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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.
(Article Amended In Entirety by Ord. No. 187,710, Eff. 4/1/23.)
Section
188.00 Title and Purpose.
188.01 Authority.
188.02 Definitions.
188.03 Postings and Records.
188.04 Retaliation Prohibited.
188.05 Enforcement.
188.06 Notice of Correction.
188.07 Penalties and Remedies Payable to the Employee.
188.08 Administrative Fines and Penalties Payable to the City.
188.09 Additional Remedies.
188.10 Administrative Appeal.
188.11 Other Remedies Not Affected.
188.12 Outreach.
188.13 Regulations.
188.14 Reports.
188.15 Severability.
This article shall be known as the “Los Angeles Office of Wage Standards Ordinance.” Wage theft occurs when employees are not paid the wages they are owed by their employers. Studies have concluded that employees in Los Angeles are disproportionately affected by the crime of wage theft in the State of California. The Office of Wage Standards within the Bureau of Contract Administration of the Department of Public Works enforces violations of wage theft and sick time benefits of the Los Angeles Minimum Wage Ordinance. The ordinance also establishes penalties and grants authority to the City of Los Angeles Police Commission to deny, revoke or suspend a police permit issued or requested by an employer found to have committed wage theft.
This ordinance authorizes the Office of Wage Standards to enforce the rights and benefits provided by the Fair Work Week Ordinance. By investigating complaints and holding employers accountable, the City will communicate to employers that wage theft and denial of a fair work week will not be tolerated in Los Angeles. Holding employers accountable further serves as a deterrent to future actions by employers who otherwise would violate California wage and labor provisions within the City’s boundaries.
Moreover, imposing penalties and administrative fines for violations of the Los Angeles Minimum Wage Ordinance, the Fair Work Week Ordinance, and the requirements of this article will also serve as a deterrent to employers who choose not to follow the law. The importance of correctly paying wages due and providing sick time to an employee is one of the highest mandates for the welfare of employees working in the City. Similarly, the welfare of employees working in the City requires that retail employers provide advance notice of work schedules, the right to rest 10 hours between shifts, opportunities for additional hours, and predictability pay for late schedule changes.
This article is adopted pursuant to the powers vested in the City of Los Angeles under the laws and Constitution of the State of California and the City Charter, including but not limited to, the police powers vested in the City pursuant to Article XI, Section 7 of the California Constitution and Section 1205(b) of the California Labor Law to ensure compliance with the Los Angeles Minimum Wage law, Los Angeles Municipal Code Section 187.00, et seq., and the Fair Work Week law, Los Angeles Municipal Code Section 185.00, et seq.
As used in this article, the following capitalized terms shall have the following meanings:
“City” shall mean the City of Los Angeles.
“Division” shall mean the Office of Wage Standards of the Bureau of Contract Administration within the Department of Public Works.
“Los Angeles Minimum Wage” means a minimum wage adopted by the Los Angeles City Council pursuant to Los Angeles Municipal Code Section 187.00, et seq.
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