HomeMy WebLinkAboutItem 5h. Adopt a Modified Supplemental Salary Schedule Reflecting 2024 Minimum Wage Increases Item 5h
Department: Human Resources
Cost Center: 3001
For Agenda of: 12/5/2023
Placement: Consent
Estimated Time: N/A
FROM: Nickole Domini, Human Resources Director
Prepared By: Jeff Andrews, Human Resources Analyst
SUBJECT: ADOPT A MODIFIED SUPPLEMENTAL SALARY SCHEDULE
REFLECTING 2024 MINIMUM WAGE INCREASES
RECOMMENDATION
Adopt a modified Supplemental Employee Salary Schedule as necessary to comply with
Senate Bill No. 3, Chapter 4, an act to amend Sections 245.5, 246, and 1182.12 of the
Labor Code, relating to labor, requiring a minimum wage of $16.00 per hour effective
December 21, 2023.
POLICY CONTEXT
Recommendations in this report are following Senate Bill No. 3, Chapter 4, an act to
amend Sections 245.5, 246, and 1182.12 of the Labor Code, relating to labor (Attachment
A).
DISCUSSION
Background
A qualified supplemental or temporary workforce is instrumental to the City of San Luis
Obispo’s ability to provide consistent services to the community by adjusting more easily
and quickly to workload fluctuations, unexpected vacancies, leaves of absence, or
demands from limited-term projects, seasonal, or peak periods. A supplemental
workforce also provides programs that would otherwise be difficult to staff due to the
intermittent, seasonal, or non-traditional work hours (e.g., early mornings, weekends,
evenings, etc.). For example, the City’s Parks and Recreation Department typically
employs over 175 supplemental, part-time (less than 30 hours per week on average)
employees at any given time. While many of these employees are seasonal (working only
three to five months), they sustain programs and services essential to the community.
Examples of these programs include providing before and after-school care, summer
children’s camps, ensuring pool safety, special events, senior programs, and
maintenance of the golf course and open space.
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Item 5h
Departments across the organization utilize supplemental staff, and in some cases, the
City has experienced increasing difficulty recruiting and retaining qualified candidates. In
particular, supplemental positions that require certifications or State licenses, such as
childcare teachers and lifeguards, have been particularly challenging to fill during the past
few years. During the 2020 minimum wage update, staff adjusted the salary ranges
associated with these classifications in an attempt to attract and retain well -qualified
employees. While the Parks and Recreation Department continues to face challenges
recruiting and retaining employees for these key supplemental positions, the
recommended changes to the supplemental salary schedule (Attachment B) are designed
to help address these issues. This entails commencing pay at a slightly higher level to
enhance recruitment and retention efforts, while also adjusting the compensation for
current staff members to align with this revised structure. This approach seeks to strike a
balance between attracting new talent and ensuring equitable compensation for the
existing workforce.
Supplemental Salary Schedule Reflects Minimum Wage Increase
California's $15 minimum wage bill, Senate Bill No. 3, Chapter 4, An act to amend
Sections 245.5, 246, and 1182.12 of the Labor Code, was signed into law on April 4,
2016, when the State minimum wage amount was $10.00. The bill required an annual
increase in the minimum wage until it reached $15.00 on January 1, 2022, for employers
with 26 or more workers. The minimum wage increased to $15.50 per hour, effective
January 1, 2023, for all employers.
During the first two years of Senate Bill 3’s impacts, the City’s response was to eliminate
supplemental salary ranges or steps within salary ranges below minimum wage. The
effect of this approach is that employees with less experience or fewer qualifications earn
the same salary as employees who have more experience with the City. This approach
creates a condition called “compaction,” which describes a lack of differentiation between
more and less seasoned or experienced employees.
Staff addressed compaction issues during the subsequent years of the minimum wage
changes through adjusting the salary model and providing additional increases to
impacted positions, such as the childcare career series. Staff have been monitoring
recruitment and retention results with the new model and found that it has addressed
many identified issues. A provision in Senate Bill 3 states that minimum wage will increase
by the lesser of 3.5% or US CPI-W (the United States Bureau of Labor Statistics non-
seasonally adjusted United States Consumer Price Index for Urban Wage Earners and
Clerical Workers), with the results rounded to the neared $0.10. This brings the California
minimum wage amount to $16.00 for 2024. As a result, staff recommends minimum wage
changes to the supplemental salary schedule for 2024.
Previous Council or Advisory Body Action
Council has been approving updates to minimum wage annually since 2016. The most
recent Council approval was on October 5, 2022, for the 2023 minimum wage changes.
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Item 5h
Public Engagement
This item is on the agenda for the December 5, 2023, City Council meeting and will follow
all required postings and notifications. The public may comment on this item at or before
the meeting.
CONCURRENCE
Human Resources staff worked closely with Parks and Recreation staff to ensure the
recommendations will not create additional recruitment and retention issues since the
Parks and Recreation Department employs most supplemental employees within the City.
