Minimum Wage Ordinance
COVID 19 UPDATE as of January 2021
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. Any change to extend the requirement to provide leave under the FFCRA would require an amendment to the statute by Congress. The Consolidated Appropriations Act, 2021, extended employer tax credits for paid sick leave and expanded family and medical leave voluntarily provided to employees until March 31, 2021. However, this Act did not extend an eligible employee’s entitlement to FFCRA leave beyond 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
SUMMARY OF SICK LEAVE
80 hours of job protected paid leave for full time employees, or roughly 2 weeks
Leave is immediately available but cannot be carried over from one year to the next
For employers with existing paid leave policies, the Act’s paid sick time is in addition to any existing leave. An employer cannot require employees to use their existing accrued leave time before using this emergency leave. Employers also cannot require their employees to find a replacement worker if they need to take this emergency leave.
The FMLA Expansion Act amends the federal Family and Medical Leave Act (FMLA) by providing up to 12 weeks of paid public health emergency leave from March 18, 2020 until Dec. 21, 2020. The Act is effective 15 days after enactment. Can only be used to care for a son or daughter who lacks school or childcare because of the pandemic.
Provides leave for employees unable to work (or telework) who need to care for a son or daughter under 18 whose school or place of care is closed or whose childcare provider is unavailable because of the public health emergency.
Executive Order N-51-20- Supplemental Paid Sick Leave for Food Sector Workers @ Companies with 500 or more Employees
Click here for more information
Navigating Unemployment Benefits for Workers
Need Help deciding what steps to take? Click here for Decision Chart
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)|
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”):
- 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