(A) Hero pay amount. For each hour of work performed by an employee at a store operated by an employer, the employer shall pay the employee no less than $5 per hour, in addition to the employee's base wage. Such hero pay is intended to compensate an employee for time spent physically present performing work at a store where there is a heightened potential for exposure to COVID-19. Hero pay shall not be required for any time an employee is not physically present to perform work at a store location, such as when remote working, teleworking, or on paid leave.
(B) Offsets prohibited. Employers shall not reduce an employee's base wage, holiday premium pay, or other employee benefits to offset the requirements of this chapter.
(C) Election to receive hero pay as paid leave. If offered by the employer, an employee may elect to receive paid leave in lieu of hero pay.
(1) Must be in writing. An election to receive paid leave in lieu of hero pay must be made in a writing signed by the employee. If the employee elects to receive paid leave in lieu of hero pay, the employer shall convert the hero pay into paid leave.
(2) Calculation of paid leave. An employee accrues one full hour of paid leave when the hero pay earned totals one hour of the employee's base wage.
(3) Paid leave increments. An employee is entitled to earn paid leave in less than one hour increments.
(4) Use of paid leave. Employers must allow employees to use accrued paid leave under this division in the same way employers allow other paid leaves to be used by their employees.
(D) The requirement to pay hero pay as set forth in this chapter shall be in effect beginning on and including May 22, 2021 to and through September 19, 2021.
(Ord. 4784, passed 4-12-21)