Additionally, Human Resources staff provided recommendations for classification
placement to fiscal officers across all City departments; fiscal officers concurred with the
recommendations.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report because the action does not constitute a “Project” under CEQA Guidelines
Sec. 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2023-24
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $21,254 $21,254 $0 $21,254
State
Federal
Fees
Other:
Total $21,254 $21,254 $0 $21,254
The only fiscal impacts to the recommended salary schedule changes impact the Parks
and Recreation Department. Due to salary savings resulting from full-time position
vacancies, as well as hiring challenges for supplemental staff this fiscal year, the Parks
and Recreation Department can absorb the unbudgeted $21,254 estimated cost
associated with the updates to the supplemental salary schedule within the department
budget for 2023-24 and will be included into future departmental budgets. If the future
budget request cannot be accommodated, it will be absorbed into existing budgets and
staff will highlight any necessary trade-offs.
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Item 5h
ALTERNATIVES
Do not adopt the 2024 Minimum Wage Compliant Supplemental Employee Salary
Schedule. This is not advised as it would put the City in a position of being non -compliant
with State law.
ATTACHMENTS
A - Senate Bill No. 3, Chapter 4 (An act to amend Sections 245.5, 246, and 1182.12 of
the Labor Code)
B - Supplemental Salary Ranges 231221 (MW2024)
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Senate Bill No. 3
CHAPTER 4
An act to amend Sections 245.5, 246, and 1182.12 of the Labor Code, relating to
labor.
[Approved by Governor April 4, 2016. Filed with Secretary of
State April 4, 2016.]
LEGISLATIVE COUNSEL’S DIGEST
SB 3, Leno. Minimum wage: in-home supportive services: paid sick days.
(1) Under existing law, the Healthy Workplaces, Healthy Families Act of 2014, an
employee who, on or after July 1, 2015, works in California for the same employer for
30 or more days within a year from the commencement of employment is entitled to
paid sick days, as specified. Existing law requires an employee to accrue paid sick days
at the rate of not less than one hour per every 30 hours worked subject to specified use
and accrual limitations. For the purposes of the act, an “employee” does not include a
provider of in-home supportive services, as described.
This bill, on and after July 1, 2018, would entitle a provider of in-home supportive
services who works in California for 30 or more days within a year from the
commencement of employment to paid sick days, subject to specified full amount of
leave time amounts and that rate of accrual. The bill would require the State
Department of Social Services, in consultation with stakeholders, to convene a
workgroup to implement paid sick leave for in-home supportive services providers and
to issue guidance in that regard by December 1, 2017. The bill would authorize the
department to implement that paid sick leave without complying with the Administrative
Procedure Act.
(2) On and after July 1, 2014, existing law requires the minimum wage for all
industries to be not less than $9 per hour. On and after January 1, 2016, existing law
requires the minimum wage for all industries to be not less than $10 per hour.
This bill would require the minimum wage for all industries to not be less than
specified amounts to be increased from January 1, 2017, to January 1, 2022, inclusive,
for employers employing 26 or more employees and from January 1, 2018, to January 1,
2023, inclusive, for employers employing 25 or fewer employees, except when the
scheduled increases are temporarily suspended by the Governor, based on certain
determinations. The bill would also require the Director of Finance, after the last
scheduled minimum wage increase, to annually adjust the minimum wage under a
specified formula.
On or before July 28, 2017, and on or before every July 28 thereafter until the
minimum wage is a specified amount for employers employing 26 or more employees,
the bill would require the Director of Finance to annually determine, based on certain
factors, whether economic conditions can support a scheduled minimum wage increase
and certify that determination to the Governor and the Legislature. The bill would also
require the State Board of Equalization to publish specified retail sales and use tax
information on its Internet Web site to be used by the Director of Finance in making that
determination.
On or before July 28, 2017, and on or before every July 28 thereafter until the
minimum wage is a specified amount for employers employing 26 or more employees, in
order to ensure that the General Fund can support the next scheduled minimum wage
increase, the bill would also require the Director of Finance to annually determine and
certify to the Governor and the Legislature whether the General Fund would be in a
deficit in the current fiscal year, or in either of the following 2 fiscal years.
The people of the State of California do enact as follows:
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SECTION 1. Section 245.5 of the Labor Code is amended to read:
245.5. As used in this article:
(a) “Employee” does not include the following:
(1) An employee covered by a valid collective bargaining agreement if the agreement
expressly provides for the wages, hours of work, and working conditions of employees,
and expressly provides for paid sick days or a paid leave or paid time off policy that
permits the use of sick days for those employees, final and binding arbitration of
disputes concerning the application of its paid sick days provisions, premium wage rates
for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent
more than the state minimum wage rate.
(2) An employee in the construction industry covered by a valid collective bargaining
agreement if the agreement expressly provides for the wages, hours of work, and
working conditions of employees, premium wage rates for all overtime hours worked,
and regular hourly pay of not less than 30 percent more than the state minimum wage
rate, and the agreement either (A) was entered into before January 1, 2015, or (B)
expressly waives the requirements of this article in clear and unambiguous terms. For
purposes of this subparagraph, “employee in the construction industry” means an
employee performing work associated with construction, including work involving
alteration, demolition, building, excavation, renovation, remodeling, maintenance,
improvement, repair work, and any other work as described by Chapter 9 (commencing
with Section 7000) of Division 3 of the Business and Professions Code, and other similar
or related occupations or trades.
