(3) A contractual relationship in which a nonprofit health care service plan provides medical services to enrollees in a specific geographic region of the state through an affiliated hospital system, and contracts with a single Covered Physician Group in each geographic region of the state to provide medical services to a majority of the plan's enrollees in that region.
"Minimum Wage" means the minimum amount that must be paid to Employees as compensation for their labor, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation. "Minimum Wage" does not include bonuses, shift differentials, premium pay, reimbursement or allowances for work-related equipment or other expenses, credits for meals or lodging, tips, gratuities, or the cost of medical, dental, retirement or similar benefits.
"Person" means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
5.92.030 Payment of Minimum Wage to Healthcare Workers. (a) An Employer shall ensure that each Healthcare Worker it employs, or over whom it exercises control, is paid a Minimum Wage equivalent to no less than the hourly rate set forth herein or under the authority of this chapter for hours worked within the geographic boundaries of the City.
(b) The Minimum Wage for Healthcare Workers shall be as follows:
(1) On the effective date of this chapter, the Minimum Wage shall be no less than $25 per hour.
(2) On January 1,2024, and annually thereafter, the Minimum Wage shall increase based on the annual increase in the cost of living, as measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Los Angeles metropolitan area (Los Angeles-Long Beach-Anaheim, CA), which is published by the Bureau of Labor Statistics. The City shall publish a bulletin announcing the adjusted rates, which shall take effect on January 1 ofeach year. (c) An Employer may not fund the Minimum Wage increases required by this chapter in any of the following ways:
(1) Reducing Healthcare Workers' premium pay rates or shift differentials; (2) Reducing vacation, healthcare, or other non-wage benefits of any Healthcare Worker; (3) Reducing Healthcare Workers' hours of work;
(4) Laying off Healthcare Workers; or
(5) Increasing charges to any Healthcare Worker for parking, work-related materials or equipment.
(d) An Employer is in violation of subsection (c) of this section if the Minimum Wage requirements of this chapter are a motivating factor in the Employer's decision to take any of the actions described in subsection (c) of this section, unless the Employer proves 3
that it would have taken the same action at the time that it did inespective of the operation of this chapter.
5.92.040 Retaliation.
No Employer shall discharge, terminate a contract with, reduce compensation to, or otherwise discriminate against or take adverse action against any Healthcare Worker for opposing any practice proscribed by this chapter, for participating in proceedings related to this chapter, for seeking to enforce rights under this chapter by any lawful means, or for otherwise asserting rights under this chapter. Protections of this section shall apply to any Healthcare Worker who mistakenly, but in good faith, alleges noncompliance with this chapter. Taking any adverse action against a Healthcare Worker within 90 days of the Healthcare Worker's exercise of rights protected under this chapter shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights.
5.92.050 Posting and payroll records.
(a) Covered Healthcare Facilities shall post in a conspicuous place a notice of the current Minimum Wage for Healthcare Workers required by this chapter. (b) Employers of Healthcare Workers shall retain payroll records pertaining to Healthcare Workers for a minimum of four years, and shall allow the City or its designee access to such records, with appropriate notice and during business hours, to monitor compliance with the requirements of this chapter.
5.92.060 Enforcementandimplementation.
(a) The City shall have responsibility for enforcement of this chapter, including, at a minimum:
(1) Establishing a process for reporting complaints of violations of this chapter. (2) Establishing and implementing processes for investigating complaints and other possible violations of this chapter. Employers and Covered Healthcare Facilities shall cooperate fully in any such investigation.
(3) Establishing and implementing an administrative citation process that may include the issuance of correction orders, a hearing and appeal process, and the imposition of administrative fines or penalties owed to the City.
(4) Taking appropriate enforcement action through the administrative citation process, civil actions, or other approaches on behalf of Healthcare Workers, collecting back wages and any other amounts owed to Healthcare Workers, and disbursing them to Healthcare Workers.
(5) Conducting any other education and enforcement activities necessary to ensure compliance with this chapter.
(b) The City is authorized to promulgate rules and regulations and issue determinations and interpretations relating to this chapter that are consistent with its purposes. (c) The City may seek to enter into an agreement with the Department of Consumer and Business Affairs of the County of Los Angeles to allow the County's Wage Enforcement Program to provide wage enforcement and education services necessary 4
for enforcement of this chapter. If the City and County enter into such an agreement, it may include any services necessary to carry out the enforcement and education responsibilities and activities described in subsection (a) of this section or pursuant to rules and regulations relating to this chapter.
