For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASE WAGE. The hourly wage paid to employees as of the effective date of this chapter, less hero pay owed under this chapter or any other premium hourly rate already paid to compensate employees for working during the COVID-19 pandemic, such as voluntary hazard pay or holiday premium pay.
EMPLOYEE. Any person who:
(1) In a particular week performs at least two hours of work within City of Alhambra for an employer; and
(2) Qualifies as an employee entitled to payment of a minimum wage from any employer under the California minimum wage law, as provided under Cal. Labor Code § 1197 and wage orders published by the California Industrial Welfare Commission.
(3) Presumption of employee. For purposes of this chapter, a person performing work for an employer is presumed to be an employee of that employer. If an employer asserts a person is not an employee covered by this chapter either due to the person's status as a bona fide independent contractor, or due to the person not being required to physically appear at a store to perform their job function during the COVID-19 pandemic, then the employer has the burden to demonstrate that the person is not an employee.
EMPLOYER. A person, as defined in Cal. Labor Code § 18, including a corporate officer or executive, that meets all of the following:
(1) Directly or indirectly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of any employee;
(2) Operates at least one store;
(3) Either is (a) a corporate entity the stock of which is traded on a public stock exchange, or (b) employs 300 or more workers for compensation nationwide in the pay period preceding the effective date of this chapter; and
(4) Employs more than ten employees per store in the pay period preceding the effective date of this chapter.
HERO PAY. The additional wage employers are required to pay employees for work performed at stores due to the risks associated with COVID-19 pursuant to § 5.85.040(A), in addition to an employee's base wage or holiday premium pay, whichever is applicable at the time of hours worked. The hero pay rate shall not include compensation already owed to employees, holiday premium rates, gratuities, service charge distributions, or other bonuses.
HOLIDAY PREMIUM PAY. The hourly wage paid to employees for performing work during a holiday or holiday season.
RETALIATORY ACTION. The refusal to hire, or the discharge, suspension, demotion, penalization, discipline, lowering of the base wage or holiday premium pay, discrimination, or any other adverse action taken against an employee regarding the terms and conditions of the employee's employment, for opposing any practice proscribed by this chapter, for participating in proceedings related to this chapter, for seeking to enforce rights under this chapter by any lawful means, or for otherwise asserting rights under this chapter.
STORE. Any of the following located within the City of Alhambra:
(1) A retail grocery store that sells primarily food or household goods, including fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked goods, and/or prepared foods; or
(2) A retail drug store that sells a variety of prescription and non-prescription medicines and miscellaneous items, including but not limited to drugs, pharmaceuticals, sundries, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, and prepared foods; or
(3) A retail store that is over 85,000 square feet and:
(a) Dedicates 10% or more of its sales floor to groceries, including, but not limited to, produce, meats, poultry, fish deli products, dairy products, canned foods, dry foods, beverages, baked foods, and/or prepared foods; or
(b) Dedicates 10% or more of its sales floor to drug retail, including, but not limited to, drugs, pharmaceuticals, sundries, produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, prepared foods, and other merchandise.
VOLUNTARY HAZARD PAY. Additional premium pay for COVID-19 related purposes above and beyond an employee's base wage.
(Ord. 4784, passed 4-12-21)