Minimum Wage Ordinance
COVID 19 UPDATE as of March 2022
COVID SUPPLEMENTAL PAID SICK LEAVE- Additional 80 hours to the City's existing Sick Leave Laws
On February 19, 2022 the Governor passed SB 114, which reinstated 80 hours of COVID-19 Supplemental Paid Sick Leave (SPSL) for companies with 26 or more employees through September 30, 2022. The expiration date is September 30, 2022.
It is critical that employers who are required to provide COVID-19 SPSL notify employees of their rights under the law.
While the law went into effect February 19 of this year, employers are required to provide SPSL to employees beginning January 1, 2022. This means if an employee was out sick or took time off because of a qualified COVID-19 related issue between January 1 through February 18, they would have access to their bank of 80 hours. As an employer, you are required to notify employees of the benefits; however, it is up to the employee to request the time either verbally or in writing.
Form more information and guidance:
Please note the COVID 19 enhanced Paid Sick Leave expired on December 31, 2020
Your employer is not required to provide you with FFCRA leave after December 31, 2020, but your employer may voluntarily decide to provide you such leave. The obligation to provide FFCRA leave applies from the law’s effective date of April 1, 2020, through December 31, 2020.
Employers with questions about claiming the refundable tax credits for qualified leave wages should consult with the IRS. Information can be found on the IRS website (http://www.irs.gov/coronavirus/new-employer-tax-credits).The information below outlines the requirements prior to December 31, 2020 expiration in order to allow guidance should employers need guidance on the prior rules for tax credits or back pay.
Full text of the Families First Coronavirus Response Act
Navigating Unemployment Benefits for Workers
Need Help deciding what steps to take? Click here for Decision Chart
California Supplemental Paid Leave Poster
Click here: https://www.ci.emeryville.ca.us/DocumentCenter/View/13695/2021-COVID-19-Supplemental-Paid-Sick-Leave
Poster required to be displayed at every worksite
Additional Posters: Face Mask | Wash Hands | Social Distancing|Food Sector Workers
3 KEY PROVISIONS OF THE LAW:
1) Annual Minimum Wage Increase
A Small Business is one with 55 or fewer employees working within the geographic boundaries of the City of Emeryville. A Large Business is one with 56 or more employees working within the geographic boundaries of Emeryville.
The initial wage and escalation schedule is summarized in the following table:
|Effective Date||≤55 Employees||56+ Employees|
|July 2, 2015||$12.25||$14.44|
|July 1, 2016||$13.00||$14.82 (CPI)|
|July 1, 2017||$14.00||$15.20 (CPI)|
|July 1, 2018||$15.00||$15.69 (CPI)|
July 1-9, 2019
$15.00 (only for small independent restaurants)
|July 1, 2020||$16.84(CPI) (all businesses)|
|July 1, 2021||$17.13 (CPI) (all businesses)|
|July 1, 2022||$17.68 (CPI) (all businesses)|
2019 Minimum Wage background:
POSTERS AND NOTICES ARE NOW AVAILABLE TO VIEW AND DOWNLOAD (SEE BELOW UNDER GENERAL RESOURCES)! HARD COPIES WILL ALSO BE MAILED OUT TO BUSINESSES BY NEXT WEEK.
The City Council officially repealed the Amendment to the Minimum Wage Ordinance at its July 23rd meeting. Therefore, all businesses are required to pay the minimum wage rate of $16.30 per hour this year. Posters and Notices will be available soon.
Minimum Wage requirement now for all businesses is $16.30 (including small independent restaurants). Posters and Notices will be available in the next couple of weeks.
“The MWO Amendment, which provides that the minimum wage rate is $15.00 per hour for businesses meeting the ordinance’s definition of “Small Independent Restaurant”, will be in effect until the City Council approves the certification of the results of the referendum petition. Once the certification is accepted by the City Council, the MWO Amendment is suspended and the minimum wage rate will be $16.30 per hour for all businesses.
