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Whenever used in this chapter, the following terms shall have the meanings set forth below.

A. “Alternative commute mode” shall mean public transit (bus, train, ferry, etc.), vanpool, carpool (including “casual carpool”), bicycling, and walking.

B. “City” shall mean the City of Berkeley.

C. “Covered employee” shall mean any person who:

1. Performed an average of at least ten (10) hours of work per week for compensation within the geographic boundaries of Berkeley for the same employer within the previous twelve (12) months; and

2. Qualifies as an employee entitled to payment of a minimum wage from the 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. “Covered employer” shall mean an employer, as defined in Section 18 of the California Labor Code, for which an average of ten (10) or more persons per week performs work for compensation. In determining the number of covered employees performing work for an employer during a given week, all persons performing work for compensation on a full-time, part-time or temporary basis, including those who perform work outside of the geographic boundaries of Berkeley, shall be counted, including persons made available to work through the services of a temporary services or staffing agency or similar entity. “Covered employer” shall not include any governmental entity.

E. “Transit expense” shall mean any pass, token, fare card, voucher, or similar item entitling a person to transportation on public transit, including but not limited to, travel by ferry, bus, light rail or train by AC Transit, BART, AMTRAK, Caltrain, or other regional public transit provider.

F. “Vanpool” shall mean a commuter highway vehicle within the meaning of 26 U.S.C. Section 132(f)(5)(B), as the federal law may be amended from time to time, which currently means any highway vehicle that has a seating capacity of at least six adults (not including the driver), and at least eighty (80) percent of the mileage use of which can reasonably be expected to be:

1. For the purpose of transporting employees in connection with travel between their residences and their place of employment; and

2. On trips during which the number of employees transported for such purposes is at least one-half of the seating capacity of such vehicle (not including the driver).

G. “Bicycle expense” shall mean reasonable expenses incurred by the employee for the purchase of a bicycle and bicycle improvements, repair, and storage, if such bicycle is regularly used for travel between the employee’s residence and place of employment, or other allowable expenses as allowed by IRS code 132(f). (Ord. 7113-NS § 1 (part), 2009)