Thursday, April 3, 2008

Official Title And Summary -- The Eureka Fair Compensation Act

INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS

The City Attorney of Eureka has prepared the following title and summary of the chief purpose and points of the proposed measure:

AN INITIATIVE TO ESTABLISH A MINIMUM WAGE FOR ALL EMPLOYEES WORKING IN THE CITY OF EUREKA

If approved by the voters, this initiative would enact an ordinance requiring most employers to pay a special higher minimum wage for employees working within the geographical boundaries of the City of Eureka. Beginning on January 1, 2009, that wage would be not less than $10.00-per-hour. Beginning January 1, 2010, that wage would be tied to go up with any increases in the California state minimum wage (currently $8.00-per-hour), plus $2.00-per-hour. Non-profit corporations and businesses that employ fewer than ten persons during a given week would be required to pay employees $9.00-per-hour beginning January 1, 2009; $9.50-per-hour beginning January 1, 2010; and $10.00-per-hour beginning January 11, 2011.

The ordinance, if approved, would be implemented and enforced by the City of Eureka’s Community Development Department, which would have the ability to levy administrative citations against employers found to be in violation of the ordinance. Additionally, the ordinance would be subject to civil enforcement by the City Attorney or any qualified members of the public.

All or any portion of the ordinance would not apply to employees covered by a collective bargaining agreement with differing terms.

The ordinance would require all employers to post, in a conspicuous place, the current minimum wage rate and the employees’ rights under the ordinance, with a translation in any other language spoken by at least five percent of the employees at the workplace or job site. The ordinance would also require employers to retain payroll records for a period of four years and provide for inspections of those records. The ordinance would also prohibit retaliation by any employer against any employee for exercising his or her rights under the ordinance.