§ 66-1Title and purpose.
§ 66-3Living wage required.
§ 66-4Applicability of living wage requirements.
§ 66-5Duration of requirements.
§ 66-6Bid and contract provisions.
§ 66-7Applications and agreements for financial
§ 66-8Recordkeeping and disclosure requirements.
§ 66-9Prohibition of discrimination or retaliation
against employees asserting rights.
§ 66-11Violations and penalties.
§ 66-12Living wage community advisory council.
§ 66-13Prospective applications; when effective.
This chapter shall be known as the "City of Camden Living Wage Ordinance."
The purpose of this chapter is to require that a minimum level of compensation, constituting a living wage, be paid to City employees, employees of service contractors of the City and their subcontractors, and employees of entities receiving financial assistance from the City.
The following definitions shall apply throughout this chapter:
- The City of Camden and all City agencies, departments, and offices.
- Any person or entity that enters into a service contract with the City.
- Any person employed by the City, by a contractor or a subcontractor to a City contractor; or by a recipient of financial assistance. "Employee" includes part-time, temporary, and seasonal workers. "Employee" does not include summer youth program hirees, or seniors employed under special employment programs.
- Any person or entity, which is a contractor, subcontractor, or recipient of financial assistance.
- A proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, receiver, trustee, or other entity recognized by law that may employ individuals or enter into contracts with the City.
- FINANCIAL ASSISTANCE
- Assistance provided by the City through use of public funds, including federal and state funds administered by the City, and includes but is not limited to economic development grants and subsidies, tax abatements, forgivable or below-market interest loans, reduction or deferral of any tax or any fee, guarantee of payment under a loan, lease, or other obligation, lease or sale of public land at below-market value, tax increment financing, improvements to land paid for or done by public entity, industrial development bonds, CDBG, HOME and ESG loans and grants, Enterprise Zone grants and benefits, and investment fund loans. It does not include technical assistance by City staff.
- POVERTY LEVEL
- An annual income equal to the United States Department of Health and Human Services most recently published poverty guideline for a family of four.
- RECIPIENT OF FINANCIAL ASSISTANCE
- Any person or entity which receives financial assistance from the City, and includes a tenant or leaseholder who occupies property or uses equipment or property that is improved or developed as a result of the financial assistance even if that person or entity is not the direct recipient of the financial assistance. It does not include intermediaries which only serve to pass through the financial assistance to other parties.
- SERVICE CONTRACT
- A contract entered into by the City for furnishing of services or labor to or for the City not subject to a prevailing wage requirement. It does not include contracts for the purchase or lease of goods, products, equipment, supplies or other property or contracts where services are incidental to the delivery of products, equipment, or commodities.
- Any person or entity who enters into a contract with a contractor to assist the contractor in performing a service contract.
- SUMMER YOUTH HIREES
- Persons less than 18 years of age who are students and who are employed as trainees for summer or after-school programs for a period no longer than 90 days.
Payment of living wage required. Employees covered by the provisions of this chapter must be paid a living wage and be provided reasonable health and other benefits.
Living wage defined.
The amount of the minimum wage to be paid to all covered employees is $8 per hour. The total wage and benefit package must total $9.50 per hour. This benefit package may include wages paid to the employee, amounts paid by the employer on behalf of the employee for medical, dental, prescription benefits, pension, paid leave, and education allowance. It does not include payments required by federal and state law, such as social security, FICA, workers' compensation, and unemployment compensation.
Employees who receive tips, commissions, or whose compensation consists of more than hourly wages shall be paid an hourly wage which, when combined with the other compensation, will at least equal the living wage.
Annual adjustment. This amount of the living wage shall be adjusted by Council on an annual basis to conform to increases in the federal poverty level.
No bar to payment of higher wage. Nothing in this chapter shall prohibit the payment of more than the living wage to any person.
Persons covered. This chapter requires payment of a living wage to the following persons:
All employees of the City.
All employees of contractors and subcontractors who expend any of their time in the provision of services to the City pursuant to a service contract, provided that the contract is in an amount of $10,000 or more.
All employees of recipients of financial assistance who expend any of their time on the premises or are otherwise directly involved in the project or property which was subsidized through the grant of financial assistance, provided that the amount of financial assistance is $10,000 or more.
Collective bargaining agreement may supersede chapter requirements. Parties to a collective bargaining agreement may provide that the bargaining agreement supersedes the requirements of this chapter.
Prevailing wage standards to supersede chapter. If the work being performed is a public work subject to a prevailing wage requirement, the prevailing wage standard shall apply.
A service contractor or subcontractor shall be required to comply with the provisions of this chapter for the term of the contract. Recipients of financial assistance shall be required to comply with the requirements of this chapter for the period of the assistance, or if there is no defined term, for a period of 15 years.
