§ 2-149. Living wage  


Latest version.
  • (a) Living wage paid. The county shall pay the living wage to all county employees providing any services within the scope of their county employment. Non-county employers shall pay the living wage to all non-county employees.

    (b) Annual living wage adjustment. The county shall adjust the living wage annually as follows:

    (1) The county shall adjust the living wage for county employees by using the same procedure used for the county's annual across-the-board wage adjustment. If a collective bargaining agreement with the county specifies an annual across-the-board wage adjustment procedure, the county shall use that procedure to adjust the living wage for those county employees covered by the collective bargaining agreement.

    (2) The county shall adjust the living wage for non-county employees by using the U.S. City Average Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) which is calculated and published monthly by the Bureau of Labor Statistics of the U.S. Department of Labor. Each annual living wage adjustment shall take effect on the first day of October. Inflation shall be calculated as the difference, expressed as a percentage, between the average monthly CPI-W for the current period, defined as the previous twelve-month calendar year ending December 31, and the average monthly CPI-W for the prior period, defined as the twelve-month calendar year preceding the current period. The difference shall be converted to a percentage of the average monthly CPI-W for the prior period, and this percentage shall be applied to the living wage to arrive at the living wage adjustment.

    (c) Certification required Before entering into any paratransit contract or construction contract, the prospective non-county employer must provide a certificate to the purchasing department, if the contractor is providing paratransit transportation services, or to the construction department if the non-county employer is a general contractor, or to the prime contractor if the non-county employer is a subcontractor, stating that if the prospective non-county employer is awarded the contract it will pay each non-county employee no less than the living wage. A copy of the certificate must be made available to the public upon request. The certificate must include the following:

    (1) The name, address, and phone number of the prospective non-county employer, a local contact person, and the specific project for which the paratransit contract or construction contract is sought;

    (2) The amount of the paratransit contract or construction contract;

    (3) A brief description of the project or service provided under the paratransit contract or construction contract;

    (4) A statement of the wage levels for prospective non-county employees; and

    (5) A commitment to pay each non-county employee a living wage if the prospective non-county employer is awarded the contract.

    (d) Observance of other laws. County and non-county employees shall be paid at least every two (2) weeks, 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).

    (e) Notice and posting. Non-county employers shall post a copy of the following statement at the work site in a prominent place where it can easily be seen by the employees:

    "NOTICE TO EMPLOYEES: If you are employed to provide certain services to Palm Beach County, your employer may be required by Palm Beach County law to pay you at least [insert the living wage hourly pay rate, as adjusted] per hour. If you are not paid this hourly rate, contact your supervisor or Palm Beach County."

    The preceding statement shall be printed in English, Spanish, and Creole, and shall be printed with black lettering on letter-size, white paper using a Times New Roman fourteen-point font, Courier New fourteen-point font, or Arial fourteen-point font. Posting requirements will not be required if the non-county employer attaches a copy of the preceding statement to the employee's first paycheck, and to subsequent paychecks at least every six (6) months thereafter. Non-county employers shall supply a copy of the preceding statement to any employee upon request within a reasonable time. Non-county employers shall forward a copy of the requirements of this division to any person or business submitting a bid for a subcontract on any contract covered by this division.

    (f) Collective bargaining. Nothing in this division shall be read to require or authorize any employer to reduce wages set by a collective bargaining agreement or as required under any prevailing wage law.

(Ord. No. 03-004, § 3, 2-25-03; Ord. No. 04-002, pt. 2, 1-13-04; Ord. No. 2011-004, § 1, 3-15-11; Ord. No. 2014-018, § 1, 5-20-14)