then we've got it. >> it's as much about social and economic justice -- in fact it's more about social and economic justice than just

supervisor chiu: good morning. my name is carmen chu, a chair a committee. i am joined by supervisor mirkarimi and kim and supervisor campos and more are joining us today. our clerk is mr. victor young. -- and supervisor mar are joining us today. >> please turn off all cell phones. and if you wish to speak during public comment, please fill out a card and turn into myself. items at the dupont today will appear on the board of supervisors agenda on july 26, 2011, unless otherwise stated. supervisor chiu: thank you very much. would you call item no. one please. >> item #one come ordnance amending the administrative code to enforce the minimum wage law

by clarifying access to places of employment, required enforcement acting to be completed within one year. impose penalties for failure to pose minimal wage rates. provide for posted notices to employees upon commencement of an investigation and public posting of employer non- compliance with penalties, provide a 32 immediately issued an administrative -- administrative citation of on sufficient evidence of certain violations and require industry- focused our reach materials for employees. supervisor chiu: thank you very much. supervisor campos, would you like to say a few words? supervisor campos: thank you for having this heard during the committee. i want to thank the co-author of this. supervisor mar. he and his staff have been working with my office for some time to make this legislation

possible. i do not know if you solve the chronicle article in the front page of "chronicle" for this monday. the headline was "low-wage workers cheated." we want to thank them for shedding light on this very important issue. the reality is that wage that is an important issue across the country, and an importa problemn for a four-looking san francisco. -- foward-looking progressive city like san francisco. the ordinance that supervisor mar and i have introduced, and

we also want to thank the co- sponsors of this ordinance, supervisor avalos, president chiu, supervisor mirkarimi, and supervisor kim. this makes a number of changes that provide stronger tools to combat the into -- issues of wages that. i also want to thank office of labor standards and enforcement, which has been a very important partner in drafting this legislation, as well as the mayor's office for input and work. the ordinance does the following. it creates new penalty for violations of what is already in place in terms of what is legally required. it also requires businesses employers to post a notice to its workers that if there is a case with the business is under investigation by the olc, this notice must not only be given to the workers, but also to the

public when the employer has failed to comply with the adjudication or violation of minimum wage laws. the ordinance also allows investigators to access work sites. so that there is a proper investigation of any violation. this ability will be provided without having to give the employer an opportunity to cure a violation, meaning that it will get a greater sense of flexibility to make sure that something like this does not have been. this sets up a time line, during which a complaint, must be sent to a hearing. one of the things we know about wage that is that no longer a proceeding or investigation -- the longer the proceeding or investigation goes on, the harder it is on the worker. we want to make sure investigations have been in a

timely manner. the time line is something that we have grappling with. where we stand right now after conversations with the stakeholders is to create a one- year time when during which a matter has to be set to hearing. i do hope we revisit the time line, because i do think that is something where we can do better. there will be able to use unpaid wages on behalf of and the workers for laws that they in force. finally, the ordinance provides that the show might out reach materials for workers, in particular industries together with community-based organizations so that there is affected our reach to the community.

these organizations, cheney's progressive association, pride at work, a filipino workers center, are best suited to design and helped design these materials. this has to be a concerted effort that not only involve subtle -- city agencies, but also involves the community. i want to thank all the people from these organizations that are here today. i have given you a revised draft that includes the latest amendment to the ordinance. you have copies, and copies are available to the public. briefly, to summarize the changes on page three, line 4-6, we added language to make sure that olsc can incorporate appropriate guidelines. on page 3, 923-24, we adjusted the time they shall either settle a case or schedule it for

hearing, because as previously written, we -- the time lines were did different. additional resources may be needed. on page five, line 25, and paid six lines 1-3, we add the thing which to make sure the district attorney will not be precluded from prosecuting an employer who commits wage that, even if the employer settled the civil case. not only is this a civil violation, but wage that is a crime. you're talking about a theft, money being taken away. on page 7, 916-22 we added penalties for provisions of the violation requiring employees -- employers to post notification to the employees and to the public. unless those requirements are in

place, there is not going to be the mechanism for them to ensure compliance. on line 10 would clarify the director has this question, but is not required to require an employee to cure a violation before issuing a citation. you will hear from many worker'' to talk about the importance of this ordinance. they have very compelling stories, and we want to thank them for this story. i wanted to pointed out that the director is here to answer any questions. with that i will turn it over to supervisor mar the want to thank for his co-sponsorship and staff. in terms of my staff com, i wano

thank them for the time and energy over the past couple of months to put this together. i want to thank the community members and partners to help to make this happen. >> the budget and finance committee, i also wanted thing supervisor campos were really leading the process. i want to thank donna levitt and her staff and many others. it has been a great process. my hope in my office as we continue to support workers' rights. i know thousands have supported -- pledged already that workers have the right to be paid for the hours they work, to be treated fairly of the job, and to provide with their families with dignity. a key point in the land use and economic development committee where this was heard about a month ago is that wage that hurts everyone from the employers that follows the labor

laws, because it gives them the impression they're not following the loss. if we increase the enforcement and really use it as a tool to enforce our labor laws, hopefully we can reduce it. as the chronicle article mentioned by supervisor campos from monday, it shows that wage that is not just an issue in chinatown for example where a great study was done with the voices of workers with great key policy suggestions, but it really impacts neighborhoods like the excel serve mission district and the southeast part of the city and throughout the city. it is not just limited to one neighborhood, but it is also throughout the city and a national issue. i also want to say the progress of workers alliance has been wonderful to work with as they work with organized labor. i also want to say the ordinance

