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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.)
(a) The Fair Employment Wage Board (FEWB) shall review the effectiveness of the living wage ordinance to ensure that the community is informed on whether those companies that are being awarded service contracts by the City are adhering to the ordinance. The FEWB shall make recommendations to the Administration and Lakewood City Council, when appropriate, regarding issues pertaining to the living wage policy.
(b) The FEWB shall be composed of the three members of the Civil Service Commission.
(c) The president of the Civil Service Commission shall serve as president of the FEWB. The FEWB shall hold semi-annual meetings and special sessions as called by the president or by a majority of the members. All meetings of the FEWB shall be open to the public and minutes shall be taken. An employee of the City of Lakewood shall be assigned to serve as liaison to the FEWB on matters concerning the enforcement of the Fair Employment Wage Ordinance.
(d) The FEWB shall be provided with and shall review:
(1) All reports on compliance filed by the Applicable Department as provided by this Chapter;
(2) The results of any investigations of Covered Employers as provided by this Chapter;
(3) All applications for exemptions from coverage filed by Service Contractors as provided by this Chapter.
The FEWB shall provide recommendations regarding such matters to City Council.
(Ord. 22-13. Passed 11-4-2013.)
(a) Monitoring.
(1) Enforcement of the provisions of this Chapter will primarily depend on charges of noncompliance filed by Covered Employees who will have been informed of their rights through posting of the notice of such rights and such other educational efforts as may be undertaken by the FEWB. Such charges will result in investigations by the Applicable department, as described below.
(2) The Applicable Department shall have authority to conduct random audits to determine compliance with this Chapter. Failure to cooperate with an audit or the investigation of a complaint may result in sanction as outlined in subsection (i) below.
(b) Any person including a Covered Employee who alleges that his or her employer is not complying with the requirements of this Chapter, may allege that a violation of this section has occurred by filing a charge of noncompliance with the Applicable Department within 180 days of the alleged violation or knowledge thereof. Such charge shall state, in writing and under oath, the name and address of the person making the charge, the name and address of the employer(s) alleged to have committed violation of this Chapter and the particular facts thereof and such other information as may be required. Upon the filing of a charge of noncompliance, the Applicable Department shall acknowledge the receipt of the charge, and shall forward the charge to the FEWB.
(c) Investigations. The Applicable Department shall initiate an investigation to determine whether a violation of this Chapter has occurred under any of the following circumstances:
(1) Upon receiving a charge of noncompliance;
(2) If the Department’s review of information maintained or reported by a Covered Employer indicates that the Covered Employer may have violated this Chapter;
(3) The Department has other reason to believe that a Covered Employer may have violated this Chapter.
(d) Any investigation shall be completed within thirty (30) days of the occurrence triggering the investigation. To the extent permitted by law, the City shall not make public in any manner and shall retain as confidential all information obtained as a result of the preliminary investigation. At the completion of the investigation, the Director of the Applicable Department shall take one of the following actions:
(1) Notify the charging party, if any, the FEWB and the Covered Employer that it is not probable that a violation of this Chapter has been or is being engaged in and that a complaint will not issue in the matter; or
(2) Notify the charging party, if any, the FEWB and the Covered Employer that it is probable that a violation of this Chapter has occurred, initiate a complaint against the Covered Employer and schedule it for informal methods of conciliation pursuant to Division (e) of this section.
(e) Conciliation. If the investigation leads to a finding by the Director of the Applicable Department of probable cause to believe that a Covered Employer is in noncompliance with this Chapter, the Director shall attempt to conciliate the matter. The Director shall send out notice to the Covered Employer(s), the affected Covered Employee(s) and to the FEWB with a time and date set for the conciliation meeting. The conciliation meeting must be scheduled to occur within fifteen (15) working days of completion of the investigation, though for good cause shown it can be rescheduled. If the investigation resulted from a filed charge of noncompliance, a conciliation agreement may not be entered without the consent of both the Covered Employer and the charging party. If the investigation was initiated by the Applicable Department on its own, the Director has authority to enter into a conciliation agreement.
(f) Hearing. If conciliation does not result in a settlement of the complaint, the Director of the Applicable Department shall appoint a Hearing Officer to conduct a hearing on the complaint. Any Hearing Officer shall be either a member of Ohio’s Judiciary or an attorney licensed to practice law in Ohio. The Hearing Officer shall schedule a hearing with a 30-day notice of the hearing provided to the Covered Employer, Covered Employee(s) or other charging parties, if any, and the FEWB. In conducting such hearings, the Hearing Officer shall be empowered to subpoena witnesses, compel their attendance, administer oaths, take sworn testimony and require the production for examination of any documents relating to the complaint.
(g) After the conclusion of the hearing, the Hearing Officer shall report his or her findings to the Director within fifteen (15) days. The Director may adopt, reject or modify the findings of the Hearing Officer. Within seven (7) days after receipt of the findings of the Hearing Officer, the Director shall render a decision in the form of a written order which shall include findings of fact, a statement as to whether the Covered Employer has violated this Chapter and such remedial actions as the Director may order. The order shall be served upon the parties by certified mail within fifteen (15) days of the date of the decision. A copy of the decision shall be provided to the FEWB.