Process for public bidding and selection of contractor. Bid specifications for all service contracts covered by this chapter which are publicly bid pursuant to N.J.S.A. 40A:11-1 et seq. shall require that employees performing services under the contract must be paid a living wage, as defined in this chapter, unless already subject to a prevailing wage requirement. Where service contracts are covered by the terms of this chapter but are not subject to the public bidding process, prospective contractors will be informed of the applicability of this chapter at the time that quotations are solicited.
Required contract provisions.
Every service contract to which this chapter applies shall contain a provision stating that the contract is subject to this chapter. The contract must require that a living wage, as defined in this chapter, shall be paid to all covered employees employed in the performance of the contract, including the employees of subcontractors. The contract will provide that contractors shall be responsible for ensuring that their subcontractors comply with this chapter and the requirements will be included in the contracts between the contractor and subcontractor.
The City's service contracts which come under the provisions of this chapter shall also provide that the contractors and subcontractors shall permit access to work sites and relevant payroll records to authorized City representatives for the purpose of monitoring compliance with this chapter, investigating employee complaints of noncompliance, and evaluating the operation and effects of this chapter. The contracts shall also contain a provision that in the event it is found that an employer has paid a worker covered under this chapter less than the minimum required living wage or has otherwise failed to comply with the terms of this chapter, such violation will constitute a breach of the agreement, the City may utilize the remedies available and take legal action to enforce its rights as provided in this chapter, and the employee may enforce the contract as the intended third-party beneficiary. The contract shall further provide that, if the contract is terminated for violations of this chapter, the contractor shall be liable to the City for any excess costs in obtaining the services for which it contracted.
Applications for financial assistance. All requests for proposals, requests for qualifications, applications for grants and for other forms of financial assistance which come under the terms of this chapter shall state that the agreement to provide financial assistance shall be subject this chapter. A certification by the entity applying for assistance that living wage will be paid to all covered employees shall be required as part of the submission.
Financial assistance agreements; required terms.
A written agreement shall be executed between the City and any recipient of financial assistance to whom this chapter applies. These agreements, which include but are not limited to grant agreements, payment in lieu of taxes agreements, leases, real estate options, and sales contracts, will require that a living wage, as defined in this chapter, shall be paid to all covered employees. The agreements will provide that recipients of financial assistance shall be responsible for ensuring that their contractors, subcontractors, tenants, or leaseholders comply with this chapter and that the requirements will be included in the contracts between the recipient of financial assistance and its subcontractors or leaseholders and tenants.
The City's agreements to provide financial assistance which come under the provisions of this chapter shall also state that the recipients of financial assistance shall permit access to work sites and relevant payroll records to authorized City representatives for the purpose of monitoring compliance with this chapter, investigating employee complaints of noncompliance and evaluating the operation and effects of this chapter. The agreements shall also contain a provision that, in the event it is found that an employer has paid a worker covered under this chapter less than the minimum required living wage or has otherwise failed to comply with the terms of this chapter, such violation will constitute a breach of the agreement, the City may utilize the remedies available and take legal action to enforce its rights as provided in this chapter, and the employee may enforce the contract as the intended third-party beneficiary. Leases for City-owned property shall provide that failure to comply with this chapter shall constitute a breach of the lease.
Maintenance of employment records. Employers shall be required to maintain payroll records for all employees covered under this chapter which contain name and address of each employee, job title and classification, the number of hours worked, gross and net wages paid, copies of social security wage and withholding reports. The employment records shall be preserved by the employer for a period of three years.
Reporting of employment data and compliance with this chapter.
Employers shall be required to submit a certification that the employer has complied fully with the requirements of this chapter and to fill out a report in a form provided by the City which contains the following information regarding all covered employees:
Contractors and subcontractors shall provide the information regarding all covered employees at the time of commencement of the contract, on quarterly basis during the term of the contract, and at the completion of the contract term.
Recipients of financial assistance shall disclose the above information at the time the assistance is received, or if there are no persons employed by the recipient at that time, then at the time that the first employees are hired at the place of business, and twice per year thereafter during the term of the applicability of the requirements of this chapter.
Failure to disclose information on a timely basis shall constitute a violation of this chapter. The Officer may direct the fiscal official charged with disbursement of the City's funds to withhold funds due to the contractor until such time as the information is provided.
Submission of inaccurate, false, misleading, or fraudulent information shall also constitute a violation of this chapter.
Notice to employees. Every employer shall provide notification to all employees covered under the terms of this chapter of their rights under the provisions of this notice. The employer shall post in a conspicuous place on any job site subject to this chapter a copy of the minimum living wage rate.
Public access to information. All of the information collected will be public information available for inspection and copying upon reasonable request.
Employers are prohibited from discharging, reducing the wages or otherwise taking any retaliatory action or discriminatory action against any employee for making a complaint to the City or otherwise asserting his or her rights under this chapter.
