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Minimum Wage

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1. What is the El Cerrito Minimum Wage Ordinance?

The El Cerrito Minimum Wage Ordinance was passed by the El Cerrito City Council on November 17, 2015. The Ordinance requires employers covered by the Ordinance to pay a minimum of $11.60 per hour beginning July 1, 2016 to each employee who performs at least two (2) hours or more per week of work in El Cerrito. The Ordinance designates subsequent increases to the minimum wage.

2. What is the effective date of the El Cerrito Minimum Wage Ordinance?

July 1, 2016 is the effective date of the El Cerrito Minimum Wage Ordinance. Employers covered by the Ordinance must pay their workers a minimum of $11.60 per hour beginning July 1, 2016 and must abide by subsequent increases.

3. What is the El Cerrito minimum wage?

Starting July 1, 2016, the minimum wage is $11.60 per hour.

Starting January 1, 2017, the minimum wage will be $12.25 per hour.

Starting January 1, 2018, the minimum wage will be $13.60 per hour.

Starting January 1, 2019, the minimum wage will be $15.00 per hour.

Every January 1 thereafter, the minimum wage will be adjusted based on the prior year’s Consumer Price Index.

4. What is the difference between the Federal, State and El Cerrito minimum wage laws?

El Cerrito employers are subject to Federal, State and El Cerrito minimum wage laws. When there are conflicting requirements in the laws, the employer must follow the strictest standard; that is, the one that is most favorable to the employee. Since El Cerrito’s current law requires a higher minimum wage rate than does the state and federal law, covered employers are required to pay the El Cerrito’s minimum wage as of July 1, 2016.

5. Where can I find more information about the El Cerrito Minimum Wage Ordinance?

If you have questions, you can call 510-215-4318 or send an email. Information regarding the El Cerrito Minimum Wage Ordinance is available on the City's website: www.el-cerrito.org/wages

6. What is the Consumer Price Index?

The Consumer Price Index (CPI) is the index for urban wage earners and clerical workers for the San Francisco-Oakland-San Jose, CA metropolitan statistical area, on which annual increases to the minimum wage will be based as of January 1, 2020.

7. Who is an employee according to this ordinance?

An employee is any worker who:

1. performs at least two hours of work in a particular week in El Cerrito; and

2. qualifies as an employee entitled to payment of a minimum wage from any employer under the California minimum wage law.

8. Can tips or gratuities be counted toward the minimum wage?

No, employers may not count tips or gratuities as part of the minimum wage.

9. What are the geographic boundaries of El Cerrito?

You can see the city boundaries of El Cerrito here.

10. Can commissions be counted toward the minimum wage?

Yes, employers may count commission earnings toward the minimum wage. To learn more regarding State law about compensating employees, in whole or in part, on a commission basis, read: https://www.dir.ca.gov/dlse/Wages.pdf

11. Does the El Cerrito minimum wage apply to full-time and part-time employees?

Yes. Any person who performs at least two (2) hours of work in a particular week in El Cerrito is covered by the Ordinance.

12. To which employers does the El Cerrito Minimum Wage Ordinance apply?

The El Cerrito Minimum Wage Ordinance applies to any entity or person that conducts business in El Cerrito, or maintains a business facility in the City, and directly or indirectly (including through the services of a temporary services, staffing agency or similar entity) employs or exercises control over the wages, hours or working conditions of any employee. Anyone exempt from payment of the California minimum wage is exempt from the El Cerrito Minimum wage.

13. What are the Minimum Wage Ordinance administrative requirements for covered employers?

In addition to payment of the minimum wage, covered employers are required to:

(1) By November of each year, provide employees with a bulletin announcing the adjusted minimum wage for the upcoming year;

(2) Post a notice at the workplace of the current and prospective minimum wage rates and the employees’ rights under the Ordinance; If 10% or more of workforce at a worksite speaks a language other than English, the Wage Bulletin should also be in that language/languages.

(3) Provide each employee at time of hire with employer’s name, address and telephone number in writing.

(4) Maintain payroll records for a period of three (3) years, including employee’s name, hours worked, pay rate, and service charges collected and distributed; Upon request, provide employee with a written copy of their records within ten (10) days

(5) Permit access to work sites and records for authorized City representatives for the purpose of monitoring compliance with the Ordinance and investigating employee complaints.

The Minimum Wage Ordinance prohibits retaliation or discrimination against any person seeking to enforce the rights provided by the Ordinance.

14. Does the El Cerrito minimum wage cover employees who work in El Cerrito but are not El Cerrito residents?

Yes. Any person who performs at least two (2) hours of work in a particular week in El Cerrito is entitled to be paid the El Cerrito minimum wage.

15. May employers use commission earnings as a credit toward its obligations to pay the El Cerrito minimum wage?

Yes. Employers may count commission earnings toward the minimum wage.

16. May employers use tips as a credit toward its obligations to pay the El Cerrito minimum wage

No. An employer may not use an employee’s tips as a credit toward its obligation to pay the El Cerrito minimum wage.

17. Are employers required to pay the El Cerrito minimum wage to workers who are exempted from the California minimum wage requirements?

No. The El Cerrito Minimum Wage Ordinance requires that employers pay the El Cerrito minimum wage to employees who are entitled to receive the California minimum wage. Certain categories of workers including independent contractors, learners and certain disabled workers are not entitled to the California minimum wage. For further information on these categories of exempted workers, please consult the Industrial Welfare Commission

18. Which minimum wage rate should employers use when employee must be paid a wage using a formula based on the California minimum wage?

State law establishes certain circumstances in which an employee must be paid a wage using a formula based on the California minimum wage. El Cerrito’s Minimum Wage Ordinance requires employees subject to El Cerrito’s minimum wage to be paid a wage using the same formula, but based on El Cerrito’s minimum wage rate.

For example, the California Industrial Welfare Commission Order No. 4-2001 establishes wage requirements for workers who supply their own hand tools and equipment. These same requirements apply in El Cerrito, except that the El Cerrito minimum wage applies rather than the California minimum wage. For more details, read the Minimum Wage Regulations For Employees Using Their Own Tools & Equipment Handout

19. May an employee agree to work for less than the City’s minimum wage?

No. The minimum wage is an obligation of the employer and cannot be waived by agreement except collective bargaining agreements. To the extent required by federal law, all or any portion of the applicable requirements of the El Cerrito Minimum Wage Ordinance may be waived in a bona fide collective bargaining agreement provided that such waiver is explicitly set forth in such agreement in clear and unambiguous terms.

20. What can I do if my employer does not pay me at least the El Cerrito minimum wage?

Workers who believe they are not being paid correctly are encouraged to talk with their employer, or make a complaint to the City of El Cerrito by calling 510-215-4318 or by email, or submit a complaint to the California Labor Commissioner’s Office

21. What can I do if my employer retaliates against me because I question her/him about not being paid the local minimum wage?

Under the El Cerrito Minimum Wage Ordinance, it is unlawful for an employer to retaliate against employees who assert their right to receive the El Cerrito minimum wage. Workers should make a complaint to the City of El Cerrito by calling 510-215-4318 or by email, or submit a complaint to the California Labor Commissioner’s Office.