(3) An individual employed by an air carrier as a flight deck or cabin crew member
that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C.
Sec. 151 et seq.), provided that the individual is provided with compensated time off
equal to or exceeding the amount established in paragraph (1) of subdivision (b) of
Section 246.
(4) An employee of the state, city, county, city and county, district, or any other public
entity who is a recipient of a retirement allowance and employed without reinstatement
into his or her respective retirement system pursuant to either Article 8 (commencing
with Section 21220) of Chapter 12 of Part 3 of Division 5 of Title 2 of the Government
Code, or Article 8 (commencing with Section 31680) of Chapter 3 of Part 3 of Division 4
of Title 3 of the Government Code.
(b) “Employer” means any person employing another under any appointment or
contract of hire and includes the state, political subdivisions of the state, and
municipalities.
(c) “Family member” means any of the following:
(1) A child, which for purposes of this article means a biological, adopted, or foster
child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.
This definition of a child is applicable regardless of age or dependency status.
(2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an
employee or the employee’s spouse or registered domestic partner, or a person who
stood in loco parentis when the employee was a minor child.
(3) A spouse.
(4) A registered domestic partner.
(5) A grandparent.
(6) A grandchild.
(7) A sibling.
(d) “Health care provider” has the same meaning as defined in paragraph (6) of
subdivision (c) of Section 12945.2 of the Government Code.
(e) “Paid sick days” means time that is compensated at the same wage as the
employee normally earns during regular work hours and is provided by an employer to
an employee for the purposes described in Section 246.5.
SEC. 2. Section 246 of the Labor Code is amended to read:
246. (a) (1) An employee who, on or after July 1, 2015, works in California for the
same employer for 30 or more days within a year from the commencement of
employment is entitled to paid sick days as specified in this section.
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(2) On and after July 1, 2018, a provider of in-home supportive services under Section
14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300)
of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, who works in
California for 30 or more days within a year from the commencement of employment is
entitled to paid sick days as specified in subdivision (e) and subject to the rate of accrual
in paragraph (1) of subdivision (b).
(b) (1) An employee shall accrue paid sick days at the rate of not less than one hour
per every 30 hours worked, beginning at the commencement of employment or the
operative date of this article, whichever is later, subject to the use and accrual
limitations set forth in this section.
(2) An employee who is exempt from overtime requirements as an administrative,
executive, or professional employee under a wage order of the Industrial Welfare
Commission is deemed to work 40 hours per workweek for the purposes of this section,
unless the employee’s normal workweek is less than 40 hours, in which case the
employee shall accrue paid sick days based upon that normal workweek.
(3) An employer may use a different accrual method, other than providing one hour
per every 30 hours worked, provided that the accrual is on a regular basis so that an
employee has no less than 24 hours of accrued sick leave or paid time off by the 120th
calendar day of employment or each calendar year, or in each 12-month period.
(4) An employer may satisfy the accrual requirements of this section by providing not
less than 24 hours or three days of paid sick leave that is available to the employee to
use by the completion of his or her 120th calendar day of employment.
(c) An employee shall be entitled to use accrued paid sick days beginning on the 90th
day of employment, after which day the employee may use paid sick days as they are
accrued.
(d) Accrued paid sick days shall carry over to the following year of employment.
However, an employer may limit an employee’s use of accrued paid sick days to 24
hours or three days in each year of employment, calendar year, or 12-month period.
This section shall be satisfied and no accrual or carryover is required if the full amount of
leave is received at the beginning of each year of employment, calendar year, or 12-
month period. The term “full amount of leave” means three days or 24 hours.
(e) For a provider of in-home supportive services under Section 14132.95, 14132.952,
or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of
Division 9 of, the Welfare and Institutions Code, the term “full amount of leave” is
defined as follows:
(1) Eight hours or one day in each year of employment, calendar year, or 12-month
period beginning July 1, 2018.
(2) Sixteen hours or two days in each year of employment, calendar year, or 12-
month period beginning when the minimum wage, as set forth in paragraph (1) of
subdivision (b) of Section 1182.12 and accounting for any years postponed under
subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12, has reached
thirteen dollars ($13) per hour.
(3) Twenty-four hours or three days in each year of employment, calendar year, or 12-
month period beginning when the minimum wage, as set forth in paragraph (1) of
subdivision (b) of Section 1182.12 and accounting for any years postponed under
subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12, has reached
fifteen dollars ($15) per hour.
(f ) An employer is not required to provide additional paid sick days pursuant to this
section if the employer has a paid leave policy or paid time off policy, the employer
makes available an amount of leave applicable to employees that may be used for the
same purposes and under the same conditions as specified in this section, and the policy
satisfies one of the following:
(1) Satisfies the accrual, carryover, and use requirements of this section.
