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“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
<br />foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry,
<br />fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods
<br />and/or prepared foods. Other household supplies or other products shall be
<br />secondary to the primary purpose of food sales;
<br />(b) over 85,000 square feet and with 10% of its sales floor area dedicated to
<br />sale of non-taxable merchandise including, but not limited to, the 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
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<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
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<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 />related to this Ordinance, for seeking to enforce his or her rights under this Ordinance
<br />by any lawful means, or for otherwise asserting rights under this Ordinance.
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<br />SEC. 7 PAYMENT OF HAZARD PAY TO COVERED EMPLOYEES
<br />
<br />(a) Hazard Pay. Covered Employers shall pay Covered Employees a wage of
<br />no less than the premium hourly rate set under the authority of this Ordinance.
<br />The premium hourly rate for each Covered Employee shall be an additional
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