itself, hopefully which will be supported by our colleagues is not enough. we need a broader labor community alliance that many are building for human rights issues like wage that and economic justice for all. i also want to recognize my colleagues for all the hard work they're done and the human stories that are coming out of the woodwork. thank you. supervisor campos: my understanding is the trend is -- spanish translation is not working. i wanted to say a few words in spanish. i know a lot of the workers are monolingual workers that are impacted by this. [speaking in spanish]

the last thing i would say, and i was remiss in living -- leaving out a partner, and that is the city attorney's office. also, as the chronicle article indicated, the city attorney just filed a lawsuit against an employer it was not complying with the law, and i think it is important were inappropriate that the city attorney, district attorney, take necessary steps to send a very clear message that we're not going to tolerate wage that in san francisco. the rest i submit to you. thank you. supervisor chiu: thank you supervisor composts and supervisor mar. if there are no presentations at this moment, why don't we move this item and have public comment begin. if there are members of the public that wish to speak on this item, item number one,

please do so. if you are needing translation, the time will be doubled so we do allow for the translation to happen. if there are members of the public that wish to speak, please come on up. >> if you wish to speak, please step up to the microphone. >> good morning, supervisors. thank you for having us here today. we are happy to join the hearing

today and share some of the messages coming from our communities, and it's a killer on this issue. i am the director for the filipino community center. we are proud member of nine organizations that have been fighting for this campaign to end wage that. the nine organizations include [unintelligible] again workers united, china progress of the association, pride at work, power, and [unintelligible] that is nine organizations that are against this campaign against wage that, which is an epidemic. we can really be the way here in san francisco. this is affecting workers in san francisco, including day laborers, restaurant workers, hotel workers, construction workers, security guards, domestic workers come a delivery workers and drivers, and it takes several different forms.

in our community is not being paid overtime. wage that is happening in some it different forms. it is dealing not only their wages, but the dignity of workers. they are fighting to provide high levels of care in the industries they are working in. the employers, the ones that are engaged in wage that become are stealing hundreds of thousands of dollars in the city of san francisco. in the filipino community we are researching in particular the care-giving industry where we found, and you will hear more about it from victoria keynote that employers are accusing them. -- abusing them. so many workers are not able to come forward or not willing to come forward, and that is the work we're trying to do as part of this campaign to bring this issue to like the mixture does that happen in san francisco. it addresses quality of care issues as well. san francisco elderly and

disabled patients are not able to receive the care that they need. supervisor chiu: thank you. >> district supervisors, ladies and gentlemen, good morning. my name is victoria akeno, giver since july 15, 2007 up until present. i am here to lay my broad experience a care giver on behalf of other care givers that i know. i started working as a live-in care giver. two of us taking care of six elderly patients. we work 12 hours per day, and we are paid $60 per day, equivalent to $5 per hour. no overtime pay. there was no bedroom for the

care givers. we slept on the floor, the living room, and aside from caregiving, i would clean. when employers do not pay at least the minimum wage,, and they are stealing the workers time and the true value of the work. in november 21, 2007, up until present i worked in a restaurant. from november 21 to july 2008, i worked alone without reliever. in november 14, 2008, i was being paid below the minimum

wage, and it was $72 per day and no overtime pay. until i found out -- supervisor chiu: thank you very much. >if i could ask folks to hold the applause. generally we do hold the applause so that we can get through public comment. thank you. >> supervisors, good morning. i am from the women's collector. i will be here this morning mainly to interpret for our two members. i want to highlight in particular the piece of this legislation that our members are free to call the concerned about, and that is in this

section of educational materials. what we would do if this law passes is work closely with the olse to make sure that type of card was developed for day laborers. they would be able to provide to their employers to pick them up on street corners. this would inform them they have the legal obligation to provide their contact information. why is this important and why is it needed? day laborers by the thousands every year are -- their wages are still live because employers think they can do this by not giving their contact information, telling them they will get paid eventually, dumping them on a street corner and the day laborer has no way to find these people. usually small contractors. they do not know where their place of business is or where they live. we cannot go after the employer

or file a way to claim -- a wage claim. it is project really important educational materials, which will lead to this card that will better allow employers to comply with current law and empowers the laborers to make sure they get the necessary information to make sure their wages are paid. >> when as the us. -- buenos diaz. [speaking spanish] >> good morning to everyone here. i am representing day laborers from the san francisco de labor program. -- sa day labor program.

what i am here to tell you is that they laborers must face wage that day after day. it is very common unfortunately. this is a serious problem, and it can continues to grow and our community. -- the and it continues to grow in our community. even though we are organized and we are here among our friends,

members of others -- other organizations, you can see the problem still exists in something we still have to fight against. so we request your consideration for this card, type of card for day laborers, so that their employers have to write their contact information, and it is easier to get our unpaid wages farm our employers.

it would alleviate this problem very much if we had this card. anthis law allows us to be ableo go after our unpaid wages. so thank you very much for your attention and for your consideration of our petition today. thank you. supervisor chiu: thank you. >> [speaking spanish]

>> good morning, members. it is an honor to be before you and represent the women's collective. i am here to share three experiences that i personally experienced. first, i worked for two weeks and collected only $40 for my work.

for one year i worked for a particular employer and i receive no benefits. they moved me around a lot, this particular employer. we are the ones as domestic workers that clean people's homes. we provide a necessary job, and so i hope that you pass this ordinance today. >> [speaking spanish]

>> so i hope you hear about that today. we are day laborers and domestic workers and proud of the work we do. we hope you consider we should not be suffering like this, that we have families, children to feed and to send to school, so please support us today. thank you. supervisor chiu: thank you very much. >> [speaking chinese] >> good morning.

i work in china and have experienced wage that. -- chinatown. i work eight hours a day, but only paid seven hours of work. >> [speaking chinese] >> i am a volunteer so we can have other people that do not know english. and [speaking chinese] >> i am here today to locally heavy support this ordinance so that we can change this epidemic of wage that. -- wage theft.