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# Description of the minimum wage ordinance: part two
- URL: https://www.smdp.com/description-of-the-minimum-wage-ordinance-part-two/
- Published: 2002-07-02T15:00:00.000Z
- Updated: 2026-10-23T00:25:49.000Z
- Author: Guest Author
- Tags: Opinion, Pico, #archive-import

*By Tom Larmore*

In last week’s column, I described provisions of the Minimum Wage Ordinance dealing with the minimum amount required to be paid, the employers required to pay that minimum, and those employees entitled to receive it. This week’s column describes the geographical zone in which employers must be located in order to be directly subject to the ordinance, ways in which exemptions can be obtained, and enforcement provisions.

The designated zone. The zone described by the ordinance is bounded by the ocean, the southern and northern city boundaries and a line similar to the route a drunken driver might take through the city (see the map which accompanies this column):

1\. North up the middle of Lincoln Boulevard from the southern city boundary to Pico. (Covers the west side of Lincoln but not the east side.)

2\. West along the center line of Pico from Lincoln to Fourth Street. (Covers the south side of Pico but not the north side.)

630,3\. North up the east side of Fourth Street to Colorado. (Covers properties on the east side of Fourth as well as the west side, thereby including the Doubletree Hotel and that portion of Sears at the southeast corner of Fourth and Colorado.)

4\. East along the south side of Colorado to Fifth Street. (Covers both sides of Colorado.)

5\. North along the east side of Fifth Street to Wilshire. (Covers both sides of Fifth.)

6\. West along the north side of Wilshire to Fourth Street. (Covers both sides of Wilshire, thereby potentially including Polly’s and many businesses in the tower at 401 Wilshire.)

7\. North along the center line of Fourth Street to San Vicente. (Includes businesses on the west side of Fourth Street, but not the east side.)

8\. West along the centerline of San Vicente to its intersection with the northern City boundary (wherever this is) and then west along the city boundary to the ocean.

Got it?

Exemptions. Employers who would be otherwise covered by the ordinance have two potential exemptions available to them: The hardship exemption and the union exemption.

An employer may apply to the city manager for a waiver applicable to all or part of the employer’s work force. While no procedure has yet been established, the ordinance sets forth the following criteria which are to be included: (a) Will compliance render the employer’s business nonviable? (b) Does the employer’s business depend for its viability upon young people and other first-time workers employed on a seasonal basis? (c) Will granting the waiver advance the policies of the ordinance?

An employer also may become exempt by entering into a bona-fide collective bargaining agreement which contains an explicit waiver of the law’s requirements.

Anti-Retaliation. An employer is prohibited from taking any action against an individual in retaliation for exercising rights under the ordinance. This restriction also applies to actions against an individual who, in good faith, asserts rights even though the employer is not covered by the ordinance or, if covered, is in compliance. The ordinance does not specify what types of actions would be considered retaliatory.

Any adverse action taken within 60 days of the individual’s assertion of rights under the ordinance will be presumed to have been retaliatory and, therefore, a violation of the ordinance. This provision reverses the normal “innocent until proven guilty” requirement.

Enforcement. Violation of the ordinance is a misdemeanor ($500 fine and/or six months in the county jail). Civil actions can be instituted by “any person” and, if a violation is found by a preponderance of the evidence, the employer will be liable for damages of at least $500 for each offense plus attorneys fees. Finally, complaints can be filed with the city manager who is required to investigate and, if appropriate, issue enforcement orders. The city manager’s determination can be appealed to a city hearing officer for an evidentiary hearing and written decision. This decision can be appealed to a court.

Please retain this column and last week’s column for future reference.

*Originally published in the Santa Monica Daily Press print edition on July 2, 2002.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/070202.pdf?ref=smdp.com)