San Jose Ca.Gov
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File #: 21-280    Version: 1
Type: Community & Economic Development Status: Agenda Ready
File created: 2/3/2021 In control: City Council
On agenda: 2/9/2021 Final action:
Title: Hazard Pay for Retail Food Workers.
Attachments: 1. Memorandum, 2. Replacement Memorandum, 2/2/2021, 3. Memorandum from Mayor, 2/1/2021, 4. Memorandum from Jones, 2/2/2021, 5. Memorandum from Mahan, 2/9/2021, 6. Letter from SCC D4 Supervisor, 7. (a) Ordinance, 8. (b) Ordinance, 9. Letters from the Public - 1 of 3, 10. Letters from the Public - 2 of 3, 11. Letters from the Public - 3 of 3

...Title

Hazard Pay for Retail Food Workers.

...Recommendation

As recommended by the Rules and Open Government Committee on February 3, 2021 and directed by the City Council on February 2, 2021:

(a)                     Adopt an uncodified urgency ordinance requiring hazard pay for retail food workers that includes but is not limited to the following provisions:

 (1) Guarantees hazard pay of an additional three dollars an hour for retail food workers;

 (2) Applies to retail establishments that sell meats, poultry, dairy products, fresh fruits and vegetables and have at least 300 employees nationwide;

 (3) Allows for a private right of action;

 (4) Includes a credit for retail establishments that currently provide pay increases related to the COVID-19 pandemic;

 (5) Includes an exemption for small business franchisees/publicly owned; and

 (6) Commences immediately upon Council approval and continues for 120 days, at which point the Council will evaluate the impacts of the ordinance and decide whether to extend hazard pay for additional time.

PLEASE NOTE: APPROVAL OF THIS URGENCY ORDINANCE REQUIRES 8 OR MORE AFFIRMATIVE VOTES (2/3) 

(b)                     Approve an uncodified ordinance requiring hazard pay for retail food workers that that includes but is not limited to the following provisions:

 (1) Guarantees hazard pay of an additional three dollars an hour for retail food workers;

 (2) Applies to retail establishments that sell meats, poultry, dairy products, fresh fruits and vegetables and have at least 300 employees nationwide;

 (3) Allows for a private right of action;

 (4) Includes a credit for retail establishments that currently provide pay increases related to the COVID 19 pandemic;

 (5)                     Includes an exemption for small business franchisees/publicly owned; and

 (6) Commences on the effective date of the ordinance and continues for 120 days, at which point the Council will evaluate the impacts of the ordinance and decide whether to extend hazard pay for additional time.

CEQA: Not a Project, File No. PP17 010, City Organization & Administrative Activities resulting in no changes to the physical environment. (Jimenez)

[City Council referral 2/2/2021 - Item 3.4 (21-256)]

[Rules Committee referral 1/27/2021 - Item G.3 and 2/3/2021 - Item A.1.a]