Skip to main content
Loading…
This section is included in your selections.

As used in this chapter, the following terms shall have the following meanings:

a. "Building services" means the care and maintenance of property, including, but not limited to, janitorial services, building and grounds maintenance services, and security services.

b. "Calendar week" shall mean a period of seven consecutive days starting on Sunday.

c. "City" shall mean the City of Berkeley.

d. "Covered employer" shall mean an employer subject to the provisions of this chapter, as specified in Section 13.102.030.

e. "Department" shall mean the City Manager’s Department, as specified in Chapter 2.36, or another department or agency as the City Manager shall designate.

f. "Employee" shall mean any person who:

1. In a calendar week performs at least two hours of work within the geographic boundaries of the City of Berkeley for a covered employer;

2. Qualifies as an employee entitled to payment of a minimum wage from any employer under the California minimum wage law, as provided under Labor Code Section 1197 and wage orders published by the California Industrial Welfare Commission. Employees shall include learners, as defined by the California Industrial Welfare Commission; and

3. Is (i) not exempt from payment of an overtime rate of compensation pursuant to Labor Code Section 510; and (ii) is not paid a monthly salary equivalent to at least forty hours per week at a rate of pay of twice the minimum wage required by Berkeley Municipal Code Section 13.99.040.

g. "Employer" shall mean any person, as defined in Labor Code Section 18, who directly or indirectly through any other person or employer, 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.

h. "Franchise" shall have the meaning in California Business and Professions Code Section 20001.

i. "Franchisee" shall have the meaning in California Business and Professions Code Section 20002.

j. "Franchisor" shall have the meaning in California Business and Professions Code Section 20003.

k. "Good faith" shall mean a sincere intention to deal fairly with others.

l. "Healthcare" shall mean either a Hospital, Medical Practitioner Office, Nursing Home, or Supportive Housing as defined in BMC Section 23.502.020, or a facility that provides outpatient maintenance dialysis.

m. "Hotel" shall mean Tourist Hotel as defined in BMC Section 23.502.020.

n. "Manufacturing" shall mean a Manufacturing Use as defined in BMC Section 23.502.020.

o. "Predictability pay" shall mean wages paid to an employee, calculated on an hourly basis at the employee’s regular rate of pay as that term is used in 29 U.S.C. Section 207 (e), as compensation for schedule changes made by a covered employer to an employee’s schedule pursuant to Section 13.102.060, in addition to any wages earned for work performed by that employee.

p. "Restaurant" shall mean a Food Service Establishment as defined in BMC Section 23.502.020.

q. "Retail" shall mean a Retail Products Store as defined in BMC Section 23.502.020.

r. "Shift" shall mean the consecutive hours an employer requires an employee to work including employer-approved meal periods and rest periods.

s. "Warehouse services" shall mean Warehouse Based Non-Store Retail as defined in BMC Section 23.502.020.

t. "Work schedule" shall mean all of an employee’s shifts, including specific start and end times for each shift, during a calendar week.

u. "Writing" or "written" means a printed or printable communication in physical or electronic format including a communication that is transmitted through electronic mail, text message or a computer system or is otherwise sent and stored electronically. (Ord. 7846-NS § 1, 2022)