(A) If an employer provides an employee voluntary hazard pay, the obligation to provide hero pay under this chapter shall be reduced for each cent the employer provides an employee with such voluntary hazard pay. No employer shall be credited prospectively for any past payments. No employer shall be credited for any hourly premiums already owed to employees, such as, but not limited to, holiday premiums. Nothing in this chapter shall be interpreted to prohibit an employer from paying more than $5 per hour in hero pay.
(B) In the event the credit for voluntary hazard pay is challenged, the city is authorized to evaluate the credibility and sufficiency of proof to determine if the employer shall receive credit. An employer must maintain and make available for inspection by the city the following showings of proof to receive credit for voluntary hazard pay:
(1) A copy of the employer's voluntary hazard pay policy;
(2) A concise statement explaining employees' hourly base wages, hourly holiday premiums, hourly voluntary hazard pay, and any other wage bonuses received during the prior 12 months; and
(3) Records and other information that allows the city to review for compliance by assessing wages for the prior 12 months and that is itemized in such a way that the city can understand an employee's base wage distinguished from holiday premiums and other bonuses or pay increases that are separate and distinct from voluntary hazard pay. Acceptable evidence of voluntary hazard pay wage includes:
(a) A spreadsheet of all employees and their wages for each pay period for the prior 12 months that allows the city to distinguish base wage from holiday premium pay and other bonuses or pay increases that are separate and distinct from voluntary hazard pay. The foregoing does not exempt any employer from maintaining, and providing access to, the underlying payroll records described above.
(b) Any offer of proof under this division (B) shall be accompanied by a written acknowledgement that it was submitted under penalty of perjury.
(Ord. 4784, passed 4-12-21)