Mountain View Wage Theft Ordinance

You can find out more information regarding the WTO on the city’s website. You may also contact the City Manager’s Office at (650) 903-6301 or via email at citymgr@mountainview.gov.

Covered Employers

The WTO applies to your business if it is subject to Mountain View’s business license requirements.2 A covered employer under the WTO is any employer who is a “business operator” in Mountain View.3 The city defines a “business operator” as “a person who transacts, maintains, manages, operates, controls, engages in, conducts, carries on and/or owns a business.”4

Business operators with no employees are exempt from the WTO.5

Requirements

Covered employers must, at the same time they apply for a business license or business license renewal to the tax administrator, submit a sworn affidavit affirming under penalty of perjury that:6

• They have not been found to be in violation of any federal, state or local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code and any local minimum wage, living wage or prevailing wage requirements by a court of law or any federal, state or local hearing officer, or other adjudicatory body; and
• They are in compliance with or have fully satisfied any final judgement, order or administrative decision issued against it for violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code and any local minimum wage, living wage or prevailing wage requirements.7 “Final Judgment, order, or administrative decision” refers to “any judgment, order or decision that is no longer subject to challenge by appeal or petition for review, whether due to the lapse of time to seek appellate review or the exhaustion of all rights to appellate review.”8

Employers can access the Wage Theft Ordinance Affidavit on the city’s webpage and find out more information in the Frequently Asked Questions.

Enforcement

If you violate the WTO by either failing to submit an affidavit or submitting an affidavit that is known, or reasonably should be known, to be false, it is an infraction that may subject you to administrative citations, fines and penalties, and may be punishable as a criminal infraction.9 The amounts of administrative penalties will be neither less than $50 nor more than the maximum amount of the penalties for criminal violations.10

1. Mountain View City Code, secs. 42.50-42.54

2. Mountain View City Code secs. 42.51(a)

3. Mountain View City Code secs. 42.51(a)

4. Mountain View City Code sec. 18.2

5. Mountain View City Code sec. 42.51(b)

6. Mountain View City Code sec. 42.51(a)

7. Mountain View City Code secs. 42.52 (a) - (b)

8. Mountain View City Code secs. 42.52 (c)

9. Mountain View City Code secs. 42.54

10. Mountain View City Code secs. 1.18, et seq., 42.54