail store in the City of San Leandro <br />that is either: <br /> <br />(a) over 15,000 square feet in size and that sells primarily household foodstuffs <br />for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli <br />products, dairy products, canned foods, dry foods, beverages, baked foods and/or <br />prepared foods. Other household supplies or other products shall be secondary to the <br />primary purpose of food sales; <br />(b) over 85,000 square feet and with 10% of its sales floor area dedicated to sale <br />of non-taxable merchandise including, but not limited to, th e sale of fresh produce, <br />meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, <br />baked foods and/or prepared foods;5 or <br />(c) a drug retail store in the City of San Leandro that sells a variety of prescription <br />and nonprescription medicines and miscellaneous items, including but not limited to <br />drugs, pharmaceuticals, sundries, fresh produce, meats, poultry, fish, deli products, <br />dairy products, canned foods, dry foods, beverages, prepared foods, and other <br />merchandise. <br /> <br /> “Retaliatory Action” shall mean the failure to hire, or the discharge, <br />suspension, demotion, penalization, lowering of the Base Wage or Holiday Premium <br />wage, or discrimination or any other adverse action against a Covered Employee with <br />respect to the terms and conditions of the Covered Employee’s employment, for <br />opposing any practice proscribed by this Ordinance, for participating in proceedings <br /> <br />2 San Leandro Minimum Wage Ordinance, San Leandro Municipal Code Section 4-35. <br />3 California Code of Regulations, Title 8, Section 11040 <br />4 Living Wage Ordinance, San Leandro Municipal Code Section 1-6-615 <br /> <br />309