REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance to Amend Several Chapters of Title 5 (Business Licenses and Regulations) and Title 9 (Public Peace, Safety or Welfare) of the Sunnyvale Municipal Code to Authorize the Denial, Suspension or Revocation of a Permit or License Based Upon Violations of Wage and Hour Laws and Adopt Council Policy 5.1.6, Wage Theft Prevention Policy (Study Issue) and Finding of Exemption from the California Environmental Quality Act
Report
BACKGROUND
Study Issue OCM 16-02 (Study Issue), Consider Adoption of a Wage Theft Ordinance (Attachment 1), was ranked number two by Council among the proposed Office of the City Manager (OCM) Study Issues in 2017. A budget supplement to provide $20,000 in funding for this project was approved by Council as part of the 2017/18 Adopted Budget. Staff has not used any of the funding and performed all the work with existing staff. The Study Issue's scope was to:
* Examine existing wage theft laws/ordinances/policies at the state and local level
* Learn about monitoring and enforcement efforts that have been implemented by other jurisdictions, including required resources
* Consider whether additional local remedies would be viable and/or effective
* Review City of San Jose and Santa Clara County Wage Theft Policies
* Review City/County of San Francisco wage theft program
The Study Issue paper also stated that the focus would be on "actions that are under the City's control" such as the City's procurement process and permitting responsibility. Staff was to review all City licenses and permits to "determine if the City has authority to suspend or revoke permits for businesses that have unpaid wage theft judgements."
EXISTING POLICY
3.80.040. Minimum Wage - Employers shall pay employees no less than the minimum wage set forth in this section for each hour worked within the geographic boundaries of the city of Sunnyvale. Governmental agencies are exempt from the minimum wage requirements unde...
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