(2) Provided paid sick leave or paid time off to a class of employees before January 1,
2015, pursuant to a sick leave policy or paid time off policy that used an accrual method
different than providing one hour per 30 hours worked, provided that the accrual is on a
regular basis so that an employee, including an employee hired into that class after
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January 1, 2015, has no less than one day or eight hours of accrued sick leave or paid
time off within three months of employment of each calendar year, or each 12-month
period, and the employee was eligible to earn at least three days or 24 hours of sick
leave or paid time off within nine months of employment. If an employer modifies the
accrual method used in the policy it had in place prior to January 1, 2015, the employer
shall comply with any accrual method set forth in subdivision (b) or provide the full
amount of leave at the beginning of each year of employment, calendar year, or 12-
month period. This section does not prohibit the employer from increasing the accrual
amount or rate for a class of employees covered by this subdivision.
(3) Notwithstanding any other law, sick leave benefits provided pursuant to the
provisions of Sections 19859 to 19868.3, inclusive, of the Government Code, or annual
leave benefits provided pursuant to the provisions of Sections 19858.3 to 19858.7,
inclusive, of the Government Code, or by provisions of a memorandum of understanding
reached pursuant to Section 3517.5 that incorporate or supersede provisions of Section
19859 to 19868.3, inclusive, or Sections 19858.3 to 19858.7, inclusive of the
Government Code, meet the requirements of this section.
(g) (1) Except as specified in paragraph (2), an employer is not required to provide
compensation to an employee for accrued, unused paid sick days upon termination,
resignation, retirement, or other separation from employment.
(2) If an employee separates from an employer and is rehired by the employer within
one year from the date of separation, previously accrued and unused paid sick days shall
be reinstated. The employee shall be entitled to use those previously accrued and
unused paid sick days and to accrue additional paid sick days upon rehiring, subject to
the use and accrual limitations set forth in this section. An employer is not required to
reinstate accrued paid time off to an employee that was paid out at the time of
termination, resignation, or separation of employment.
(h) An employer may lend paid sick days to an employee in advance of accrual, at the
employer’s discretion and with proper documentation.
(i) An employer shall provide an employee with written notice that sets forth the
amount of paid sick leave available, or paid time off leave an employer provides in lieu
of sick leave, for use on either the employee’s itemized wage statement described in
Section 226 or in a separate writing provided on the designated pay date with the
employee’s payment of wages. If an employer provides unlimited paid sick leave or
unlimited paid time off to an employee, the employer may satisfy this section by
indicating on the notice or the employee’s itemized wage statement “unlimited.” The
penalties described in this article for a violation of this subdivision shall be in lieu of the
penalties for a violation of Section 226. This subdivision shall apply to employers
covered by Wage Order 11 or 12 of the Industrial Welfare Commission only on and after
January 21, 2016.
(j) An employer has no obligation under this section to allow an employee’s total
accrual of paid sick leave to exceed 48 hours or 6 days, provided that an employee’s
rights to accrue and use paid sick leave are not limited other than as allowed under this
section.
(k) An employee may determine how much paid sick leave he or she needs to use,
provided that an employer may set a reasonable minimum increment, not to exceed two
hours, for the use of paid sick leave.
(l) For the purposes of this section, an employer shall calculate paid sick leave using
any of the following calculations:
(1) Paid sick time for nonexempt employees shall be calculated in the same manner as
the regular rate of pay for the workweek in which the employee uses paid sick time,
whether or not the employee actually works overtime in that workweek.
(2) Paid sick time for nonexempt employees shall be calculated by dividing the
employee’s total wages, not including overtime premium pay, by the employee’s total
hours worked in the full pay periods of the prior 90 days of employment.
(3) Paid sick time for exempt employees shall be calculated in the same manner as
the employer calculates wages for other forms of paid leave time.
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(m) If the need for paid sick leave is foreseeable, the employee shall provide
reasonable advance notification. If the need for paid sick leave is unforeseeable, the
employee shall provide notice of the need for the leave as soon as practicable.
(n) An employer shall provide payment for sick leave taken by an employee no later
than the payday for the next regular payroll period after the sick leave was taken.
(o) The State Department of Social Services, in consultation with stakeholders, shall
convene a workgroup to implement paid sick leave for in-home supportive services
providers as specified in this section. This workgroup shall finish its implementation work
by November 1, 2017, and the State Department of Social Services shall issue guidance
such as an all-county letter or similar instructions by December 1, 2017.
(p) Notwithstanding the rulemaking provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code), the State Department of Social Services may implement, interpret,
or make specific this section by means of an all-county letter, or similar instructions,
without taking any regulatory action.
SEC. 3. Section 1182.12 of the Labor Code is amended to read:
1182.12. (a) Notwithstanding any other provision of this part, on and after July 1,
2014, the minimum wage for all industries shall be not less than nine dollars ($9) per
hour, and on and after January 1, 2016, the minimum wage for all industries shall be not
less than ten dollars ($10) per hour.