(d) A Healthcare Worker, a representative of a Healthcare Worker, the City Attorney, or another Person acting on behalf of the public as provided for under applicable state law may bring a civil action in a court of competent jurisdiction against an Employer violating this chapter. If the City, a Healthcare Worker, or a representative of a Healthcare Worker prevails in the action, the Court shall impose all remedies available under the law or in equity, including injunctive or other equitable relief, reinstatement, the payment of any wages unlawfully withheld, the payment of penalties in the amount of up to $120 to each Healthcare Worker for each day that a violation occurred or continued, and reasonable attorneys' fees and costs. For retaliatory action by the Employer, the Healthcare Worker shall be entitled to reinstatement and a trebling of all wages and penalties owed. Any other Person enforcing this chapter on the public's behalf, upon prevailing, shall be entitled to an award of only equitable, injunctive, and./or restitutionary relief, and reasonable attorneys' fees and costs.
5.92.070 No waiver of rights.
Any waiver by a Healthcare Worker of any or all of the provisions of this chapter or of rights or protections afforded under the authority of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.
5.92.080 Coexistence with other available relief.
The provisions of this chapter shall not be construed as limiting any Healthcare Worker's right to obtain relief to which the Healthcare Worker may be entitled at law or in equity.
5.92.090 One-year court-granted waiver.
This Chapter is not intended to cause reduction in employment or work hours for Healthcare Workers. Therefore, a court may grant a one-year waiver from the Minimum Wage requirements of this chapter if an Employer can demonstrate by substantial evidence that compliance with this chapter would raise substantial doubt about the Employer's ability to continue as a going concern under generally accepted accounting standards. The evidence must include documentation of the Employer's financial condition, as well as the condition of any parent or affiliated entity, and evidence of the actual or potential direct financial impact of compliance with this chapter. A one- year waiver granted by a court pursuant to this section does not exempt an Employer from complying with any and all federal, state, or local laws and regulations, including any other applicable federal, state, or local minimum wage requirement.
5.92.100 Conflicts.
Nothing in this chapter shall be interpreted or applied so as to create any power or duty in conflict with any federal or state law.
5.92.110 Severability.
If any subsection, sentence, clause, phrase, or provision of this chapter is found invalid or unconstitutional by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
5
SECTION 3. Effective Date.
If the City Council approves this measure, or if a majority of the voters pass this Ordinance, it shall take effect on the earliest date allowed by law.
6
Staff Report
July 6, 2022
ATTACHMENT 4
Draft Resolutions
1 RESOLUTION NO. _____
A RESOLUTION CERTIFYING THAT AN INITIATIVE ENTITLED
“AN INITIATIVE REQUIRING PERSONS EMPLOYING PART-
TIME AND FULL-TIME HEALTHCARE WORKERS INCLUDING,
WITHOUT LIMITATION, CLINICIANS, NURSES, CERTIFIED
NURSING ASSISTANTS, AIDES, TECHNICIANS,
MAINTENANCE WORKERS, JANITORIAL OR HOUSEKEEPING
STAFF PERSONS, GROUNDSKEEPERS, GUARDS, FOOD
SERVICE WORKERS, LAUNDRY WORKERS, PHARMACISTS,
NONMANAGERIAL ADMINISTRATIVE WORKERS, AND
BUSINESS CLERICAL WORKERS (BUT NOT MANAGERS OR
SUPERVISORS) TO PAY A MINIMUM HOURLY WAGE OF $25
TO BE INCREASED ON AN ANNUAL BASIS.” QUALIFIES FOR
THE BALLOT.
