City of Mountain View, California Enacts Wage Theft Ordinance

The city council of Mountain View, California, adopted Chapter 42 Article IV of the Mountain View City Code on September 13, 2022, establishing, in part, the Wage Theft Ordinance (the Ordinance) effective January 1, 2023.

The Ordinance applies to all employers who are required to have a City of Mountain View business license. Mountain View employers are required to complete a Wage Theft Affidavit at the time the employer applies for a business license and when the employer submits business license renewals to the tax administrator.

The City of Mountain View provides a model Wage Theft Affidavit. As explained in the model affidavit, the employer must affirm either that (1) the employer has not been found in violation of any federal, state, or local wage-and-hour laws or that (2) the employer 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.

The City of Mountain View encourages employers with recent business license renewals to submit the Wage Theft Affidavit no later than January 15, 2023. An employer's failure to submit a Wage Theft Affidavit, or submission of a false affidavit, may subject an employer to administrative citations, fines, and penalties.

Companies with operations in Mountain View, California should closely review the Ordinance. Employers with questions regarding the new ordinance should contact experienced counsel.