(b) Notwithstanding subdivision (a), the minimum wage for all industries shall not be
less than the amounts set forth in this subdivision, except when the scheduled increases
in paragraphs (1) and (2) are temporarily suspended under subdivision (d).
(1) For any employer who employs 26 or more employees, the minimum wage shall
be as follows:
(A) From January 1, 2017, to December 31, 2017, inclusive,--ten dollars and fifty
cents ($10.50) per hour.
(B) From January 1, 2018, to December 31, 2018, inclusive,--eleven dollars ($11) per
hour.
(C) From January 1, 2019, to December 31, 2019, inclusive,--twelve dollars ($12) per
hour.
(D) From January 1, 2020, to December 31, 2020, inclusive,--thirteen dollars ($13)
per hour.
(E) From January 1, 2021, to December 31, 2021, inclusive,--fourteen dollars ($14)
per hour.
(F) From January 1, 2022, and until adjusted by subdivision (c)--fifteen dollars ($15)
per hour.
(2) For any employer who employs 25 or fewer employees, the minimum wage shall
be as follows:
(A) From January 1, 2018, to December 31, 2018, inclusive,--ten dollars and fifty
cents ($10.50) per hour.
(B) From January 1, 2019, to December 31, 2019, inclusive,--eleven dollars ($11) per
hour.
(C) From January 1, 2020, to December 31, 2020, inclusive,--twelve dollars ($12) per
hour.
(D) From January 1, 2021, to December 31, 2021, inclusive,--thirteen dollars ($13)
per hour.
(E) From January 1, 2022, to December 31, 2022, inclusive,--fourteen dollars ($14)
per hour.
(F) From January 1, 2023, and until adjusted by subdivision (c)--fifteen dollars ($15)
per hour.
(3) For purposes of this subdivision, “employer” means any person who directly or
indirectly, or through an agent or any other person, employs or exercises control over
the wages, hours, or working conditions of any person. For purposes of this subdivision,
“employer” includes the state, political subdivisions of the state, and municipalities.
(4) Employees who are treated as employed by a single qualified taxpayer under
subdivision (h) of Section 23626 of the Revenue and Taxation Code, as it read on the
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effective date of this section, shall be considered employees of that taxpayer for
purposes of this subdivision.
(c) (1) Following the implementation of the minimum wage increase specified in
subparagraph (F) of paragraph (2) of subdivision (b), on or before August 1 of that year,
and on or before each August 1 thereafter, the Director of Finance shall calculate an
adjusted minimum wage. The calculation shall increase the minimum wage by the lesser
of 3.5 percent and the rate of change in the averages of the most recent July 1 to June
30, inclusive, period over the preceding July 1 to June 30, inclusive, period for the
United States Bureau of Labor Statistics nonseasonally adjusted United States Consumer
Price Index for Urban Wage Earners and Clerical Workers (U.S. CPI-W). The result shall
be rounded to the nearest ten cents ($0.10). Each adjusted minimum wage increase
calculated under this subdivision shall take effect on the following January 1.
(2) If the rate of change in the averages of the most recent July 1 to June 30,
inclusive, period over the preceding July 1 to June 30, inclusive, period for the United
States Bureau of Labor Statistics nonseasonally adjusted U.S. CPI-W is negative, there
shall be no increase or decrease in the minimum wage pursuant to this subdivision on
the following January 1.
(3) (A) Notwithstanding the implementation timing described in paragraph (1) of this
subdivision, if the rate of change in the averages of the most recent July 1 to June 30,
inclusive, period over the preceding July 1 to June 30, inclusive, period for the United
States Bureau of Labor Statistics nonseasonally adjusted U.S. CPI-W exceeds 7 percent
in the first year that the minimum wage specified in subparagraph (F) of paragraph (1)
of subdivision (b) is implemented, the indexing provisions described in paragraph (1) of
this subdivision shall be implemented immediately, such that the indexing will be
effective on the following January 1.
(B) If the rate of change in the averages of the most recent July 1 to June 30,
inclusive, period over the preceding July 1 to June 30, inclusive, period for the United
States Bureau of Labor Statistics nonseasonally adjusted U.S. CPI-W exceeds 7 percent
in the first year that the minimum wage specified in subparagraph (F) of paragraph (1)
of subdivision (b) is implemented, notwithstanding any other law, for employers with 25
or fewer employees the minimum wage shall be set equal to the minimum wage for
employers with 26 or more employees, effective on the following January 1, and the
minimum wage increase specified in subparagraph (F) of paragraph (2) of subdivision
(b) shall be considered to have been implemented for purposes of this subdivision.
(d) (1) On or before July 28, 2017, and on or before every July 28 thereafter until the
minimum wage is fifteen dollars ($15) per hour pursuant to paragraph (1) of subdivision
(b), to ensure that economic conditions can support a minimum wage increase, the
Director of Finance shall annually make a determination and certify to the Governor and
the Legislature whether each of the following conditions is met:
(A) Total nonfarm employment for California, seasonally adjusted, decreased over the
three-month period from April to June, inclusive, prior to the July 28 determination. This
calculation shall compare seasonally adjusted total nonfarm employment in June to
seasonally adjusted total nonfarm employment in March, as reported by the Employment
Development Department.
