13.100.030 Definitions.
The following terms shall have the following meanings:
A. "City" shall mean the City of Berkeley.
B. "Employer" shall mean any person, including corporate officers or executives, as defined in Section 18 of the California Labor Code, who directly or indirectly through any other person, including through the services of a temporary employment agency, staffing agency, subcontractor or similar entity, employs or exercises control over the wages, hours or working conditions of any Employee, or any person receiving or holding a business license through Title 9 of the Berkeley Municipal Code.
C. "Employee" shall mean any person who:
1. In a calendar week performs at least two (2) hours of work for an Employer within the geographic boundaries of the City; and
2. Qualifies as an employee entitled to payment of a minimum wage from any employer under the California minimum wage law, as provided under Section 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission, or is a participant in a Welfare-to-Work Program.
D. "Paid Sick Leave" shall have the meaning defined in California Labor Code §233(b)(4) as follows: "Sick leave means accrued increments of compensated leave provided by an Employer to an Employee as a benefit of the employment for use by the Employee during an absence from the employment for any of the following reasons specified in 13.100.040.B of this Chapter. "Sick leave" does not include any benefit provided under an Employee welfare benefit plan subject to the federal Employee Retirement Income Security Act of 1974 (Public Law 93-406, as amended) and does not include any insurance benefit, workers’ compensation benefit, unemployment compensation disability benefit, or benefit not payable from the Employer’s general assets", except that the definition here extends beyond the Employee’s own illness, injury, medical condition, need for medical diagnosis or treatment, or medical reason, to also encompass time taken off work by an Employee for the purpose of providing care or assistance to other persons, as specified further in 13.100.040(B)(2), with an illness, injury, medical condition, need for medical diagnosis or treatment, or other medical reason.
E. "Small Business" shall mean, for the sole purpose of interpreting this Chapter, an Employer for which fewer than twenty-five persons work for compensation during a given week. In determining the number of persons performing work for an Employer during a given week, all persons performing work for compensation on a full-time, part-time, or temporary basis shall be counted, including persons made available to work through the services of a temporary services or staffing agency or similar entity. (Ord. 7505-NS § 2 (part), 2016)