SJMC Chapter 4.100 requires city service contractors and tenants at Mineta San Jose International Airport to pay a living wage well above state minimum, indexed annually. Health benefits offset is allowed; covered workers also accrue paid sick leave and protections against retaliation.
San Jose Municipal Code Chapter 4.100, the Living Wage Ordinance, applies to contractors performing service work for the City of San Jose above a contract dollar threshold and to tenants and concessionaires at Norman Y. Mineta San Jose International Airport (SJC). Covered employers must pay an hourly living wage set by Council resolution and indexed annually, currently substantially above the state and city minimum wage. Employers offering qualifying health benefits may pay a lower cash wage offset by the benefit value. The ordinance includes paid sick leave, posting requirements, and anti-retaliation protections. The Office of Equality Assurance enforces with audits, restitution orders, and contract suspension for noncompliance. Coverage runs alongside California prevailing wage and federal Service Contract Act where applicable.
Underpayment of the SJMC 4.100 living wage triggers back wages, liquidated damages, and contract suspension or debarment by the Office of Equality Assurance. Retaliation is independently actionable; payroll falsification can support fraud claims and termination.
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