The City Council of the city of Monterey Park resolves as follows:
SECTION 1: The City Council finds as follows:
A. On February 11, 2022, proponents of an initiative entitle d “AN
INITIATIVE REQUIRING PERSONS EMPLOYING PART-TIME AND
FULL-TIME HEALTHCARE WORKERS INCLUDING, WITHOUT
LIMITATION, CLINICIANS, NURSES, CERTIFIED NURSING
ASSISTANTS, AIDES, TECHNICIANS, MAINTENANCE WORKERS,
JANITORIAL OR HOUSEKEEPING STAFF PERSONS,
GROUNDSKEEPERS, GUARDS, FOOD SERVICE WORKERS,
LAUNDRY WORKERS, PHARMACISTS, NONMANAGERIAL
ADMINISTRATIVE WORKERS, AND BUSINESS CLERICAL WORKERS
(BUT NOT MANAGERS OR SUPERVISORS) TO PAY A MINIMUM
HOURLY WAGE OF $25 TO BE INCREASED ON AN ANNUAL BASIS”
(the “Initiative”) submitted petitions to the City Clerk for signature verification;
B. On or about June 13, 2022 the City Clerk certified the Initiative as qualifying for the ballot. A copy of that certification is attached as Exhibit “A,” and incorporated by reference;
C. In accordance with Elections Code § 9214, the Initiative has sufficient signatures for a special election as requested in the petition; and
D. Elections Code § 9214 requires (1) ask for a report on the effects of the Initiative; (2) adopt the Initiative (verbatim); or (3) place the Initiative on the ballot.
2 SECTION 2: Qualified for Election. Based upon the foregoing, the Initiative qualifies for a special election. If approved by a separately adopted City Council resolution, the City Clerk is directed to place the Initiative on the ballot for a special municipal election at a date yet to be determined.
SECTION 3: Recordation. The City Clerk must certify to the passage and adoption of this Resolution; enter the same in the book of original Resolutions; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.
SECTION 4: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 5: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 6 th day of July, 2022.
____________________________
Henry Lo, Mayor
ATTEST:
____________________________
Vincent D. Chang, City Clerk
APPROVED AS TO FORM:
____________________________
Karl H. Berger, City Attorney
CITY OF MONTEREY PARK
320 West Newmark Avenue • Monterey Park • California 91754-2896 www.montereypark.ca.gov
Cit
y Council
Peter Chan
Hans Liang
Henry Lo
Yvonne Yiu
City
Clerk
Vincent D. Chang
Cit
y Treasurer
Joseph Leon
CERTI
FICATE OF SUFFICIENCY
OF PETITION
I, V
incent D. Chang, City Clerk of the City of Monterey Park, California, do hereby certify the following:
An ini
tiative petition (the “Petition”) was filed with me on February 11, 2022. The petition was forwarded to the Los Angeles County Registrar of Voters, where the petition signatures were fully examined and verified pursuant to Elections Code § 9114.
The num
ber of registered voters in the City of Monterey Park, as reported to the Secretary of State on January 4, 2022 is 31 ,805. Pursuant to Elections Code § 9215, the Petition is considered sufficient if signed by at least 10% of the voters of the City, or 3,181.
The res
ults of the examination by the Registrar of Voters were as follows:
1. Numb
er of signatures filed by proponent (raw count): 4,216
2. Number of signatures verified: 4,216
a. Numb
er of signatures found sufficient: 3,272
b. Number of signatures found not sufficient: 944
Insufficient because of DUPLICATE 166
The ful
l signature verification performed by the Registrar of Voters shows the percentage of valid petition signatures is 10%. Since the Petition has sufficient signatures to qualify it for the ballot, and because it may otherwise substantial ly comply with the Elections Code, I certify the Petition to be sufficient.
I here
by set my hand and official seal this 13 th day of June, 2022 at Monterey Park, California.
_________
_________________
VINCENT D. CHANG
City Clerk
Exhibit A
RESOLUTION NO.
A RESOLUTION ADDING AN INITIATIVE MEASURE TO THE BALLOT FOR THE PREVIOUSLY CALLED NOVEMBER 8, 2022, REGULAR
MUNICIPAL ELECTION PURSUANT TO ELECTIONS CODE § 9215
The City Council of the city of Monterey Park resolves as follows:
SECTION 1: Pursuant to Elections Code § 9215, the City Council places an initiative on the ballot for the municipal election scheduled for Tuesday, November 8, 2022.
SECTION 2: A copy of the initiative to be considered by the voters is attached as Exhibit "A," and incorporated by reference.
SECTION 3: Pursuant to Elections Code § 13119, the exact form of the question to be voted on at the election as it should appear on the ballot is as follows:
Shall an initiative requiring persons employing part-
time and full-time healthcare workers including,
without limitation, clinicians, nurses, certified
nursing assistants, aides, technicians, maintenance
workers, janitorial or housekeeping staff persons,
groundskeepers, guards, food service workers,
laundry workers, pharmacists, nonmanagerial
administrative workers, and business clerical
workers (but not managers or supervisors) to pay a
minimum hourly wage of $25 to be increased on an
annual basis, be adopted?
