5.70.030 Definitions.

The following terms shall have the following meanings:

"Adverse action" means reducing the compensation to a grocery worker, garnishing gratuities, temporarily or permanently denying or limiting access to work, incentives, or bonuses, offering less desirable work, demoting, terminating, deactivating, putting a grocery worker on hold status, failing to rehire after a seasonal interruption of work, threatening, penalizing, retaliating, or otherwise discriminating against a covered employee. "Adverse action" also encompasses any action by the covered employer or a person acting on the covered employer's behalf that would dissuade a covered employee from exercising any right afforded by this chapter.

"Baseline compensation" means the hourly compensation paid to covered employees as of the effective date of this chapter after subtracting any premium compensation used to compensate covered employees for working during the pandemic. Baseline compensation does not include hazard pay owed under this chapter, but does include premium compensation unrelated to the pandemic, such as holiday premiums paid for performing work during a holiday.

"City" means the city of American Canyon.

"Covered employee" means a grocery worker who is entitled to hazard pay pursuant to this chapter.

"Covered employer" means any entity that employs over three hundred grocery workers nationwide, regardless of whether the entity owns or operates grocery stores.

"Grocery worker" means a worker employed to work at a grocery store. Grocery worker does not include managers, supervisors, or independent contractors.

"Grocery store" means an establishment primarily engaged in selling a range of foods including fresh, frozen or canned meats, fish and poultry, fruits and vegetables, bread and/or grain products and dairy products, including, but not limited to, grocery stores, markets, or supermarkets; or produce stores, cheese, uncooked meat/butcher shops and fish markets.

"Hazard pay" means additional compensation owed to a grocery worker that is separate from baseline compensation and does not include tips earned from customers.