The following definitions shall apply to this article:
A. “City” means the City of Los Angeles.
B. “Designated Administrative Agency” means the Office of Wage Standards (OWS) of the Bureau of Contract Administration, which shall bear administrative responsibilities under this article.
C. “Employee” means any individual who:
1. In a particular work week performs at least two hours of work within the geographic boundaries of the City for an Employer; and
2. Qualifies as an employee entitled to payment of a minimum wage from any Employer under the California minimum wage law as provided under Section 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission.
For purposes of this article, a worker is presumed to be an Employee of an Employer, and an Employer has the burden to demonstrate that a worker is a bona fide independent contractor and not an Employee.
D. “Employer” means any Person who:
1. Is identified as a retail business in the North American Industry Classification System (NAICS) within the retail trade categories and subcategories 44 through 45; and
2. Directly, indirectly or through an agent or any other Person, including through the services of a temporary service or staffing agency, exercises control over the wages, hours, or working conditions of any Employee; and
3. Has 300 employees globally. For purposes of determining the number of employees of an Employer, the following shall be included:
(a) Any employee over whom the Employer directly, or through an agent or any other Person, including through the services of a temporary service or staffing agency, exercises control over the wages, hours, or working conditions.
(b) Any employee of an Employer’s subsidiary provided that the subsidiary is identified as a retail business pursuant to Section 185.01 D.1.
(c) Any employee of any Person operating a business pursuant to a Franchise, provided that the franchisee’s business is over 15,000 square feet and identified as a retail business pursuant to Section 185.01 D.1.
Any Person or business whose employees are included in the count of total employees of the Employer, including those identified in Subsections 3.(b) and 3.(c) above, qualifies as an Employer for purposes of this section.
E. “Franchise” means a contract or agreement, either expressed or implied, whether oral or written, between two or more persons by which:
1. A franchisee is granted the right to engage in the business of offering, selling, or distributing goods or services under a marketing plan or system prescribed in substantial part by a franchisor; and
2. The operation of the franchisee’s business pursuant to that plan or system is substantially associated with the franchisor’s trademark, service mark, trade name, logotype, advertising, or other commercial symbol designating the franchisor or its affiliate; and
3. The franchisee is required to pay, directly or indirectly, a Franchise fee.
F. “On-Call Shift” means any Shift for which an Employee must, less than 24 hours in advance of the start of the Shift, either contact the Employer or Employer’s designee, or wait to be contacted by the Employer or Employer’s designee, for the purpose of determining whether the Employee must report to work.
G. “Person” means any person, association, organization, partnership, business trust, limited liability company, or corporation.
H. “Predictability Pay” means the compensation paid to an Employee for changes made by an Employer to an Employee’s Work Schedule as described in Section 185.06. Predictability Pay shall be calculated on an hourly basis at the Employee’s regular rate of pay. This compensation is in addition to any wages earned for work performed by that Employee.
I. “Shift” means the consecutive hours an Employee is required to work including meal and rest periods.
J. “Work Schedule” means the schedule of the hours, days, and times, including On-Call Shifts, when an Employer requires an Employee to work or be on-call to work.