FY2023-2025
Budget Overview
Emylene Aspilla
Director
Department of W orkplace and Employment Standards
Department of Workplace and
Employment Standards (DWES)
DWES Creation and Responsibilities
Department was created July 1, 2020:
Labor Standards
• Educate workers and employers on Oakland’s labor laws. • Enforce laws promoting access to/participation in quality jobs.
Every Oakland worker, including BIPOC and women workers who are disproportionately represented in low-wage industries, has access to quality jobs that provide wages, benefits, and working conditions that allow workers to thrive and increase economic security.
Business Inclusion
• Ensure equitable access to the City’s contracting opportunities. • Maximize participation of local and small businesses.
Every small Oakland business, including BIPOC and women owned businesses that have been disproportionately unrepresented in City contracts, has equitable access to City contracts to increase economic security.
Labor Standards
Provision Applicability
Wages, Benefits, &
Working Conditions
City Minimum Wage, Sick Leave, and
Other Employment Standards
Citywide
Hotel Minimum Wage and Working
Conditions
Citywide
Worker Retention at Large-Scale
Hospitality Businesses
Citywide
Living Wage Ordinance City Contracts
Prevailing Wage City Contracts
Equal Benefits Ordinance City Contracts
Labor Standards
Provision Applicability
Job Access &
Participation
Local Employment
Program
City Contracts
Fifteen (15) Percent
Apprenticeship Program
City Contracts
Women and Minority
Utilization
City Contracts with Federal
Funding
Oakland Army Base Vertical Construction and
Operations
Labor Standards – COVID-19
Provision Applicability
Sick Leave Protecting Workers and
Communities During the
Pandemic - COVID-19 Emergency
Paid Sick Leave Ordinance
Citywide
Recall Hospitality and Travel Worker
Right to Recall
Citywide
Business Inclusion
Provision Applicability
Local and Small
Business
Participation
Local and Small Business
Enterprise Program
City Contracts
Disadvantaged
Business Enterprise
Participation
Participation by Disadvantaged
Business Enterprises in
Department of Transportation
Financial Assistance Programs
City Contracts with
Federal Funding
DWES Divisions and Units
Divisions Units
Labor
Standards
Citywide Standards
Enforces the City’s Minimum Wage Ordinance, Worker Retention at Large- Scale Hospitality Business Ordinance, Hotel Minimum Wage and Working Conditions Ordinance, the Emergency Paid Sick Leave Ordinance, and the Workers Right to Recall Ordinance.
City Contractor Standards
Enforces the Local Employment Program, the 15% Apprenticeship Program, the Living Wage Ordinance, the Prevailing Wage Resolution, and the Equal Benefits Ordinance.
Business
Inclusion
Contract Compliance Unit
Enforces the City’s Local and Small Local Business Enterprise (L/SLBE) Program and the Disadvantaged Business Enterprise (DBE) Program for federally funded transportation related projects.
Business Certification and Engagement Unit
Engages in outreach and small business capacity building activities, including certifying businesses as local, small local, very small local, nonprofit local, non- profit small local, nonprofit very small local, Small Business Administration local business, and local business-locally produced goods enterprises.
Budget Overview
FY 21-22
Actuals
FY 23-24
Biennial
FY 24-25
Biennial
General Fund $3,589,988 $4,269,095 $4,775,126
Capital Project Funds $244,831 $240,758 $261,140
Fiduciary Funds $261,140 $0 $0
Total Budget $3,904,176 $4,509,853 $5,036,266
# of Staff 15 17 17
Expenses
FY 23-24 FY 24-25
Operations & Maintenance
Software
$273,709.00 (38%)
Labor Standards Support
$240,000.00 (34%)
Office Supplies &
Equipment
$111,392.00 (16%)
Community Outreach
$81,381.00 (11%)
Professional Development
$4,880.00 (1%)
DWES Staffing
DWES | Contracting Process
Planning
and
Outreach
Development of Opportunity Advertising Pre-Proposal Meeting • Consult on Scope/Structure of
Contract
• Evaluate availability of firms
and set goals, as applicable
• Ensure Business Inclusion
and Labor Standards
requirements are included
• Certify firms
• Support outreach and
advertising of the
opportunity
• Present all Business
Inclusion and Labor
Standards requirements
Proposals
Received
and
Evaluated
Proposals Received Proposals Evaluated Proposal Selection N/A
• Evaluate for
responsiveness with
requirements
N/A
Execution
of Scope
Scope Executed Scope Completed Exit Affidavit
• Monitor for compliance of Labor Standards and
Business Inclusion requirements
• Determine any
fees/penalties for not
meeting requirements
Labor Standards – Citywide Voter Measures
City Contract Provisions
Prevailing Wage
Living Wage
Local Employment | 15 % Apprenticeship
Equal Benefits
2015 2019
DWES Staffing Growth
100% ($34M)
150% ($51M)
324% ($110M)
350% ($119M)
1676% ($570M)
100% (13) 108% (14) 108% (14) 108% (14) 131% (17)0%
200%
400%
600%
800%
1000%
1200%
1400%
1600%
1800%
2015 2017 2019 2021 2023
CIP Budget and Headcount as Percentage of 2015 Amounts
Budget Headcount
Staffing
17 FTE
Budgeted Units Challenge/Opportunity Service Impacts
Labor
Standards
8 • Citywide (3)
• City Contracts (3)
• Administration (2)
Market regularly fails low
wage workers → need to
implement programs that
protect and promote workers
• Unrealized
Enforcement and
Oversight
• Unsatisfied
Stakeholders
(Internal and
External)
• Limited
Performance
Metrics
Business
Inclusion
9 • Compliance (4)
• Certification &
Community
Engagement (3)
• Administration (2)
Contracting mechanisms do
not maximize small business
participation → need to
implement programs that
increase participation
Strategies and Initiatives
Challenge/
Opportunity
Continue with Full
Implementation
Policy Development Change
Management
Market regularly fails
low wage workers →
need to implement
programs that
protect and promote
workers
• Measure FF (Day Laborers &
Process)
• Measure Z (Square Footage and
Panic Buttons & Process)
• Resolution 86446 CMS (2016):
LEP Expansion to Professional
Services, Prioritizing
Disadvantaged Workers and
Workers from Specific ZIPS, and
Union Coordination
• CWA/PLA Strategy to Benefit
Workers and Small
Businesses
• Pipeline to Jobs on City
Contracts
• Fines and Penalties
• Co-enforcement with
Community (bolster contract
with trusted messengers)
• Shared
accountability
and
transparency –
internal and
external
• Data-culture
• Treating
compliance as
the floor and
not the
outcome
Contracting
mechanisms do not
maximize small
business participation
→ need to implement
programs that
increase
participation
• OMC: 2.04.045 - Preferred Small
Local Business ("PSLB")
program.
• Oakland Charter, Section 808:
Disparity Study Every Two Years
• L/SLBE Program
inconsistencies
• Certification Requirements
• Community Advisory
Committee
• L/SLBE Program Overhaul
• Building Community
Consensus
LEARN MORE
For more information on the City’s policies that stimulate the fair and equitable involvement of Oakland Businesses, Workers, and Residents:
https://www.oaklandca.gov/departments/
workplace-employment-standards