Public Comment

Hurray Berkeley! $15 An Hour On October 1

Harry Brill
Friday September 28, 2018 - 12:08:00 PM

On October 1st the legal minimum wage in Berkeley increases to $15 an hour. And to prevent inflation from eroding its value, beginning next year on July 1 the minimum wage will increase in tandem with the rate of inflation. Unlike most minimum wage laws, including the federal law, the Berkeley ordinance is among the very few that will adjust the minimum wage to the rising cost of living.

For those who wait tables at restaurants there is very good news. The tips belong entirely to these employees. The mandated $15 an hour wage is in addition to the tips.

Also, employers are required to pay sick leave, which is up to 48 hours in businesses that employ under 25 employees. That's the equivalent of six days for full time workers. For larger businesses, the law entitles workers to sick leave up to 72 hours, which is the equivalent of 9 days.

Especially important, the law has teeth. Employers who violate the ordinance could be fined as high as $1,000 for retaliation against an employee for exercising his or her rights, and up to $500 for other violations including the failure to post notices that inform employees of their rights.

The organizations and individuals who have been involved in persuading the Berkeley City Council to enact the minimum wage law were engaged in an uphill battle. Two years ago, when the minimum wage law was proposed, a majority of the City Council members were adamantly opposed to it. But as a result of an unrelenting organizing campaign and the tremendous community support for a minimum wage law, the ordinance was approved unanimously. 

However, one important concession that was made is to allow nonprofit and governmental entities to hire young people at lower wages provided the job includes a serious training and education component. But many nonprofit corporations, whose CEO's earn annually millions of dollars, are nonprofit in name only. There is concern that some of these placements entail no training, and serve only as an excuse to pay sub-minimum wages. These businesses should be required to pay substantial fines to assure that they obey the law. Violators should not enjoy an advantage over the majority of employers, most of whom will abide by the ordinance. 

Although wage issues are immensely important, it is also crucial to address the conditions of work. At the request of Council Member Kate Harrison, the Berkeley City Council recommended to its Labor Commission that they draft a proposal to the City Council for the purpose of requiring employers to give sufficient advanced notice of schedule changes. For many workers,such as women with young children, too short a notice could impose an immense hardship. Requiring employers to provide adequate advance notice to employees is among our next challenges. 

Employees working in Berkeley who would like more information or believe that their rights have been violated, should contact Nathan Dahl, Coordinator of the Community Development Project. 

Email Address: ndahl@cityofberkeley.info