5.70.050 Hazard pay requirement.

(A) A covered employer shall provide grocery workers with hazard pay consisting of an additional five dollars per hour above baseline compensation for each hour worked within the city of American Canyon.

(B) All compensation above baseline compensation shall be credited against the hazard pay requirement, as follows:

(1) A covered employer that is already providing additional compensation above baseline compensation equivalent to hazard pay, on an ongoing basis prior to the effective date of this chapter may use the hourly rate of that additional compensation to offset the amount due under this chapter (e.g., a covered employer who is already paying two dollars per hour above baseline compensation owes an additional three dollars per hour in hazard pay).

(2) Health insurance premiums may be considered hazard pay only where those premiums were not a part of baseline compensation and only where the cost of the premium can be directly attributed to the particular employee whose hazard pay is offset.

(3) The covered employer bears the burden of proof that the additional compensation is hazard pay and not baseline compensation. No covered employer shall be credited prospectively for any past payments. No covered employer shall be credited for any hourly premiums already owed to covered employees, such as, but not limited to, holiday premiums, however there shall be a rebuttable presumption that compensation paid by a covered employer at a particular grocery store in January 2020 was baseline compensation for purposes of calculating hazard pay at that particular grocery store. Nothing herein shall be interpreted to prohibit any employer from paying more than five dollars per hour in hazard pay.