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04/09/2018 SEC. 46.030. — Minimum Wage. a. Employers shall pay Employees no less than the minimum wage set forth in this Chapter for each hour worked within the geographic boundaries of the City. b. On January 1, 2019, the Minimum Wage shall be an hourly rate of thirteen dollars and fifty cents ($13.50). On January 1, 2020, the Minimum Wage shall be an hourly rate of fifteen dollars ($15.00) plus an amount corresponding to the prior year's increase, if any, in the cost of living. (For example, if the cost of living increases by 5% in the prior year, then on January 1, 2020, the Minimum Wage will be $15.00 + ($15.00 x .05), or $15.75.) To prevent inflation from eroding its value, beginning on January 1, 2021, and each year thereafter, the Minimum Wage shall increase by an amount corresponding to the prior year's increase, if any, in the cost of living. The increase in the cost of living for any year shall be measured by the percentage increase, if any, in the Consumer Price Index for San Francisco -Oakland -San Jose (or its successor index) as published by the U.S. Department of Labor or its successor agency (CPI). The increase shall be calculated by using the August to August change in the CPI. A decrease in the CPI shall not result in a decrease in the Minimum Wage. c. An Employee who is a Learner shall be paid no less than eighty-five percent (85%) of the applicable Minimum Wage for the first 160 hours of employment. Thereafter, the Employee shall be paid the applicable Minimum Wage. d. An Employer may not deduct an amount from wages due an Employee on account of any tip or gratuity, or credit the amount or any part thereof, of a tip or gratuity, against, or as part of, the wages due the Employee from the Employer. e. No Employer may fund increases in compensation required by this Chapter, nor otherwise respond to the requirements of this Chapter, by reducing the wage rate paid to any Employee, nor by increasing charges to them for parking, meals, uniforms or other items, nor by reducing the citation or other non -wage benefits of any such Employee, nor by increasing the share any Employee pays towards her/his benefits, except to the extent such prohibition would be pre-empted by the Federal Employee Retirement Income Security Act. f. A violation for unlawfully failing to pay the Minimum Wage shall be deemed to continue from the date immediately following the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) Page 3 of 8 ATTY/ORD.458/RC MINIMUM WAGE ORDINANCE NO. 2443 REV: 04-02-18 IS MUFF NO. 205