YES
NO
SECTION 4: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 5: Recordation. The City Clerk must certify to the passage and adoption of this Resolution; enter the same in the book of original Resolutions; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.
SECTION 6: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
Resolution Report
July 6, 2022
PASSED AND ADOPTED this 6
th day of July, 2022.
____________________________
Henry Lo, Mayor
ATTEST:
____________________________
Vincent D. Chang, City Clerk
APPROVED AS TO FORM:
____________________________
Karl H. Berger, City Attorney
Ordinance No.
An ordinance proposed by initiative petition to add Chapter 5.92 to Title 5 of the Monterey Park Municipal Code, establishing the "Healthcare Workers Minimum Wage Ordinance."
THE PEOPLE OF THE CITY OF MONTEREY PARK
DO ORDAIN AS FOLLOWS:
SECTION 1. Name.
This measure shall be known as the'oHealthcare Workers Minimum Wage Ordinance." SECTION 2. Chapter 5.92, entitled HEALTHCARE WORKERS I\dINIMUM WAGE, is added to Title 5 of the Monterey Park Municipal Code, to read:
5.92.010 Findings and purposes.
This Ordinance, adopted by the People of the City of Monterey Park, makes the following findings and has the following purposes:
(a) The purpose of this Ordinance is to establish a minimum wage for covered healthcare workers within the City of Monterey Park.
(b) The City of Monterey Park needs a sufficient healthcare workforce to ensure that healthcare facilities that provide necessary care to residents and visitors offer consistent timely, high-quality care. Hospitals, health systems, and clinics are facing staffing shortages that could jeopardize the availability of care in our city. Healthcare job vacancies are rising as workers on the frontlines deal with the emotional, mental, and physical fallout of providing healthcare during a pandemic. Workforce shortages across industries also mean that the healthcare industry is competing with other economic sectors to fill critical non-clinical positions such as for cleaning staff, food service workers, and IT administrators. With rising housing costs, healthcare workers are being forced to live further from their places of work, increasing their stress and leading to retention challenges. While healthcare workers are experiencing unprecedentedly difficult working conditions and burnout, the healthcare industry received billions of dollars in stimulus funds during the pandemic and many CEOs were paid compensation packages in the millions. The healthcare industry needs to fairly compensate workers who are sacrificing every day to care for their patients. Raising the minimum wage will help address retention challenges and workforce shortages affecting healthcare facilities in Monterey Park, and will fairly compensate healthcare workers for their contributions and sacrifices.
5.92.020 Definitions.
The following definitions shall apply to this chapter:
"City" means the City of Monterey Park.
'6Covered Healthcare Facility" means the following types of facilities, provided that they are privately owned and are located within the boundaries of the City:
(1) A licensed general acute care hospital as defined in Section I250(a) of the California Health and Safety Code, including a distinct part of any such hospital.
I
Exhibit A
(2) A clinic, as defined in Section 1206(d) of the California Health and Safety Code, that is conducted, operated, or maintained as an outpatient department of a general acute care hospital or acute psychiatric hospital.
(3) A licensed acute psychiatric hospital as defined in Section 1250(b) of the California Health and Safety Code, including a distinct part of any such hospital. (4) A licensed chronic dialysis clinic as described in Section 0Oa@)Q) of the California Health and Safety Code.
(5) A licensed psychiatric health facility as defined in Section 1250.2 of the California Health and Safety Code.
(6) All facilities that are part of an Integrated Healthcare Delivery System. "Covered Physician Group" means a medical group practice, including a professional medical corporation as defined in Section 2406 of the California Business and Professions Code, another form of corporation controlled by physicians and surgeons, a medical partnership, or an independent practice association, provided that the group includes a total of l0 or more physicians.
"Employee" has the same meaning as in Section 2775 of the California Labor Code. ooEmployer" means any Person, including a corporate officer or executive, who directly or indirectly or through any other Person, including through the services of a temporary service, staffing agency, or similar entity, employs or exercises control over the wages, hours or working conditions of any Employee.