(B) Total nonfarm employment for California, seasonally adjusted, decreased over the
six-month period from January to June, inclusive, prior to the July 28 determination.
This calculation shall compare seasonally adjusted total nonfarm employment in June to
seasonally adjusted total nonfarm employment in December, as reported by the
Employment Development Department.
(C) Retail sales and use tax cash receipts from a 3.9375-percent tax rate for the July
1 to June 30, inclusive, period ending one month prior to the July 28 determination is
less than retail sales and use tax cash receipts from a 3.9375-percent tax rate for the
July 1 to June 30, inclusive, period ending 13 months prior to the July 28 determination.
The calculation for the condition specified in this subparagraph shall be made as follows:
(i) The State Board of Equalization shall publish by the 10th of each month on its
Internet Web site the total retail sales (sales before adjustments) for the prior month
derived from their daily retail sales and use tax reports.
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www.leginfo.ca.gov/pub/15-16/bill/sen/sb_0001-0050/sb_3_bill_20160404_chaptered.htm 7/7
(ii) The State Board of Equalization shall publish by the 10th of each month on its
Internet Web site the monthly factor required to convert the prior month’s retail sales
and use tax total from all tax rates to a retail sales and use tax total from a 3.9375-
percent tax rate.
(iii) The Department of Finance shall multiply the monthly total from clause (i) by the
monthly factor from clause (ii) for each month.
(iv) The Department of Finance shall sum the monthly totals calculated in clause (iii)
to calculate the 12-month July 1 to June 30, inclusive, totals needed for the comparison
in this subparagraph.
(2) (A) On or before July 28, 2017, and on or before every July 28 thereafter until the
minimum wage is fifteen dollars ($15) per hour pursuant to paragraph (1) of subdivision
(b), to ensure that the state General Fund fiscal condition can support the next
scheduled minimum wage increase, the Director of Finance shall annually make a
determination and certify to the Governor and the Legislature whether the state General
Fund would be in a deficit in the current fiscal year, or in either of the following two fiscal
years.
(B) For purposes of this subdivision, deficit is defined as a negative balance in the
Special Fund for Economic Uncertainties, as provided for in Section 16418 of the
Government Code, that exceeds, in absolute value, 1 percent of total state General Fund
revenue and transfers, based on the most recent Department of Finance estimates
required by Section 12.5 of Article IV of the California Constitution. For purposes of this
subdivision, the estimates shall include the assumption that only the minimum wage
increases scheduled for the following calendar year pursuant to subdivision (b) will be
implemented.
(3) (A) (i) If, for any year, the condition in either subparagraph (A) or (B) of
paragraph (1) is met, and if the condition in subparagraph (C) of paragraph (1) is met,
the Governor may, on or before August 1 of that year, notify the Legislature of an initial
determination to temporarily suspend the minimum wage increases scheduled pursuant
to subdivision (b) for the following year.
(ii) If the Director of Finance certifies under paragraph (2) that the state General Fund
would be in a deficit in the current fiscal year, or in either of the following two fiscal
years, the Governor may, on or before August 1 of that fiscal year, notify the Legislature
of an initial determination to temporarily suspend the minimum wage increases
scheduled pursuant to subdivision (b) for the following year.
(B) If the Governor provides notice to the Legislature pursuant to subparagraph (A),
the Governor shall, on September 1 of any such year, make a final determination
whether to temporarily suspend the minimum wage increases scheduled pursuant to
subdivision (b) for the following year. The determination to temporarily suspend the
minimum wage increases scheduled pursuant to subdivision (b) for the following year
shall be made by proclamation.
(C) The Governor may temporarily suspend scheduled minimum wage increases
pursuant to clause (ii) of subparagraph (A) no more than two times.
(D) If the Governor makes a final determination to temporarily suspend the scheduled
minimum wage increases pursuant to subdivision (b) for the following year, all dates
specified in subdivision (b) that are subsequent to the September 1 final determination
date shall be postponed by an additional year.
