The URL can be used to link to this page

Home My WebLink Aboutordinance.council.065-89 ORDINANCE NO. ~ (Series of 1989) AN ORDINANCE ESTABLISHING A MINIMUM HOURLY WAGE WITHIN THE CITY OF ASPEN; EXEMPTING CERTAIN EMPLOYEES; REQUIRING THAT CERTAIN WORK RECORDS ARE ~INTAINED FOR PURPOSES OF ENFORCEMENT; AND ESTABLISHING CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS WHEREAS, the Aspen City Council has determined that Federal minimum wage rates are inadequate to meet the cost of living of employees within the City of Aspen; and WHEREAS, the Fair Labor Standards Act, pursuant to which the Federal minimum wage is established, provides that local govern- ments may adopt minimum wages higher than established under the Act (29 U.S.C. §218(a)). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 - Definitions. As used in this Ordinance: (a) "Commerce" means trade, commerce, transportation, transmission or communication. (b) "Employee" means any individual employed by an employer and who is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce, within the City of Aspen, Colorado, except: (1) any individual employed by the United States government, the State of Colorado, or political subdivision of the State of Colorado (except the City of Aspen or any intergovernmental agency established by the City of Aspen); and (2) any individual who is a spouse, child, or other immediate family member of an employer. (c) "Employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee. (d) "Enterprise" means the related activities performed (either through unified operation or common control) by any person or persons for a common business purpose, and includes all such activities whether performed in one or more establishments or by one or more corporate or other organizational units includ- ing departments of an establishment operated through leasing arrangements, but shall not include the related activities per- formed for such enterprise by an independent contractor. (e) "Enterprise engaged in commerce or in the production of goods for commerce" means an enterprise which has employees engaged in commerce or in the production of goods for commerce, or employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person, and includes enterprises engaged in the business of construction. Any establishment which has as its only regular employees the owner thereof or the parent, spouse, child, or other member of the immediate family of such owner shall not be considered to be an enterprise engaged in commerce or in the production of goods for commerce or a part of such an enterprise. (f) "Goods" means goods, wares, products, commodities, merchandise, or articles or subjects of commerce of any charac- ter, or any part or ingredient thereof, but does not include goods after their delivery into the actual physical possession of the ultimate consumer thereof other than a producer, manufacturer or processor thereof. (g) "Industry" means a trade, business, industry, or other activity, or branch or group thereof, in which individuals are gainfully employed. (h) "Person" means an individual, partnership, association, corporation, business trust, legal representative, or any or- ganized group of persons. (i) "Produced" means produced, manufactured, mined, han- dled, or in any other manner worked on and, for the purposes of this Ordinance, an employee shall be deemed to have been engaged in the production of goods if such employee was employed in producing, manufacturing, mining, handling, transporting, or in any other manner working on such goods, or in any closely related process or occupation directly essential to the production thereof. (j) "Sale" or "sell" includes any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition. (k) "Tipped employee" means any employee engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips. (i) "Wage" paid to any employee includes the reasonable cost to the employer of furnishing such employee with board, lodging, or other facilities, if such board, lodging, or other facilities are customarily furnished by such employer to his employees. In determining the wage of a tipped employee, the amount paid such employee by his employer shall be deemed to be increased on account of tips by an amount determined by the employer, but not by an amount in excess of 40 per centum of the applicable minimum wage rate, except that the amount of the increase on account of tips determined by the employer may not 09/SD1 -2- exceed the value of tips actually received by the employee. The previous sentence shall not apply with respect to any tipped employee unless (1) such employee has been informed by the employer of the provisions of this subsection, and (2) all tips received by such employee have been retained by the employee, except that this subsection shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips. Section 2 - Minimum Hourly Wage. Every employer shall pay to his employees not less than $ per hour. Section 3 - Records. Every employer subject to the provisions of this Ordinance shall make, keep, and preserve such records of the persons employed by him and of the wages and hours of those employed, and shall preserve such records for such periods of time established by the Finance Director of the City of Aspen necessary or appropriate for the enforcement of the provisions of this Ordinance. Section 4 - Exemptions. The provisions of this Ordinance shall not apply to with respect to: (a) any employee employed in a bona fide executive, admin- istrative or professional capacity, or in the capacity of outside salesman; (b) any employee sixteen years and younger; or (c) full-time students in retail or service establishments. Section 5 - Violations. It shall be unlawful for any person: (a) to violate the provisions of Section 2 or 3 or any regulation or order issued by the Director of Finance under Section 3; (b) to discharge or in any other manner discriminate against any employee because such employee has filed any com- plaint or instituted or caused to be instituted any proceeding under or relating to this Ordinance, or has testified or is about to testify in any such proceeding; or 09/SD1 -3- (c) to make any statement, report, or record filed or kept pursuant to the provisions of Section 3, or of any regulations or order thereunder, knowing such statement, report, or record to be false in a material respect. Section 6 - Penalties; Civil and Criminal Liability; Enforcement Procedure. (a) Any person who willfully violates any of the provisions of Section 2, 3, or 5 shall, upon conviction thereof, be subject to a fine of not more than $300.00, or to imprisonment for not more than ninety days, or both. (b) Any employer who violates the provisions of Section 2 of this Ordinance shall be liable to the employee or employees affected in the amount of their unpaid minimum wages and an additional equal amount as liquidated damages, notwithstanding any agreement to work for a lesser wage. (c) Any employer who violates the provisions of Sec- tion 5(b) of this Ordinance shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of Section 5(b) including, without limitation, employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages. (d) An action pursuant to Sections 6(b) or (c) may be maintained against any employer in any court of competent juris- diction. The court, in such action, in addition to any judgment awarded to the plaintiff, shall allow a reasonable attorneys' fee to be paid by the defendant, and costs of the action. (e) All actions brought pursuant to this Ordinance shall be commenced within two years after the cause of action accrued, and any such action shall be forever barred unless commenced within two years after the cause of action accrued. Section 7 - Relation to Other Laws. No provision of this Ordinance or order thereunder shall excuse noncompliance with any Federal or state law establishing a minimum wage higher than the minimum wage established under this Ordinance. It is the intent of this Ordinance not to lower any labor standards existing, but to apply only where the provisions of this Ordinance are more beneficial to the employee. No provision of this Ordinance shall be relied on to justify any employer in reducing a wage paid by him which is in excess of the minimum wage applicable under this Ordinance. 09/SD1 -4- Section 8 - Severability Clause. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this Ordinance are declared to be severable. A public hearing on this Ordinance shall be held on the day of , 1989, at __.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held , 1989. William Stiriing, Mayor ATTEST: Kathryn Koch City Clerk FINALLY ADOPTED AND APPROVED ON , 1989. William Stirling, Mayor ATTEST: Kathryn Koch City Clerk 09/SD1 -5--