13.102.030 Applicability.
a. This chapter shall apply to: the City of Berkeley as an employer, and any employer in the City of Berkeley with 10 or more employees in the City of Berkeley that is:
1. primarily engaged in the building services, healthcare, hotel, manufacturing, retail, or warehouse services industries, and employs 56 or more employees globally; or
2. primarily engaged in the restaurant industry, and employs 100 or more employees globally; or
3. a franchisee primarily engaged in the retail or restaurant industries and is associated with a network of franchises with franchisees employing in the aggregate 100 or more employees globally; or
4. a not-for-profit corporation organized under Section 501 of the United States Internal Revenue Code in the industries specified under subsection (a)(1), (2), and (3) and employs 100 or more employees globally.
b. In determining the number of employees performing work for a covered employer during a given week, all employees performing work for the covered employer for compensation on a full-time, part-time, or temporary basis, at any location, shall be counted, including employees made available to work through the services of a temporary services or staffing agency or similar entity.
c. For the purposes of determining whether a nonfranchisee entity is a covered employer as defined by this chapter, separate entities that form an integrated enterprise shall be considered a single employer. Within one year of the effective date of the ordinance, the City Manager shall promulgate rules pursuant to the authority provided in Section 13.102.110 to implement this subsection clarifying factors to be considered in determining what constitutes an integrated enterprise.
d. This chapter shall become operative with respect to employees not subject to a collective bargaining agreement, including employees working for the City of Berkeley and all other employers, one year after the effective date of the ordinance. Unless waived pursuant to Section 13.102.040, with respect to employees subject to a collective bargaining agreement, this chapter shall become operative upon the commencement of a bona fide second or successor collective bargaining agreement or one year after the effective date of the ordinance, whichever is earlier. (Ord. 7846-NS § 1, 2022)