"Ifealthcare Worker" means an Employee who is employed to work at or by a Covered Healthcare Facility to provide patient care, healthcare services, or services supporting the provision of healthcare. ooHealthcare Worker" includes a clinician, professional, non- professional, nurse, certified nursing assistant, aide, technician, maintenance worker, janitorial or housekeeping staffperson, groundskeeper, guard, food service worker, laundry worker, pharmacist, nonmanagerial administrative worker and business office clerical worker, but does not include a manager or supervisor. A "Healthcare Worker" works at a Covered Healthcare Facility only if that individual's primary work assignment is physically located at one or more such facilities; for example, delivery workers employed principally outside a Covered Healthcare Facility are not Healthcare Workers for purposes of this chapter unless employed by such a facility.
oolntegrated Healthcare Delivery System" means a system that includes both of the following: (1) one or more hospitals and(2) Covered Physician Groups, health care service plans, medical foundation clinics, or other facilities or entities, where the hospital or hospitals and other facilities or entities are related through:
(1) Parent/subsidiary relationships, common ownership or control, or common boards of directors and shared senior management; or
(2) A contractual relationship in which affiliated Covered Physician Groups or medical foundation clinics contract with a health care service plan, hospital or other part of the system, all operating under a common trade name; or
2
(3) A contractual relationship in which a nonprofit health care service plan provides medical services to enrollees in a specific geographic region of the state through an affiliated hospital system, and contracts with a single Covered Physician Group in each geographic region of the state to provide medical services to a majority of the plan's enrollees in that region.
"Minimum Wage" means the minimum amount that must be paid to Employees as compensation for their labor, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation. "Minimum Wage" does not include bonuses, shift differentials, premium pay, reimbursement or allowances for work-related equipment or other expenses, credits for meals or lodging, tips, gratuities, or the cost of medical, dental, retirement or similar benefits.
"Person" means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
5.92.030 Payment of Minimum Wage to Healthcare Workers. (a) An Employer shall ensure that each Healthcare Worker it employs, or over whom it exercises control, is paid a Minimum Wage equivalent to no less than the hourly rate set forth herein or under the authority of this chapter for hours worked within the geographic boundaries of the City.
(b) The Minimum Wage for Healthcare Workers shall be as follows:
(1) On the effective date of this chapter, the Minimum Wage shall be no less than $25 per hour.
(2) On January 1,2024, and annually thereafter, the Minimum Wage shall increase based on the annual increase in the cost of living, as measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Los Angeles metropolitan area (Los Angeles-Long Beach-Anaheim, CA), which is published by the Bureau of Labor Statistics. The City shall publish a bulletin announcing the adjusted rates, which shall take effect on January 1 ofeach year. (c) An Employer may not fund the Minimum Wage increases required by this chapter in any of the following ways:
(1) Reducing Healthcare Workers' premium pay rates or shift differentials; (2) Reducing vacation, healthcare, or other non-wage benefits of any Healthcare Worker; (3) Reducing Healthcare Workers' hours of work;
(4) Laying off Healthcare Workers; or
(5) Increasing charges to any Healthcare Worker for parking, work-related materials or equipment.
(d) An Employer is in violation of subsection (c) of this section if the Minimum Wage requirements of this chapter are a motivating factor in the Employer's decision to take any of the actions described in subsection (c) of this section, unless the Employer proves 3
that it would have taken the same action at the time that it did inespective of the operation of this chapter.
5.92.040 Retaliation.
No Employer shall discharge, terminate a contract with, reduce compensation to, or otherwise discriminate against or take adverse action against any Healthcare Worker for opposing any practice proscribed by this chapter, for participating in proceedings related to this chapter, for seeking to enforce rights under this chapter by any lawful means, or for otherwise asserting rights under this chapter. Protections of this section shall apply to any Healthcare Worker who mistakenly, but in good faith, alleges noncompliance with this chapter. Taking any adverse action against a Healthcare Worker within 90 days of the Healthcare Worker's exercise of rights protected under this chapter shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights.
5.92.050 Posting and payroll records.
(a) Covered Healthcare Facilities shall post in a conspicuous place a notice of the current Minimum Wage for Healthcare Workers required by this chapter. (b) Employers of Healthcare Workers shall retain payroll records pertaining to Healthcare Workers for a minimum of four years, and shall allow the City or its designee access to such records, with appropriate notice and during business hours, to monitor compliance with the requirements of this chapter.
5.92.060 Enforcementandimplementation.
(a) The City shall have responsibility for enforcement of this chapter, including, at a minimum:
(1) Establishing a process for reporting complaints of violations of this chapter. (2) Establishing and implementing processes for investigating complaints and other possible violations of this chapter. Employers and Covered Healthcare Facilities shall cooperate fully in any such investigation.
(3) Establishing and implementing an administrative citation process that may include the issuance of correction orders, a hearing and appeal process, and the imposition of administrative fines or penalties owed to the City.
