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The following contracts are not subject to the Living Wage Ordinance. An Awarding Authority, after consulting with the DAA, may determine whether contracts and/or Employers are not subject to the Living Wage Ordinance due to the following:
(a) a contract where an employee is covered under the prevailing wage requirements of Division 2, Part 7, of the California Labor Code unless the total of the basic hourly rate and hourly health and welfare payments specified in the Director of Industrial Relations' General Prevailing Wage Determinations are less than the minimum hourly rate as required by Section 10.37.2(a) of this article.
(b) a contract with a governmental entity, including a public educational institution or a public hospital.
(c) a contract for work done directly by a utility company pursuant to an order of the Public Utilities Commission.
SECTION HISTORY
Added by Ord. No. 184,318, Eff. 7-7-16.
Amended by: In Entirety, Ord. No. 185,321, Eff. 1-20-18.
Upon the request of an Employer, the DAA may exempt compliance with this article. An Employer seeking an exemption must submit the required documentation to the DAA for approval before the exemption takes effect.
(a) A Public Lessee or Licensee, that employs no more than seven people total on and off City property shall be exempted. A lessee or licensee shall be deemed to employ no more than seven people if the company’s entire workforce worked an average of no more than 1,214 hours per month for at least three- fourths of the previous calendar year. If a Public Lease or License has a term of more than two years, the exemption granted pursuant to this section shall expire after two years, but shall be renewable in two- year increments.
(b) Non-Profit Organizations. Corporations organized under Section 501(c)(3) of the United States Internal Revenue Code of 1954, 26 U.S.C. § 501(c)(3), whose chief executive officer earns a salary which, when calculated on an hourly basis, is less than eight times the lowest wage paid by the corporation, shall be exempted as to all Employees other than child care workers.
(c) Students. High school and college students employed in a work study or employment program lasting less than three months shall be exempt. Other students participating in a work-study program shall be exempt if the Employer can verify to the DAA that:
(1) The program involves work/training for class or college credit and student participation in the work-study program is for a limited duration, with definite start and end dates; or
(2) The student mutually agrees with the Employer to accept a wage below this article’s requirements based on a training component desired by the student.
(d) Nothing in this article shall limit the right of the Council to waive the provisions herein.
(e) Nothing in this article shall limit the right of the DAA to waive the provisions herein with respect to and at the request of an individual Employee who is eligible for benefits under Medicare, a health plan through the U.S. Department of Veteran Affairs or a health plan in which the Employee’s spouse, domestic partner or parent is a participant or subscriber to another health plan. An Employee who receives this waiver shall only be entitled to the hourly wage pursuant to Section 10.37.2(a)(2)(i).
SECTION HISTORY
Added by Ord. No. 184,318, Eff. 7-7-16.
Amended by: In Entirety, Ord. No. 185,321, Eff. 1-20-18.
If any subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION HISTORY
Added by Ord. No. 172,336, Eff. 1-14-99.
Amended by: In Entirety, Ord. No. 184,318, Eff. 7-7-16; In Entirety, Ord. No. 185,321, Eff. 1-20-18.
The City shall not enter into or renew any lease of City property, nor shall it exercise any option pursuant to such lease, where:
1. the lessee is engaged in business within the City of Los Angeles; and
2. the lessee is required to obtain a Tax Registration Certificate pursuant to Articles 1 (Business Tax Ordinance), 1.3 (Commercial Tenant’s Occupancy Tax), 1.7 (Transient Occupancy Tax), 1.11 (Payroll Expense Tax), or 1.15 (Parking Occupancy Tax) of Chapter II of the Los Angeles Municipal Code; and
3. the lessee has failed to obtain such Certificate(s) and/or has failed to remit any tax payment as specified in said articles.
SECTION HISTORY
Former Section Added by Ord. No. 172,351, Eff. 1-30-99.
Former Section Repealed by Ord. No. 173,591, Eff. 12-7-00.
Article and Section Added by Ord. No. 172,486, Eff. 4-12-99.
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