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July 2022: The City of Los Angeles Raises Minimum Wage to $25 for Certain Healthcare Workers

07 Jul

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Update Applicable to:
All employers of privately-owned healthcare facilities in the city of Los Angeles, California.

What happened?
On June 29, 2022, the Los Angeles City Council approved a new minimum wage ordinance for certain healthcare workers at privately-owned healthcare facilities within the city of Los Angeles titled as “Healthcare Workers Minimum Wage Ordinance.”

What are the details?

Although the ordinance goes into effect 30 days after signage from Mayor Garcetti, the minimum wage for covered employees will increase to $25 per hour on January 1, 2024, and annually thereafter.

The minimum wage shall increase based on the annual cost of living, as measured by the Consumer Price Index for the Urban Wage Earners and Clerical Workers for the Los Angeles metropolitan area.

The ordinance expressly bars employers from funding the wage increase by laying off workers, reducing their hours, reducing vacation, healthcare, or other non-wage benefits, or increasing charges they incur for parking or work-related materials and equipment.

Covered Facilities
The ordinance includes, but is not limited to, the following privately-owned healthcare facilities located within the City of Los Angeles:

  • General acute care hospitals;
  • Acute psychiatric hospitals;
  • Clinics that are part of general acute care hospitals and acute psychiatric hospitals;
  • Skilled nursing facilities that are part of general acute care hospitals and acute psychiatric hospitals;
  • Residential care facilities for the elderly that are located or licensed at the same address or located on the campus of an acute psychiatric hospital; and
  • Chronic dialysis clinics.

Covered Employers
The new minimum wage applies to employees of “covered facilities” who provide patient care, healthcare services, or services supporting the provision of healthcare, including clinicians, nurses, certified nursing assistants, aides, technicians, maintenance workers, janitorial or housekeeping staff, groundskeepers, guards, food service workers, laundry workers, pharmacists, nonmanagerial administrative workers, and business office clerical workers.

The ordinance does not apply to managers or supervisors, as well as employees whose primary work assignments are principally outside a covered facility, like delivery workers.

One-Year Waiver
If an employer can demonstrate by substantial evidence that compliance with the ordinance would raise substantial doubt about the employer’s ability to continue to operate the facility, a court of competent jurisdiction may grant a one-year waiver from the $25 per hour minimum wage requirement. Substantial evidence includes documentation of the employer’s financial condition, as well as the condition of any parent or affiliated entity, and evidence of the actual and potential direct financial impact of compliance with the ordinance. The one-year waiver does not exempt the employer from complying with all other federal, state, or local laws and regulations, including any other applicable minimum wage requirements.

Per the Office of the City Clerk, July 11, 2022 is the deadline for the Mayor to sign the ordinance.

For more information, please see the links below:

Healthcare Workers Minimum Wage Ordinance

Article

What do employers need to do?
Employers should review the links provided above and make adjustments to their minimum wage to ensure they are in compliance with the city law once the first increase begins on January 1, 2024.

If you have any questions regarding payroll, please contact your Payroll Processor. If you have questions regarding minimum wage compliance, please contact your Strategic Relations Representative.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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