O
95
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Supplemental Employee Salary Schedule
Classification Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Accessibility and Process Improvement Manager 9933 333 53.55$ 53.55$ 53.55$ 53.55$ 66.95$ -$ -$ -$ -$
Accounting Asssistant I 941400 400 22.45$ 23.63$ 24.86$ 26.18$ 27.55$ -$ -$ -$ -$
Accounting Asssistant II 9234 402 23.64$ 24.89$ 26.20$ 27.58$ 29.03$ -$ -$ -$ -$
Administrative Aide I 9172 902 16.50$ 16.91$ 17.33$ 17.76$ 18.20$ 18.66$ 19.13$ 19.61$ 20.10$
Administrative Aide II 9371 906 18.50$ 18.96$ 19.43$ 19.92$ 20.42$ 20.93$ 21.45$ 21.99$ 22.54$
Administrative Assistant III 943700 405 25.54$ 26.89$ 28.30$ 29.79$ 31.35$ -$ -$ -$ -$
Administrative Specialist 9472 906 18.50$ 18.96$ 19.43$ 19.92$ 20.42$ 20.93$ 21.45$ 21.99$ 22.54$
Adult Sports Official 9265 904 17.50$ 17.94$ 18.39$ 18.85$ 19.32$ 19.80$ 20.30$ 20.81$ 21.33$
Aquatics Specialist*9461 908 19.50$ 19.99$ 20.49$ 21.00$ 21.53$ 22.07$ 22.62$ 23.19$ 23.77$
Assistant City Attorney 9473 997 78.13$ -$ -$ -$ -$ -$ -$ -$ -$
Business Analyst 922302 300 38.80$ 38.80$ 38.80$ 38.80$ 48.50$ -$ -$ -$ -$
Childcare Aide Emergency Sub Afternoon*91615 970 #REF! #REF! 21.01$ 21.54$ 22.08$ 22.63$ 23.19$ 23.76$ 24.36$
Childcare Aide Emergency Sub Morning*91619 971 #REF! #REF! 25.22$ 25.85$ 26.49$ 27.15$ 27.83$ 28.52$ 29.24$
Childcare Aide*9161 900 #REF! #REF! 16.81$ 17.23$ 17.66$ 18.10$ 18.55$ 19.01$ 19.49$
Childcare Teacher Emergency Sub Afternoon*92625 972 21.88$ 22.43$ 22.99$ 23.56$ 24.15$ 24.75$ 25.38$ 26.01$ 26.66$
Childcare Teacher Emergency Sub Morning*92629 973 26.25$ 26.91$ 27.59$ 28.28$ 28.98$ 29.70$ 30.45$ 31.22$ 32.00$
Childcare Teacher*9262 904 17.50$ 17.94$ 18.39$ 18.85$ 19.32$ 19.80$ 20.30$ 20.81$ 21.33$
Commissioner 9861 990 80.00$ -$ -$ -$ -$ -$ -$ -$ -$
Engineering Consultant 9332 980 50.00$ 51.56$ 55.00$ 65.00$ 75.00$ -$ -$ -$ -$
Facilities Aide Farmer's Market 9292 904 17.50$ 17.94$ 18.39$ 18.85$ 19.32$ 19.80$ 20.30$ 20.81$ 21.33$
Facilities Aide Pool 9293 904 17.50$ 17.94$ 18.39$ 18.85$ 19.32$ 19.80$ 20.30$ 20.81$ 21.33$
Facilities Assistant 9264 902 16.50$ 16.91$ 17.33$ 17.76$ 18.20$ 18.66$ 19.13$ 19.61$ 20.10$
Facilities Specialist 9463 906 18.50$ 18.96$ 19.43$ 19.92$ 20.42$ 20.93$ 21.45$ 21.99$ 22.54$
Facility Host 9162 900 16.00$ 16.40$ 16.81$ 17.23$ 17.66$ 18.10$ 18.55$ 19.01$ 19.49$
Fire Intern 9151 902 16.50$ 16.91$ 17.33$ 17.76$ 18.20$ 18.66$ 19.13$ 19.61$ 20.10$
Flood Control Technician 9287 910 20.50$ 21.01$ 21.54$ 22.08$ 22.63$ 23.20$ 23.78$ 24.37$ 24.98$
GIS Technician 9231 910 20.50$ 21.01$ 21.54$ 22.08$ 22.63$ 23.20$ 23.78$ 24.37$ 24.98$
Hazardous Materials Team Business Manager 9651 996 28.00$ 29.00$ 30.00$ -$ -$ -$ -$ -$ -$
Head Childcare Teacher Emergency Sub Afternoon*93605 974 24.38$ 24.99$ 25.61$ 26.25$ 26.91$ 27.59$ 28.28$ 28.99$ 29.71$
Head Childcare Teacher Emergency Sub Morning*93609 975 29.25$ 29.99$ 30.74$ 31.50$ 32.30$ 33.11$ 33.93$ 34.79$ 35.66$
Head Childcare Teacher*9360 908 19.50$ 19.99$ 20.49$ 21.00$ 21.53$ 22.07$ 22.62$ 23.19$ 23.77$
Head Lifeguard*9351 904 #REF! 17.94$ 18.39$ 18.85$ 19.32$ 19.80$ 20.30$ 20.81$ 21.33$
