For the purpose of this chapter, the following words, phrases and terms are defined as follows:
(a) “Applicable Department” means the City department(s) designated for the administration of this Chapter.
(b) “Assistance” means any form of City financial assistance, except for financial assistance provided for the development, rehabilitation or other means of providing residential housing, that is awarded, renegotiated or renewed after the effective date of this Ordinance. Assistance covered by this Chapter includes but is not limited to: grants, economic development loans; tax credits, incentives and abatements; subsidies; and bonds. For purposes of determining coverage under this Chapter, financial assistance shall be valued to the extent the recipient of the assistance derives a monetary benefit from the City. For instance, loans shall be considered Assistance only to the extent they are forgiven or discounted below the available market rate over the life of the loan. Tax credits, incentives and abatements shall be considered Assistance to the extent of the tax reduction realized by the recipient. For purposes of this Chapter, Assistance does not include financial assistance which is received from another government or other entity which the City acting only as a conduit or fiscal agent for the funds, where the City exercises no control over the identity of any recipient or of the terms of the contract. Community Development Block Grant funds are not considered Assistance under this Chapter.
(c) “City” means the City of Lakewood and all City divisions, departments, and offices.
(d) “Covered Employee” means:
(1) Any person employed by or working as a trainee, except as otherwise provided in subsection (2)(B) below, for a “Covered Employer.”
(2) The following are not “Covered Employees” for purposes of this Chapter:
A. An individual who provides solely volunteer services that are uncompensated except for reimbursement of expenses such as meals, parking or transportation;
B. An individual in a job training program where job training and classroom instruction is being provided to clients in order to develop new specialized skills for employment and the individual would be considered a client of the program even though the individual received compensation;
C. An individual employed in public construction work that is subject to the provision of state or federal law pertaining to wage rates for public works employment;
D. Employees covered by a collective bargaining agreement or the Railway Labor Act;
E. Employees of commercial retail establishments;
F. Persons not employed in the State of Ohio;
G. Persons who are enrolled full-time in high school or college and are under the age of 22;
H. Persons employed by a City owned and operated recreational facility that has the primary purpose of providing recreational services to the public;
(e) “Covered employer” means the following:
(1) Any person or entity that is a Recipient of Assistance from the City that has an aggregate value of at least $75,000 that has not been granted an exemption from this Chapter pursuant to Section 113.06 and is either:
A. A for-profit employer having at least twenty (20) employees at the time of execution of the agreement with the City; or
B. A not-for-profit employer having at least fifty (50) employees at the time of execution of the agreement with the City and the salary ratio between the highest paid and the lowest paid employees at such not- for-profit is more than eight (8) to one (1).
As used in this division, “aggregate value” means the actual dollar benefit received from Assistance over the term of the Assistance.
(2) Any person or entity that has entered into one or more Service Contracts, as defined in this section, with the City that have an aggregate value of at least $25,000, that has not been granted an exemption from this chapter pursuant to Section 113.06 and is either:
A. A for-profit employer having at least twenty (20) employees at the time of execution of the agreement with the City; or
B. A not-for-profit employer having at least fifty (50) employees at the time of execution of the agreement with the City and if the salary ration between the highest paid and lowest paid employees at such not-for-profit is more than eight (8) to one (1).
(3) Any subcontractor of a covered Service Contractor performing services pursuant to the Service Contract.
(4) The following are not “Covered Employers” for purposes of this Chapter:
A. Governmental agencies other than the City of Lakewood
B. Lakewood Hospital.
(f) “Fair Employment Wage” has the meaning stated in Section 113.02 of this Chapter.
(g) “Fair Employment Wage Board” (FEWB) has the meaning stated in Section 113.04 of this Chapter.
(h) “Health Benefits” mean providing or offering to provide single health care benefits for employees at employer cost or requiring an employee contribution toward the purchase of such health care benefits for employees, provided that the employee cost or contribution equals no more than fifteen percent (15%) of the employees’ wages.
(i) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association or other entity that may employ individuals or enter into contracts and all other entities recognized at law by the State of Ohio.
(j) “Recipient of Assistance” means:
(1) Any person or entity who enters into one or more contracts with the City for Assistance, as defined in this section;
(2) Any person or entity that is a direct recipient of Assistance, as defined in this section.
