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Ord 2492
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Ord 2492
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Last modified
4/20/2021 4:31:03 PM
Creation date
4/20/2021 4:30:52 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Ordinance
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
4/12/2021
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04/12/2021 <br />(2) A statement, provided under penalty of perjury, explaining the Covered <br />Employee's hourly Base Wages, hourly Holiday Premiums, hourly <br />Employer -Initiated Hazard Pay, and any other wage bonuses received <br />during the last twelve (12) months; and <br />(3) Documentation reflecting that such Employer -Initiated Hazard Pay <br />payments were made to the Covered Employee for each hour the credit is <br />claimed; and <br />(4) Documentation that allows the Covered Employee to review for <br />compliance by assessing wages for the past twelve (12) months and that <br />is itemized in such a way that the Covered Employee can understand a <br />Covered Employee's Base Wage distinguished from Holiday Premiums <br />and other bonuses or pay increases that are separate and distinct from <br />Employer -Initiated Hazard Pay. <br />(A) The following constitutes acceptable evidence of Employer -Initiated <br />Hazard Pay described in Subsection (b)(4): A spreadsheet, of all <br />Covered Employees and their wages for each pay period for the last <br />twelve (12) months, that allows the Covered Employee to distinguish <br />Base Wage from Holiday Pay and other bonuses or pay increases that <br />are separate and distinct from Employer -Initiated Hazard Pay. <br />(B) Production of the evidence described in Subsection (b)(4)(A) does not <br />exempt any Covered Employer from maintaining, and providing access <br />to, the underlying payroll records described in this Ordinance. <br />(C) Any offer of proof under Subsection (b) shall be accompanied by a written <br />acknowledgment that it was submitted under penalty of perjury. <br />Section 9. Waiver. The provisions of this Ordinance may not be waived by <br />agreement between an individual Covered Employee and a Covered Employer. All the <br />provisions of this Ordinance, or any part thereof, may be waived in a bona fide collective <br />bargaining agreement, but only if the waiver is explicitly set forth in such agreement in <br />clear and unambiguous terms. <br />Section 10. Prohibitions. It shall be unlawful for a Covered Employer or any <br />other Person to interfere with, restrain or deny the existence of, or the attempt to <br />exercise, any rights protected under this Ordinance. Employers shall not take retaliatory <br />action or discriminate against any employee or former employee because the individual <br />has exercised rights protected under this Ordinance. Such rights include, but are not <br />limited to, the right to request Hazard Pay pursuant to this Ordinance; the right to file a <br />complaint or inform any person about an employer's alleged violation of this Ordinance; <br />the right to participate in an investigation, hearing or proceeding or cooperate with or <br />assist investigations of alleged violations of this Ordinance, and the right to inform any <br />person of their rights under this Ordinance. Protections of this Ordinance shall apply to <br />ATTY/ORD.534/CC ORD URGENCY HAZARD PAY ORDINANCE 2492 <br />REV: 04-06-2021 VR MUF NO. 305 <br />Page 6 of 9 <br />
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