§ 66-252. Living wage.

(a)

[Generally.] Effective April 1, 2018, covered employees shall be paid a living wage of no less than $14.00 per hour, which shall be increased to $15.00 per hour on October 1, 2019. All future increases shall be enacted pursuant to subsections 66-252(b) and (c).

(b)

Indexing . The living wage rate may, by resolution of the city commission, be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent; nor shall an annual increase exceed the corresponding annual compensation increase (if any) provided to unrepresented (i.e., unclassified) city employees. The city commission may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same, in a particular year. The determination to index, or not index, the living wage rate shall be considered annually during the city commission's review and approval of the city's annual operating budget.

(c)

Catch-up election . In the event that the city commission has determined, in any particular fiscal year (or years), to not index the living wage rate, and thereafter determines that making up all or any part of the prior year's (or years') unindexed percentage would not have an adverse fiscal impact upon the city, then the city commission shall also have the right, but not the obligation, to cumulatively index the living wage rate to "make-up" for any deficiencies in the prior year (or years) where there was no increase(s). The catch-up election must be approved by resolution, and may only be considered during the city commission's review and approval of the city's annual operating budget.

(d)

Certification required before payment . Any and all construction contracts subject to the living wage program may be voidable, and no funds may be released, unless prior to entering any construction contract with the city, the contractor certifies to the city that it will pay each of its covered employees no less than the living wage described in this section. A copy of this certificate shall be made available to the public upon request. The certificate, at a minimum, must include the following:

(1)

The name, address, and phone number of the covered employer, a local contact person, and the specific project for which the contract is sought;

(2)

The amount of the construction contract, a brief description of the project or service provided, and the city department the contract will serve;

(3)

A statement of the wage levels for all employees providing services under the contract; and

(4)

A commitment to pay all covered employees the living wage, as defined in this section, and including, without limitation, any annual indexes or catch-up elections thereto, pursuant to this section.

(e)

Observation of other laws . Every covered employee shall be paid not less than fortnightly and without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The covered employer shall pay covered employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws.

(f)

Posting . A copy of the most current living wage rate shall be kept posted by the covered employer at the site of the work in a prominent place where it can easily be seen and read by the covered employees, and shall also be supplied to an employee within a reasonable time after a request to do so. Posting requirements will not be required where the covered employer prints the following statements on the front of the covered employee's first paycheck and every six months thereafter: "You are required by City of West Palm Beach law to be paid at least ____________ dollars [NOTE: Covered employer to insert applicable living wage rate] per hour. If you are not paid this hourly rate, contact your employer, an attorney, or the City of West Palm Beach." All notices shall be printed in English, Spanish, and Creole.

(g)

Collective bargaining . Nothing in this section shall be read to require or authorize any covered employer to reduce wages set by a collective bargaining agreement or areas required under any prevailing wage law.

(h)

Other exemptions .

1.

Contracts for the purchase of products or goods are exempt from the living wage program.

2.

Contracts paid with funding, in whole or in part, from federal or state agencies where the living wage program conflicts with the requirements for such funding.

(Ord. No. 4744-17, § 2, 1-29-2018)