(4) Taking appropriate enforcement action through the administrative citation process, civil actions, or other approaches on behalf of Healthcare Workers, collecting back wages and any other amounts owed to Healthcare Workers, and disbursing them to Healthcare Workers.
(5) Conducting any other education and enforcement activities necessary to ensure compliance with this chapter.
(b) The City is authorized to promulgate rules and regulations and issue determinations and interpretations relating to this chapter that are consistent with its purposes. (c) The City may seek to enter into an agreement with the Department of Consumer and Business Affairs of the County of Los Angeles to allow the County's Wage Enforcement Program to provide wage enforcement and education services necessary 4
for enforcement of this chapter. If the City and County enter into such an agreement, it may include any services necessary to carry out the enforcement and education responsibilities and activities described in subsection (a) of this section or pursuant to rules and regulations relating to this chapter.
(d) A Healthcare Worker, a representative of a Healthcare Worker, the City Attorney, or another Person acting on behalf of the public as provided for under applicable state law may bring a civil action in a court of competent jurisdiction against an Employer violating this chapter. If the City, a Healthcare Worker, or a representative of a Healthcare Worker prevails in the action, the Court shall impose all remedies available under the law or in equity, including injunctive or other equitable relief, reinstatement, the payment of any wages unlawfully withheld, the payment of penalties in the amount of up to $120 to each Healthcare Worker for each day that a violation occurred or continued, and reasonable attorneys' fees and costs. For retaliatory action by the Employer, the Healthcare Worker shall be entitled to reinstatement and a trebling of all wages and penalties owed. Any other Person enforcing this chapter on the public's behalf, upon prevailing, shall be entitled to an award of only equitable, injunctive, and./or restitutionary relief, and reasonable attorneys' fees and costs.
5.92.070 No waiver of rights.
Any waiver by a Healthcare Worker of any or all of the provisions of this chapter or of rights or protections afforded under the authority of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.
5.92.080 Coexistence with other available relief.
The provisions of this chapter shall not be construed as limiting any Healthcare Worker's right to obtain relief to which the Healthcare Worker may be entitled at law or in equity.
5.92.090 One-year court-granted waiver.
This Chapter is not intended to cause reduction in employment or work hours for Healthcare Workers. Therefore, a court may grant a one-year waiver from the Minimum Wage requirements of this chapter if an Employer can demonstrate by substantial evidence that compliance with this chapter would raise substantial doubt about the Employer's ability to continue as a going concern under generally accepted accounting standards. The evidence must include documentation of the Employer's financial condition, as well as the condition of any parent or affiliated entity, and evidence of the actual or potential direct financial impact of compliance with this chapter. A one- year waiver granted by a court pursuant to this section does not exempt an Employer from complying with any and all federal, state, or local laws and regulations, including any other applicable federal, state, or local minimum wage requirement.
5.92.100 Conflicts.
Nothing in this chapter shall be interpreted or applied so as to create any power or duty in conflict with any federal or state law.
5.92.110 Severability.
If any subsection, sentence, clause, phrase, or provision of this chapter is found invalid or unconstitutional by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
5
SECTION 3. Effective Date.
If the City Council approves this measure, or if a majority of the voters pass this Ordinance, it shall take effect on the earliest date allowed by law.
6
RESOLUTION NO.
A RESOLUTION ESTABLISHING REQUIREMENTS FOR BALLOT
ARGUMENTS FILED WITH THE CITY CLERK TO BE INCLUDED WITH VOTER INFORMATION FOR THE GENERAL ELECTION ON NOVEMBER 8, 2022.
The City Council of the city of Monterey Park resolves as follows:
SECTION 1: Pursuant to Elections Code § 9281, qualified voters may submit arguments for and against the ballot measures, in addition to rebuttal arguments, for the November 8, 2022 General Municipal Election on forms provided by the City Clerk.
SECTION 2: Arguments filed in accordance with this Resolution must comply with the following requirements in accordance with Elections Code §§ 9282, 9283, 9285, and 9286:
A. Arguments must be in writing and not exceed three hundred (300) words except for rebuttal argument which may not exceed two hundred and fifty (250) words;
B. Arguments may be submitted by the City Council; any councilmember authorized to submit an argument by the City Council; any individual voter eligible to vote on the measures; any bona fide association of citizens; or any combination of voters and associations;
C. Arguments must be typewritten in at least a 12 point font;
D. Arguments may not include underlining, italics, asterisks, or other, similar, type of formatting;
E. Arguments must be accompanied by the printed name and signature or printed names and signatures of the person or persons submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers.