(k) “Service Contract” means any contract or subcontract between a person, business or corporation and the City of Lakewood that primarily involves the furnishing of services to the City (as opposed to the purchase of goods or other property or the leasing of property), and shall be limited to the following categories of services: food service, janitorial, security services, parking lot attendants, home health care, health care aides, waste management, automotive repair services, landscaping, towing contracts, building and maintenance services, carpentry, clerical services, urban forestry, housekeeping, street maintenance and repair, and sidewalk maintenance and repair. This includes services performed on City-owned premises including the following City-opened locations: parking lots, municipal parking parks, recreational facilities, and City-owned buildings. Contracts that are primarily for the purchase of goods or other property are not considered Service Contracts for purposes of this Chapter.
(l) “Service Contractor” means a person who enters into a Service Contract with the City.
(m) “Subcontractor” means any person who enters into a contract with a Service Contractor that is a Covered Employer under subsection (e)(2) of this section to assist the Service Contractor in performing a City Service Contract.
(Ord. 30-03. Passed 7-21-03.)
All Covered Employers shall pay no less than the Fair Employment Wage to Covered Employees. Determination of the Fair Employment Wage shall be in accordance with the following:
(a) Amount of Fair Employment Wage.
(1) The Fair Employment Wage is established as $15.00, shall be calculated on an hourly basis and shall be paid effective the dates listed.
(2) Thereafter, the Fair Employment Wage shall be adjusted by the City of Lakewood on an annual basis, beginning January 1, 2022 and each year thereafter in proportion to the Consumer Price Index for Northeast Ohio, as published by the Bureau of Labor Statistics, U.S. Department of Labor.
(b) All employees working for the City shall be paid at least a Fair Employment Wage.
(Ord. 15-2021. Passed 5-17- 21.)
(a) All bids, proposals and applications for City Service Contracts or for Assistance shall contain the following:
(1) The number of persons employed by the applicant for a service contractor or assistance and, if different, the number of persons who will be employed if the applicant obtains the contract;
(2) Whether the employer provides or offers to provide health benefits for its employees and the employer cost or contribution for any health care plan;
(3) A sworn declaration signed by a duly authorized officer of a Covered Employer stating that the applicant will comply with the requirements of this Ordinance or a sworn declaration signed by a duly authorized officer stating that the employer is not required to comply with this Chapter with an explanation of such exemption.
(b) All City Service Contracts and Assistance Agreements subject to this Chapter shall contain the following language:
This agreement is subject to the City of Lakewood Fair Employment Wage Chapter 113 of the Codified Ordinances of the City of Lakewood and requires, among other things, that unless specific exemptions apply, Covered Employers, as defined, under contracts with the City shall provide payment of a minimum level of compensation to employees. Failure to comply with that Chapter and/or any implementing regulations may result in termination of the contract or debarment from future contracts or financial assistance.
(c) All Assistance Agreements subject to this Chapter shall contain the following language:
In consideration of the financial assistance received, (insert name of Recipient of Assistance) agrees that it will only contract or subcontract with firms or agencies that pay a living wage equal to that required by Chapter 113 of the Lakewood Codified Ordinances for the provision of services related to this project/matter for which (insert name of Recipient of Assistance) has been granted such Assistance. Failure to comply with this provision may result in termination of the Contract or debarment from future contracts or financial assistance.
(d) Maintenance of Payroll Records. Each Covered Employer shall maintain payrolls for all Covered Employees and basic records related thereto and shall preserve them for a period of three (3) years following termination of the Covered Employer’s agreement with the City. The records shall contain the following for each Covered Employee:
(1) His or her name and address, job title and classification;
(2) The number of hours worked each day, gross wages earned, deductions made, and net wages paid;
(3) A record of contributions to health care plans; and
(4) Any such other data the Applicable Department or Lakewood City Council may require.
(e) Access. Upon demand by the Applicable Department, Covered Employers shall provide to such department access to the Payroll Records required to be maintained by this section, and will permit representatives of such department to observe work being performed upon the work site and to interview employees as deemed necessary by the department to monitor compliance or to investigate a charge of noncompliance with the terms of this Chapter.
(f) Notice Requirements. Covered Employers shall be required to provide notice to Covered Employees of their rights arising from this Chapter. The notice will be provided by the FEWB, shall be in both English and Spanish, and must be posted in a conspicuous place frequented by Covered Employees in the Covered Employer’s workplace(s).
(g) Compliance with Federal Labor Laws. Covered Employers must comply with all applicable federal labor laws, including the National Labor Relations Act.
(Ord. 30-03. Passed 7-21-2003.)
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