Human Resources Intern 91702 902 16.50$ 16.91$ 17.33$ 17.76$ 18.20$ 18.66$ 19.13$ 19.61$ 20.10$
Human Resources Manager 926301 340 57.34$ 57.34$ 57.34$ 57.34$ 71.66$ -$ -$ -$ -$
Human Resources Specialist 932401 261 30.84$ 32.46$ 34.18$ 35.98$ 37.86$ -$ -$ -$ -$
Intern I 9111 900 16.00$ 16.40$ 16.81$ 17.23$ 17.66$ 18.10$ 18.55$ 19.01$ 19.49$
Intern II 9211 902 16.50$ 16.91$ 17.33$ 17.76$ 18.20$ 18.66$ 19.13$ 19.61$ 20.10$
Intern III 9311 904 17.50$ 17.94$ 18.39$ 18.85$ 19.32$ 19.80$ 20.30$ 20.81$ 21.33$
Intern IV 9411 906 18.50$ 18.96$ 19.43$ 19.92$ 20.42$ 20.93$ 21.45$ 21.99$ 22.54$
IT Assistant Help Desk 9232 910 20.50$ 21.01$ 21.54$ 22.08$ 22.63$ 23.20$ 23.78$ 24.37$ 24.98$
Laboratory Analyst (SBP) 942301 484 32.84$ 34.56$ 36.39$ 38.30$ 40.31$ 42.44$ 44.68$ 47.03$ 49.50$
Landscape Inspector 9282 914 22.50$ 23.06$ 23.64$ 24.23$ 24.84$ 25.46$ 26.10$ 26.75$ 27.42$
Lead Parking Attendant 9471 906 18.50$ 18.96$ 19.43$ 19.92$ 20.42$ 20.93$ 21.45$ 21.99$ 22.54$
Lifeguard Dock Pay*92519 900 16.00$ 16.40$ 16.81$ 17.23$ 17.66$ 18.10$ 18.55$ 19.01$ 19.49$
Lifeguard*9251 902 16.50$ 16.91$ 17.33$ 17.76$ 18.20$ 18.66$ 19.13$ 19.61$ 20.10$
Open Space Technician 9289 902 #REF! 16.91$ 17.33$ 17.76$ 18.20$ 18.66$ 19.13$ 19.61$ 20.10$
Parking Ambassador 9271 904 17.50$ 17.94$ 18.39$ 18.85$ 19.32$ 19.80$ 20.30$ 20.81$ 21.33$
Parking Enforcement Officer 9266 405 25.54$ 26.89$ 28.30$ 29.79$ 31.35$ -$ -$ -$ -$
Parks Maintenance Aide I 9182 902 16.50$ 16.91$ 17.33$ 17.76$ 18.20$ 18.66$ 19.13$ 19.61$ 20.10$
Parks Maintenance Aide II 9281 906 18.50$ 18.96$ 19.43$ 19.92$ 20.42$ 20.93$ 21.45$ 21.99$ 22.54$
Rec Cashier*9171 900 16.00$ 16.40$ 16.81$ 17.23$ 17.66$ 18.10$ 18.55$ 19.01$ 19.49$
Recording Secretary 9272 902 16.50$ 16.91$ 17.33$ 17.76$ 18.20$ 18.66$ 19.13$ 19.61$ 20.10$
Recreation Services Leader I*91600 900 16.00$ 16.40$ 16.81$ 17.23$ 17.66$ 18.10$ 18.55$ 19.01$ 19.49$
Recreation Services Leader II*92600 904 17.50$ 17.94$ 18.39$ 18.85$ 19.32$ 19.80$ 20.30$ 20.81$ 21.33$
Skate Park Ambassador*9290 906 18.50$ 18.96$ 19.43$ 19.92$ 20.42$ 20.93$ 21.45$ 21.99$ 22.54$
SNAP 9352 910 20.50$ 21.01$ 21.54$ 22.08$ 22.63$ 23.20$ 23.78$ 24.37$ 24.98$
Special Swim Instructor*9369 906 #REF! #REF! 19.43$ 19.92$ 20.42$ 20.93$ 21.45$ 21.99$ 22.54$
Swim Instructor*9263 904 #REF! 17.94$ 18.39$ 18.85$ 19.32$ 19.80$ 20.30$ 20.81$ 21.33$
Transit Coordinator 944406 408 27.61$ 29.06$ 30.59$ 32.20$ 33.90$ -$ -$ -$ -$
Tree Care Specialist I 9192 902 16.50$ 16.91$ 17.33$ 17.76$ 18.20$ 18.66$ 19.13$ 19.61$ 20.10$
Tree Care Specialist II 9294 906 18.50$ 18.96$ 19.43$ 19.92$ 20.42$ 20.93$ 21.45$ 21.99$ 22.54$
Wastewater Intern 91301 906 18.50$ 18.96$ 19.43$ 19.92$ 20.42$ 20.93$ 21.45$ 21.99$ 22.54$
Water Quality Lab Aide 9141 902 16.50$ 16.91$ 17.33$ 17.76$ 18.20$ 18.66$ 19.13$ 19.61$ 20.10$
Water Treatment Plant Intern 91302 906 18.50$ 18.96$ 19.43$ 19.92$ 20.42$ 20.93$ 21.45$ 21.99$ 22.54$
Youth Sports Official*9261 900 16.00$ 16.40$ 16.81$ 17.23$ 17.66$ 18.10$ 18.55$ 19.01$ 19.49$
Key
Blue = P&R Positions
* = Classifications that work with children (AB
218 doesn't apply)
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