F. If more than five signatures accompany an argument, only the first five will be printed.
G. Arguments for or against the ballot measures must be received in the City Clerk’s office not later than 14 days after the City Council calls for an election .
Rebuttal arguments must be received not later than 10 days after the Arguments submittal deadline.
SECTION 3: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 4. Recordation. The City Clerk will certify to the passage and adoption of this
Resolution No.
Resolution; enter the same in the book of original Resolutions; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.
SECTION 5: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 6
th day of July, 2022.
________________________________
Henry Lo, Mayor
ATTEST:
Vincent D. Chang, City Clerk
APPROVED AS TO FORM:
____________________________
Karl H. Berger, City Attorney
RESOLUTION NO.
A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS OF THE INITIATIVE ENTITLED “AN INITIATIVE
REQUIRING PERSONS EMPLOYING PART-TIME AND FULL-TIME
HEALTHCARE WORKERS INCLUDING, WITHOUT LIMITATION,
CLINICIANS, NURSES, CERTIFIED NURSING ASSISTANTS, AIDES,
TECHNICIANS, MAINTENANCE WORKERS, JANITORIAL OR
HOUSEKEEPING STAFF PERSONS, GROUNDSKEEPERS, GUARDS,
FOOD SERVICE WORKERS, LAUNDRY WORKERS, PHARMACISTS,
NONMANAGERIAL ADMINISTRATIVE WORKERS, AND BUSINESS
CLERICAL WORKERS (BUT NOT MANAGERS OR SUPERVISORS) TO
PAY A MINIMUM HOURLY WAGE OF $25 TO BE INCREASED ON AN
ANNUAL BASIS.”
The City Council of the city of Monterey Park resolves as follows:
SECTION 1. Pursuant to Elections Code § 9280, the City Clerk is directed to transmit a copy of the ballot measure entitled “AN INITIATIVE REQUIRING PERSONS
EMPLOYING PART-TIME AND FULL-TIME HEALTHCARE WORKERS INCLUDING,
WITHOUT LIMITATION, CLINICIANS, NURSES, CERTIFIED NURSING ASSISTANTS,
AIDES, TECHNICIANS, MAINTENANCE WORKERS, JANITORIAL OR
HOUSEKEEPING STAFF PERSONS, GROUNDSKEEPERS, GUARDS, FOOD
SERVICE WORKERS, LAUNDRY WORKERS, PHARMACISTS, NONMANAGERIAL
ADMINISTRATIVE WORKERS, AND BUSINESS CLERICAL WORKERS (BUT NOT MANAGERS OR SUPERVISORS) TO PAY A MINIMUM HOURLY WAGE OF $25 TO BE INCREASED ON AN ANNUAL BASIS” to the City Attorney for an impartial analysis.
SECTION 2. Upon receiving the ballot measure, the City Attorney is directed to prepare an impartial analysis of the proposed ballot measure showing its effect, if any, on existing law and the operation of the measure. Such analysis must not be more than 500 words.
SECTION 3. The impartial analysis must include a statement indicating whether the proposed measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the City.
SECTION 4. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there must be printed immediately below the impartial analysis, in not less than 10 point bold type, the City Clerk should have the following language printed: “The above statement is an impartial analysis of the proposed ballot measure (Resolution No. XXX). If you desire a copy of the legislation affected by this measure, please call the City Clerk’s office at (626) 307-1359, and a copy will be mailed at no cost to you.”
SECTION 5. The impartial analysis of the proposed ballot measure must be filed by the date set by the City Clerk for the filing of primary arguments.
Resolution Report
June 15, 2022
SECTION 6. Pursuant to 52 U.S.C.A. § 10503, the City Clerk will:
A. Translate the City Attorney’s analysis in accordance with regulations set forth by the Los Angeles County Registrar Recorder's office; and
B. Make copies of the translations of the City Attorney’s analysis publicly available.
SECTION 7: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 8. Recordation. The City Clerk will certify to the passage and adoption of this Resolution; enter the same in the book of original Resolutions; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.
SECTION 9: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 6
th day of July 2022.
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Henry Lo, Mayor
ATTEST:
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Vincent D. Chang, City Clerk
APPROVED AS TO FORM:
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Karl H. Berger, City Attorney