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10A Action 2021 0301
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10A Action 2021 0301
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
3/1/2021
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and/or the City or, to the extent feasible under state law, create and impose a lien against <br />any property owned or operated by an Employer or other person who fails to pay wages, <br />penalties and administrative fines assessed, or pursue other legal and equitable remedies <br />available to the City. The City shall be awarded reasonable attorney's fees and costs a s <br />well as costs associated with enforcing a violation under this Ordinance. <br /> <br />The remedies, penalties and procedures provided under this Ordinance are cumulative <br />and are not intended to be exclusive of any other available remedies, penalties and <br />procedures. <br /> <br />SEC. 13 CREDIT FOR EMPLOYER-INITIATED HAZARD PAY <br /> <br />(a) Any Covered Employer already providing a premium hourly rate to compensate <br />Covered Employees for working during the pandemic (hereinafter “employer- <br />initiated hazard pay”) shall be credited against the $5.00 per hour for the hourly <br />amount paid to each Covered Employee (e.g. A Covered Employer offering a <br />$2.00 per hour employer-initiated hazard pays an additional $3.00 per hour in <br />Hazard Pay per this Ordinance.) Such Covered Employer must demonstrate that, <br />as of the effective date of this Ordinance and in any subsequent covered pay <br />periods, all Covered Employees are receiving such employer-initiated hazard <br />pay. No Covered Employer shall be credited prospectively for any past <br />payments. No Covered Employer shall be credited for any hourly premiums <br />already owed to Covered Employees, such as but not limited to, Holiday <br />Premiums. Nothing herein shall be interpreted to prohibit any employer from <br />paying more than $5.00 per hour in Hazard Pay. <br />(b) To receive credit for employer-initiated hazard pay policies, Covered Employers <br />must offer the following showings of proof to the Department: <br />(1) A copy of the Employer’s hazard pay policy. <br />(2) A concise statement explaining Covered Employees’ hourly base wages, <br />hourly Holiday Premiums, hourly employer-initiated hazard pay, and any <br />other wage bonuses received during the last 12 months. <br />(3) Evidence that, since the effective date of the Ordinance and for so long <br />as this Ordinance is applicable, each and every Covered Employee has <br />received employer-initiated hazard pay. <br /> <br /> <br />(4) Evidence that allows the City to review for compliance by assessing <br />wages for the past 12 months and that is itemized in such a way that the <br />City can understand a Covered Employee’s Base Wage distinguished <br />from Holiday Premiums and other bonuses or pay increases that are <br />separate and distinct from employer-initiated hazard pay. <br />i. Accepted evidence of employer-initiated hazard pay wage <br />described in (b)(4): <br />1. A spreadsheet, of all Covered Employees and their wages <br />for each pay period for the last 12 months, that allows the <br />City to distinguish Base Wage from Holiday Pay and other <br />bonuses or pay increases that are separate and distinct from <br />employer-initiated hazard pay. The foregoing does not <br />exempt any Covered Employer from maintaining, and
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