(h) Appeals. Any Covered Employer or Employee who objects to any decision of the Director of the Applicable Department relative to enforcement of this Chapter may appeal such decision to the Common Pleas Court or as otherwise permitted by law.
(i) Sanctions. Any Covered Employer found not to be in compliance with the provisions of this Chapter, who has submitted false or fraudulent information, or who fails to cooperate in an investigation or an audit pursuant to this section, may be subject to one or more of the following sanctions imposed by the City of Lakewood:
(1) Withholding of payments, either in whole or in part, until the Covered Employer cures the default or is in full compliance with this chapter.
(2) Termination, suspension or cancellation of the contract in whole or in part.
(3) Denial of the right of the Covered Employer to bid on future contracts for no more than five (5) years after the violation is found.
(4) In the case of Assistance, to refund any sums disbursed by the City.
(5) The filing of a complaint with any pertinent federal agency.
No remedy set forth in this Chapter is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce any rights granted under this chapter in a court of law.
(j) Retaliation and Discrimination Barred. During the term of the contract, a Covered Employer shall not discharge, reduce the compensation or otherwise discriminate against any employee for making a complaint to the City or otherwise asserting his or her rights under this chapter, participating in any of its proceedings or using any remedies to enforce his or her rights under this Chapter. A person who believes he or she has been retaliated against in violation of this section may file a charge of noncompliance with the Applicable Department. Such charge shall be processed, investigated and, if necessary, conciliated and heard according to the procedure set forth in this Chapter. If, after a hearing, the allegations of retaliation are found to be true, the Director of the Applicable Department shall order appropriate sanctions, including the denial of the right to bid on future City contracts for a specified time period, as provided in subsection (i) in this section.
(k) This Chapter shall not prevent the City or any person from exercising any right or seeking any remedy to which that person might otherwise be entitled, or from filing any complaint with any other agency or court of law or equity.
(Ord. 30-03. Passed 7-21-03.)
(a) Construction and Prevailing-Wage Exemption. Nothing in this Chapter shall apply to jobs in public construction work that are subject to federal and/or state law pertaining to wage rates or covered by prevailing wage agreements or collective bargaining agreements.
(b) Granted Exemptions.
(1) Lakewood City Council may, through the passage of legislation, grant a partial or whole exemption from the requirements of this Chapter on the following grounds:
A. A hardship exemption for otherwise Covered Employers that can demonstrate a specific, particular harm that would be felt uniquely by the Covered Employer if this Chapter were to be applied. Economic harm alone will not suffice to demonstrate hardship unless it is of a type that would not affect any other actual competitor for the contract, subcontract or lease. The following types of specific particular harm may provide grounds for a hardship exemption:
1. A loss of profitability that will result in the elimination of jobs;
2. A loss in profits that will substantially impact the Covered Employer’s long-term stability.
(2) Procedures. Application for an exemption shall be made to the Applicable Department. If the need for the exemption is known to the applicant at the time it applies or during the term of the contract for a Service Contract, the application for the exemption should be submitted with the application for the Service Contract.
A. The Director of the Applicable Department shall review and make a determination on the application within ten (10) days and respond to the applicant in writing, setting forth the reasons for the determination.
1. Notice of the request for an exemption shall be forwarded to the FEWB and the Clerk of Council.
2. A copy of the Director’s determination regarding the application for the hardship exemption shall be forwarded to the FEWB and the Clerk of Council.
B. Should the exemption be recommended by the Director, the Director shall cause legislation to be drafted and acted upon by Council granting the exemption. At such time, the Director shall forward to Council along with the recommendation all supporting documents and other materials, including those supplied by the applicant for the exemption, as provided in the next section. If the exemption is recommended and Council adopts the recommendation before the Service Contract is entered into, the legislation authorizing such contract shall include a provision granting the exemption.
(3) Contents of exemption request.
A. Hardship Exemption requests shall include:
1. The lower wage to be paid by the Covered Employer;
2. A detailed explanation of how the payment of the Fair Employment Wage will cause particular harm; and
3. Supporting financial statements and/or other documents.
(Ord. 30-03. Passed 7-21-03.)
(a) Council reserves the right to waive the requirements of this Chapter upon a finding and determination that it is in the best interests of the City; for example, when the City has declared an emergency due to natural disasters and needs immediate services.
(b) Waivers from the Chapter are disfavored, and will be granted only where the balance of the competing interests weighs clearly in favor of granting the waiver. If waivers are to be granted, partial waivers are favored over blanket waivers. Moreover, any waiver shall not be granted for no more than one year.
(Ord. 30-03. Passed 7-21-03.)
After a three (3) year period from the effective date of this ordinance, an evaluation on the impact of this ordinance shall be done. The Mayor, City Council and the FEWB shall decide on who shall perform the evaluation and the scope of the evaluation. After one (1) year following the effective date of this ordinance, Lakewood City Council shall hold a hearing for the purpose of reviewing this legislation.
(Ord. 30-03. Passed 7-21-03.)
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