PAY, HOURS AND BENEFITS A. WAGES
Requiring Health Benefits for Covered Employees Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at ▇▇▇.▇▇▇▇▇.▇▇▇/▇▇▇▇. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.
Employee Entitlements while on Worker’s Compensation If an Employee is absent from work and is in receipt of worker’s compensation, the Employee’s contract of employment shall remain intact during the period of absence, the Employer shall continue to make contributions on behalf of the Employee to all the Employee Entitlement Funds as outlined in clauses 20 to 23 (inclusive) of this Agreement. The Employee shall also continue to accrue all appropriate leave entitlements for the entire period for which worker’s compensation is in receipt.
VACATIONS AND VACATION PAY 9.01 Employees shall receive vacation pay in accordance with the provisions outline below: (as of July 1st of the current year) VACATION PAY a. 0 - 3 years 4% of annual gross earnings b. Upon completion of 3 years 5% c. Upon completion of 4 years 6% d. Upon completion of 10 years 8% 9.02 The Employer will endeavour to grant vacations at the times requested, in the vacation seasons or periods, considering business requirements. 9.03 A vacation list will be posted in the office on May 1st of each year for employees to indicate the time they wish to have. The final list will be posted by June 1st of each year. Any subsequent vacation time will be granted on the basis of work scheduling requirements. All employees shall be granted a minimum of one (1) week during the summer vacation period. Employees wishing two (2) weeks or more may do so by arrangement with the Employer prior to the posting of the vacation schedule. Any conflict will be settled on the basis of seniority. 9.04 When vacations are requested by more employees than can be reasonably scheduled to be away at any one time and still carry on efficient company operations, then the choice of those employees permitted to take their vacation will be, insofar as possible, based on seniority. a. The Employer shall include in each pay period the appropriate amount of vacation pay in the gross pay for all employees. The employee's cheques shall show the gross pay, and all regular deductions shall be made from the gross amount. After all other deductions have been made, the Employer shall deduct the employee's total vacation pay for the pay period. The vacation pay for all employees will be remitted monthly by the Employer to the Vacation Pay Trust Fund of the Employee's Trust Fund, together with an itemized list of the employees for whom remittances are made and the amount of vacation pay remitted for each. b. Remittances to the Vacation Pay Trust Fund shall be made promptly by the fifteenth of each month for the credited amounts in the previous month, in order to satisfy the legal requirements pertaining to the disbursement of vacation pay. c. Vacation Pay shall be paid in accordance with the rules of the Vacation Pay Trust Fund. Employees shall receive a copy of this information.