Wage Theft

Wage Theft Ordinance

On September 13, 2022, the Mountain View City Council adopted Chapter 42 Article IV, of the Mountain View City Code establishing a City-wide Wage Theft Ordinance and Responsible Construction Ordinance.

The City will begin enforcing the Wage Theft Ordinance on January 1, 2023.

The Wage Theft Ordinance applies to all businesses in the City of Mountain View which are required to have a business license and requires a completed affidavit to be submitted at the same time the application for a business license or business license renewal is submitted to the tax administrator. Business operators with no employees shall be exempt from compliance.

Click here to download a Wage Theft Affidavit

For business license renewals, it is encouraged that you submit the completed Wage Theft Ordinance Affidavit by December 31, 2022.  However, because the ordinance takes effect on January 1, 2023, you may submit your completed affidavit between January 1, 2023 and January 15, 2023.

Frequently Asked Questions

What is Wage Theft?

Wage theft is the denial of wages or employee benefits that are rightfully owed to an employee as established at the Federal, State, and local level, including the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage, living wage, or prevailing wage requirements.  Wage theft includes failure to pay overtime, minimum wage violations, unauthorized deductions in pay, or not being paid at all.  Workers, communities, responsible businesses, and taxpayers are all negatively affected by wage theft.

What businesses are subject to the City Wage Theft Ordinance?

All business operators in the City of Mountain View which are required to have a business license are subject to the City’s Wage Theft Ordinance.  Business operators with no employees shall be exempt from compliance.

What is the purpose of the City’s ordinance?

The purpose of the ordinance is to help ensure accountability and compliance with existing State wage and hour laws, enhance the protection of workers’ rights, and support the City’s existing Minimum Wage Ordinance.

What does the ordinance require businesses to do?

Every business operator required to obtain a business license is required to submit an affidavit, at the same time the application for a business license or business license renewal is submitted to the tax administrator, affirming that either:  (1) the business operator has not been found to be in violation of any Federal, State, or local wage and hour laws; or (2) the business operator is in compliance with or has fully satisfied any final judgment, order, or administrative decision issued against the business operator for violation of applicable Federal, State, or local wage and hour laws.  Business operators with no employees are exempt and are not required to submit a sworn affidavit.

What is a final judgment, order, or administrative decision?

A final judgment, order, or administrative decision means any judgment, order, or decision that is no longer subject to challenge by appeal or petition for review, whether due to the lapse of time to seek appellate review or the exhaustion of all right to appellate review.

What happens if a business fails to submit an affidavit or submits a false affidavit?

The failure to submit a wage theft affidavit or submitting a false affidavit may be subject to administrative citations, fines, and penalties and may be punishable as a criminal infraction.

Who do I contact if I am a business operator and an employee has made a wage claim or if I have questions about wage and hour laws or collection of an award?

Business operators can contact the County of Santa Clara Office of Labor Standards Enforcement for resources for employers and small business owners seeking assistance and information about employer responsibilities and workers’ rights.  For information about wage claims and wage and hour laws, contact the State of California Division of Labor Standards Enforcement.

For inquiries regarding the Wage Theft Ordinance, please contact the City Manager’s Office at (650) 903-6301. 

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