Aguiar

In 1997 the City of Los Angeles adopted a living wage ordinance (LWO) prescribing a minimum level of compensation for employees of private firms who work on service contracts benefiting the city. (L.A. Admin. Code, § 10.37 et seq.) The ordinance provides an employee is eligible for LWO wages and benefits if he or she “expends any of his or her time” on a city service contract. (L.A. Admin. Code, § 10.37.1, subd. (f).) Former regulation No. 5 (Regulation 5), promulgated by the city agency entrusted with implementing the LWO, provided, prior to its rescission in 2006, if an employee of a private contractor works at least 20 hours during the month on a city service contract, he or she must be paid the appropriate wages mandated by the LWO for each hour worked on the subject agreement. If, however, the employee works less than 20 hours per month on a city service contract, he or she is not eligible for any LWO wages. Do Regulation 5’s 20-hour rule and hours-worked component limiting LWO wages to the time actually spent on a city service contract conflict with the LWO?

The plain language of the LWO, coupled with its legislative history, reflect an unmistakable intent to…