As a result of a 2014 ballot question, 81 percent of Oakland voters approved a citywide Oakland minimum wage, paid sick leave allowance, and a guaranteed “service charge” payment for hospitality workers.
In November 2014, Oakland voters approved the following ballot question:
Shall Oakland’s Municipal Code Be Amended To: (1) Establish A Citywide Minimum Hourly Wage Of $12.25, To Be Increased Annually To Address Inflation; (2) Require Employers To Provide Employees Paid Sick Leave; (3) Require That Hotel, Restaurant And Banquet Facility Operators And Employers Pay Service Charges They Collect To Employees Providing Those Services; And (4) Provide Employees The Right To Bring An Action Against Employers To Enforce And Seek Remedies For Violation Of This Ordinance?
Oakland 2015 Minimum Wage
Oakland established a new citywide minimum wage rate of $12.25 per hour with annual increases tied to the rate of inflation. The Oakland minimum wage rate goes into effect March 2, 2015. Oakland requires all employers to display the new 2015 Oakland Minimum Wage Notice, which is included as part of the GovDocs Oakland City Poster Compliance Package. Order now and save 20% using coupon code BLOG20.
Oakland Paid Sick Leave
Oakland’s municipal code requires employers to offer at least five days of sick leave to all employees, with larger businesses required to provide nine days of sick leave. All employers must provide paid sick leave to each employee (part-time, full-time, and temporary) who performs at least two hours of work per workweek in Oakland.
- Accrual Rate: Employees accrue one hour of paid sick leave for every 30 hours worked. Employees begin accruing paid sick leave on March 2, 2015 for employees working for an employer on or before that date.
- Carry Over: An employee’s accrued paid sick leave will carry over from year to year but is not paid out at the time of separation of employment.
- Usage: Employees may use their accrued paid sick leave for their own medical care or to aid or care for a family member or designated person. Employees who are hired after March 2, 2015 may not use any paid sick leave until after 90 calendar days of employment.
- Small Businesses (fewer than 10 employees): Employees may accrue up to 40 hours of paid sick leave.
- Larger Businesses (more than 10 employees): Employees may accrue up to 72 hours of paid sick leave.
Oakland requires all employers to display the new Oakland Paid Sick Leave Notice, which is included as part of the GovDocs Oakland City Poster Compliance Package. Order now and save 20% using coupon code BLOG20.
We think “Childish Gambino” will like Oakland even more with paid sick leave and a ballin’ minimum wage.
Oakland Service Charge Law
Hospitality employers in Oakland who collect service charges from customers must pay the entirety of those charges to the hospitality workers who performed those services for which the charge was collected. Typically, hospitality employers include hotels, restaurants, or banquet facilities.
The charges covered by the ordinance include:
- Service charge
- Delivery charge
- Porterage charge
The ordinance does not cover tips / gratuities left for hospitality workers by a customer over and above the actual amount due for services rendered or for goods, food, drink or articles sold. The Oakland Service Charge Law notice is required only for hospitality employers.
Note: The Oakland Service Charge Law notice is required only for hospitality employers and is not included in the GovDocs Oakland City Poster Compliance Package.
Oakland Required Workplace Postings
Oakland is one of more than 50 U.S. cities for which GovDocs provides ongoing workplace poster coverage. Oakland requires all employers to display the new 2015 Oakland Minimum Wage Notice and the Oakland Paid Sick Leave Notice. They are included as part of the GovDocs Oakland City Poster Compliance Package. Order now and save 20% using coupon code BLOG20.
Additionally, Oakland required employers with workforces containing more than10 percent of Spanish-speaking employees to display all required postings in Spanish.