Responsibility for enforcement. The City Contract Compliance Officer ("Officer") shall have principal responsibility for collecting the data, monitoring compliance, hearing complaints, and enforcing the provisions of this chapter. The Officer shall have the authority to enter and inspect the place of business employing workers covered under this chapter and to inspect payroll records and question employees for the purpose of ascertaining whether the provisions of this chapter are being complied with.
Violation of chapter. Any employer who fails to make, keep, or disclose any record as required under the provisions of this chapter, or falsifies any such record, or pays wages less than required under this chapter, or takes discriminatory or retaliatory action against an employee, or otherwise does not comply with any provision of this chapter may be found to have committed a violation of this chapter. Each day on which an employee was paid less than the required wage shall constitute a separate offense.
Procedures for bringing complaints, enforcing remedies, and appeals. Any employee or any concerned member of the public who believes an employer is in violation of this chapter may file a complaint with the Contract Compliance Officer. The Officer shall promptly investigate the complaint and make an initial determination whether a violation exists. The Officer may also initiate an investigation on his or her initiative. Statements made by an employee in the course of investigation of a violation shall be treated as confidential and shall not be disclosed to the employer without the consent of the employee. If a violation is found, notice shall be given by certified and regular mail to the owner of the finding of the violation and of the remedies the City intends to utilize for enforcement of its rights. The employer may request a hearing and review of the decision by the Business Administrator within 14 days of receipt of the notice. The findings of the Officer shall become final after the expiration of the 14 days, if no hearing is requested. If a hearing is held, the Business Administrator shall make a final determination.
Remedies for breach of the contract or the agreement to provide financial assistance include:
Restitution to employee for unpaid wages.
Suspension of payments under the contract until restitution for unpaid wages is made.
Termination of the contract or grant of financial assistance.
Repayment of the entire amount or a prorated portion of the financial assistance.
Debarment from contracting with the City of Camden for five years after three violations, extending to a parent, subsidiary, or other closely related entity of the ineligible party.
Ineligibility to obtain future financial assistance from the City for a period of five years.
Unless otherwise provided for in any other section of this chapter, any person who violates any provision of this chapter shall, upon conviction, be punished by a minimum fine of $100, but not exceeding $1,000.
For purposes of this section, a separate offense shall be deemed committed for each employee and on each day during which an employee was paid less than the required wage.
No limitation on other available remedies of employee. This chapter shall not be construed to limit an employee's ability to bring any legal action or otherwise enforce his or her rights for violation of any rights of the employee.
Living Wage Community Advisory Council established. There is hereby established a Living Wage Community Advisory Council of the City of Camden, with the powers and duties described herein.
Membership of Council; terms of office. The Living Wage Community Advisory Council shall consist of seven members. Initially, the composition of the Council shall consist of four members who shall be appointed for terms of two years and three members who shall be appointed for periods of one year; thereafter, all members of such Council shall be appointed for terms of two years.
Appointment of Council.
Members of the Living Wage Community Advisory Council shall be appointed by the Mayor with the approval of City Council. If the Mayor fails to appoint a member for a vacant position within 30 days of the position becoming vacant, City Council may make the appointment.
The membership of the Council shall comprise of the following: two representatives from organized labor; two representatives from the community; one representative from business; one representative from government; and one representative from nonprofit organizations.
Removal of Council members. Members of the Living Wage Community Advisory Council may be removed for nonperformance or neglect of their duties or for other good cause by the Mayor, with the concurrence of the majority of City Council.
Compensation of Council. Members of the Living Wage Community Advisory Council shall serve without compensation.
Filling vacancies on Council. Vacancies in the Living Wage Community Advisory Council, for whatever reason, shall be filled in the manner provided for new appointments.
Powers and duties of Council. The powers and duties of the Living Wage Community Advisory Council shall include the following:
Adopting rules and procedures for the regulation and conduct of its meetings.
Evaluating reports submitted by entities bidding on contracts and applying for financial assistance to determine their compliance with the terms of this chapter.
Making recommendations to the Camden City Council regarding award of contracts and grants of financial assistance with regard to the provisions of this chapter.
Monitoring the compliance of contractors and recipients of financial assistance subject to this chapter.
Supplying information to the public regarding this chapter.
Reporting to and advising City Council on matters regarding the implementation and enforcement of this chapter and, when necessary, recommending needed changes either to this chapter or to the enforcement procedures being utilized.
The provisions of this chapter shall apply to service contracts awarded and financial assistance provided after the effective date of this chapter. It shall also apply to a contract amendment and to any renewals of financial assistance to current recipients of assistance, made after the effective date of this chapter, if the amount of the contract amendment or financial assistance exceeds the threshold amount of $10,000. The chapter requirements shall not apply to ongoing financial assistance agreements such as tax abatements until their current term has expired and they are being renegotiated or renewed.