Certification of the results occurs at a City Council Meeting after the Registrar of Voters has completed their examination of the petition. This could happen as early as July 9th (the next City Council meeting) or at a later City Council meeting. Staff is unable to predict when we will receive the information from the Registrar of Voters. The City’s website will be updated as soon as the results are received from the Registrar of Voters.”
On July 1, 2015, AB 1522 went into effect requiring that all Employers in the State of California provide Paid Sick Leave to both full-time and part-time Employees. The City’s ordinance includes additional Paid Sick Leave benefits beyond the State requirements. Emeryville’s ordinance requires Paid Sick Leave for full-time, part-time and temporary Employees and includes the following:
- Minimum of 48 Paid Sick Leave hours accruable for Employees of small businesses (55 or fewer Employees within Emeryville city limits) and 72 hours for Employees of Large Businesses (56 or more within Emeryville city limits).
- In each year of employment, an Employee may use up to the total number of Paid Sick Leave hours accrued allowed by employer but subject to the minimum number of accruable Paid Sick Leave hours, as described above.
- AB 1522 allows an Employee to use Paid Sick Leave to provide care for a family member. The Emeryville ordinance broadens the definition of “family member” to include a designated individual (if Employee has no spouse or registered domestic partner) for whom an Employee can use Paid Sick Leave to provide care. In addition, the Employee may use Paid Sick Leave to provide care for a guide dog, signal dog, or service dog of the Employee, Employee’s family member, or the person designated by the Employee.
3) Hospitality Service Charges
Emeryville’s new ordinance also requires that Hospitality Employers who collect service charges from customers must pay the entirety of those charges to the Hospitality Workers who performed those services for which the charge was collected. Examples of activities that could fall under a “service charge” are: delivering food or beverage to a hotel room, catering duties at banquets, or carrying luggage to room for hotel guests.
The link to the Municipal Code is here
Map of geographic boundaries of the City of Emeryville
Mandatory Bulletins (paper size 11” x17”):
- 2020 Minimum Wage and Paid Sick Leave Poster:
- 2019 Minimum Wage and Paid Sick Leave Poster:
- 2018 Minimum Wage and Paid Sick Leave Poster:
- 2017 Minimum Wage and Paid Sick Leave Poster:
- 2016 Minimum Wage and Paid Sick Leave Poster:
- 2015 Minimum Wage and Paid Sick Leave Poster:
- Service Charge Poster:
Posters must be displayed where they can be read easily by all Employees. Violators are subject to penalties.
Official Notices (paper size 8.5” x11”):
- 2019 Minimum Wage and Paid Sick Leave Notices:
- 2018 Minimum Wage and Paid Sick Leave Notices:
- 2017 Minimum Wage and Paid Sick Leave Notices:
- 2016 Minimum Wage and Paid Sick Leave Notices:
- 2015 Minimum Wage and Paid Sick Leave Notices:
- Service Charge Notice: English | Chinese | Farsi | Spanish
All Official Notices must be provided to all current and future Employees upon hire.
The poster(s) and Official Notices are required to be provided in all languages spoken by 10% or more of the workplace’s Employees. If an Employer needs the notices translated into other languages please contact City staff below. You may reproduce the poster and notices as required by your needs, and they need not be reproduced in color.
New! Paid Sick Leave Designation Form: English
This form meets the Paid Sick Leave requirement of providing Employees an opportunity to designate a person to use their paid sick leave for if they do not have a spouse or registered domestic partner, and must be provided to each current and future employee.
RESOURCES FOR EMPLOYEES
If you believe that your Employer is not paying you the required minimum wage, not providing Paid Sick Leave, or otherwise violating the Emeryville Minimum Wage and Paid Sick Leave Ordinance, please complete a Claim Declaration form.
You may submit the form to the City in one of four ways:
- Via mail to: Economic Development and Housing Division
Community Development Department
1333 Park Avenue
Emeryville, CA 94608
- In person at the City of Emeryville City Hall at the address above during regular business hours which are Monday through Friday from 9 am to 5 pm, excluding City holidays
- Via email to email@example.com
- Submit online using the Online Form above