Hazard Pay

HAZARD PAY ORDINANCE

Effective May 6, 2021, the Alameda City Council adopted the Hazard Pay Ordinance. Please click here(PDF, 5MB) to view the ordinance.

Printable Hazard Pay Notices

• English(PDF, 236KB)
• Chinese(PDF, 186KB)
• Spanish(PDF, 44KB)
• Vietnamese(PDF, 178KB)
• Tagalog(PDF, 79KB)

Complaints:

The Community Development Department encourages residents or employees to submit a complaint if they believe an employer has violated the Hazard Pay Ordinance. The City of Alameda will keep confidential the names or any other identifiable information provided, to the maximum extent permitted by law.  Employees who file a complaint are protected from retaliation or discrimination by their employer. Please fill out the attached form and the Community Development Department will reach out to discuss next steps. If you need additional assistance please contact 510-747-6890 or hazardpay@alamedaca.gov.  

Hazard Pay: Employee Complaint & Questionnaire(PDF, 832KB)

As an employer in the City of Alameda, you need to know the following requirements:

• Effective May 6, 2021, employees of Large Grocery Stores shall receive no less than an additional $5.00 per hour for all hours worked on top of the Covered Employee's Base Wage or Holiday Premium, whichever is applicable at the time of hours worked as provided for in City of Alameda Ordinance Number 3298.

• The City of Alameda Hazard Pay Ordinance applies to all employees working within the geographic boundaries of the City of Alameda.

• Employers are required to post the Official Hazard Pay Notice in English. The Notice must be translated into any language spoken by more than 10% of employees, if applicable. The notice must be posted at every job site or work place in a conspicuous place. The Official Hazard Pay Notice can be downloaded above. Printed copies are also available at the Community Development Department located in City Hall West 950 West Mall Square, Room 205, Alameda CA, 94501.

• Covered Employers must, upon request, immediately provide the following to the Community Development Department to receive credit for Employer-Initiated Hazard Pay:
  1. A copy of the Employer's Hazard Pay policy; and
  2. A statement, provided under penalty of perjury, explaining Covered Employees' hourly Base Wages, hourly Holiday Premiums, hourly employer-initiated hazard pay, and any other wage bonuses received during the last twelve (12) all months; and
  3. For any Covered Employee(s) as to whom a Covered Employer seeks credit for Employer-Initiated Hazard Pay, documentation reflecting that such payments were made, for each hour claimed; and
  4. Documentation that allows the City to review for compliance by assessing wages for the past twelve (12) months and that is itemized in such a way that the City can understand a Covered Employee's Base Wage distinguished from Holiday Premiums and other bonuses or pay increases that are separate and distinct from employer-initiated hazard pay.
     • The following constitutes acceptable evidence of employer-initiated hazard pay described in Subsection (B)(4) of Ordinance 3298: A spreadsheet, of all Covered Employees and their wages for each pay period for the last twelve (12) months, that allows the City to distinguish Base Wage from Holiday Pay and other bonuses or pay increases that are separate and distinct from employer-initiated hazard pay.
     • Production of the evidence described in Subsection (B)(4)(a) of Ordinance 3298 does not exempt any Covered Employer from maintaining, and providing access to, the underlying payroll records described in this Section.

• Covered Employers shall pay Hazard Pay to all Covered Employees for any pay period during which the City of Alameda is within a Widespread (purple), Substantial (red) or Moderate (orange) Risk Level, and until such time as Risk Levels return to Minimal (yellow) under State Health Orders.

• Employer-Initiated Hazard Pay shall be credited against the five dollars ($5.00) per hour for the hourly amount paid to each Covered Employee (e.g., A Covered Employer offering two dollars ($2.00) per hour in Employer-Initiated Hazard Pay owes an additional three dollars ($3.00) per hour in Hazard Pay per this Section.) To receive credit for paying a Covered Employee Employer-Initiated Hazard Pay, a Covered Employer must demonstrate that, as of the effective date of this Section and in any subsequent covered workweeks, the Covered Employer paid such Employer Initiated Hazard Pay to the Covered Employee. No Covered Employer shall be credited prospectively for any past payments. No Covered Employer shall be credited for any hourly premiums already owed to Covered Employees, such as but not limited to, Holiday Premiums. Nothing herein shall be interpreted to prohibit any employer from paying more than five dollars ($5.00) per hour in Hazard Pay.

• The Hazard Pay rate may not include compensation already owed to Covered Employees, Holiday Premium rates, gratuities, service charge distributions, or other bonuses.

• Employers may not eliminate, decrease or increase the cost of current employee benefits (such as meals, parking, health insurance, vacation, uniforms etc.) due to the increase in hazard pay.

• Under the Ordinance, it is unlawful for an employer to retaliate against any employee(s) who asserts their rights under this Ordinance. Employers who retaliate against employees may be subject to administrative and criminal enforcement. 

• Should an employer be found out of compliance with the notice, the employer is subject to an administrative and/or criminal citation under the Ordinance. In addition, an employer found out of compliance may be required to pay back wages for pay that was unlawfully withheld or underpaid.

For additional information, contact the Community Development Department

Phone: 510-747-6890

Email: hazardpay@alamedaca.gov

As an employee working in the City of Alameda, here are the rights and protections you should know regarding hazard pay:

•  Effective May 6, 2021, employees of Large Grocery Stores shall receive no less than an additional $5.00 per hour for all hours worked on top of the Covered Employee's Base Wage or Holiday Premium, whichever is applicable at the time of hours worked as provided for in City of Alameda Ordinance Number 3298.

• Alameda’s Hazard Pay must be paid to any employee who performs work in the City of Alameda.

• The Hazard Pay rate shall not include compensation already owed to Covered Employees, Holiday Premium rates, gratuities, service charge distributions, or other bonuses.

• Employers may not eliminate, decrease or increase the cost of current employee benefits (such as meals, parking, health insurance, vacation, uniforms etc.) due to hazard pay.

• An employee is protected from retaliation for exercising their rights under this ordinance, this includes but is not limited to: the right to file a complaint, the right to inform any person of their potential rights under this article or education any person about this ordinance or assist anyone in asserting their rights under this ordinance. This includes anyone who mistakenly but in good faith alleges noncompliance with this ordinance. 

• Adverse action taken against an employee within 90 days of exercising their rights shall raise a rebuttable presumption of having done so in retaliation.

• Information submitted to the Community Development Department will remain confidential to the maximum extent possible. This includes names or any other identifiable information.

• Any person may report any suspected violation of the Hazard Pay Ordinance, including retaliation, to the Community Development Department.

For additional information, to file a complaint or to request more information contact the Community Development Department.

Phone: 510-747-6890

Email: hazardpay@alamedaca.gov