Workplace & Employment Standards

FY 2023-25 PROPOSED POLICY BUDGET


SERVICES

External Services

Local Measure Enforcement

Enforce local measures including Measure FF, related to citywide minimum wage, paid sick leave, and service charges, Measure Z, related to hotel minimum wage, humane workload, and panic buttons, and Emergency Paid Sick Leave and right to Recall, related to COVID-19 response.


Local Employment Referral and Local Employment Program

Assist, monitor, and enforce contractor participation in achieving Local Employment Program (LEP) goals by identifying ready, willing, and able workers to reduce disparity in resident access to employment and training opportunities in the construction industry.


Compliance Review, Certification, and Monitoring

Perform an analysis to determine compliance; participate in all steps related to bidding, awarding, and closing projects; once bids/proposals are received, review and verify certification status to determine compliance with LBE/SLBE requirements, includes verification of EBO status. Certify Local, Small Local and Very Small Local firms; review documents submitted by company and conduct on-site review of company to determine program eligibility. Ensure that contractor and subcontractor's complies with the City's programs and ordinance; review progress payments, apply LEP waivers, review subcontractors, prompt payment complaints, and substitutions; perform site visits; investigate any discrepancies.


iSupplier

Serve as the Liaison providing technical Assistance to vendors registering and completing the iSuppplier registration process to help ensure notification of opportunities with the City of Oakland.

Internal Services

Federal Disadvantaged Business Enterprise Program

Prepare the City's Annual Disadvantaged Business Enterprise program for Caltrans, assist in goal setting for projects, compile, analyze and track project goals achieved over time.


Contracts Administration

Perform internal functions to ensure that City operations align with the Adopted Budget by initiating and facilitating Professional Services and Construction Contract Administration, sourcing, analysis, and final signatures.

PRELIMINARY PERFORMANCE MEASURES

Service Title: Business Engagement


Council Priority: Good jobs and vibrant economy


Service Description: To collaboratively (with other City departments) provide education and training for business owners to build their capacity to participate in the City’s procurement process and provide a method to allow for meaningful participation by business owners in crafting social equity policies that will have positive significant impacts to the growth and stability of Oakland enterprises


Service Type: Both


Output Measure: Number of workshops/trainings held for Oakland business owners per quarter


Objective Description: Increase the number of ready, willing and able businesses to participate in the City’s procurement process, with a focus on increasing BIPOC owned businesses


Success Measure: Percentage increase of BIPOC owned businesses participating in City procurement process

Service Title: Certification


Council Priority: Good jobs and vibrant economy


Service Description: To certify businesses as local, small local or very small local in order to allow them to compete for prime contracts and subcontracts on construction and professional services contracts awarded by the City of Oakland


Service Type: External


Output Measure: Number of new certifications processed monthly; Number of recertifications processed monthly; Number of certifications processed by type of Business; Number of certifications processed by race/ethnicity


Objective Description: To increase the availability of local and small local businesses in the City’s procurement process


Success Measure: Percentage increase of local and small local businesses participating in City’s procurement process

Service Title: Business Inclusion – Disadvantaged Business Enterprise Program


Council Priority: Good jobs and vibrant economy


Service Description: Monitoring and enforcement of the City’s Disadvantaged Business Enterprise Program (DBE) as provided for in 49 Code of Federal Regulations (CFR) Part 26 to ensure equity in the participation of small businesses owned and controlled by socially and economically disadvantaged individuals in the award of federally funded (Department of Transportation) construction and professional services contracts


Service Type: External


Output Measure: Number of contracts reviewed for DBE compliance per month


Objective Description: To employ race conscious and race neutral measures to ensure that socially and economically disadvantaged businesses are awarded DOT funded projects in proportion to goals established for the project


Success Measure: Percentage DBE goal achieved for each project. Percentage (aggregate) of projects awarded to DBE (as compared to the 22% goal established by the State of California)

Service Title: Business Inclusion – Equal Benefits Ordinance


Council Priority: Good jobs and vibrant economy


Service Description: Monitoring and enforcement of the City’s Equal Benefits Ordinance (EBO) as provided for in Chapter 2.32 of the Oakland Municipal Code to ensure that benefits are offered equally to employees with domestic partners and employees with spouses


Service Type: External


Output Measure: Number of contracts reviewed for EBO compliance per month; Number of EBO certificates issued per month

Objective Description: To ensure that businesses that are impacted by the legislation are complying with the EB


Success Measure: Percentage of contracts reviewed in one month that are EBO compliant

Service Title: Job Access and Participation


Council Priority: Good jobs and vibrant economy


Service Description: To ensure that Oakland resident workers receive fair treatment regarding access to jobs on city-funded construction and professional service contracts. as per city policy set forth in: Part IV of the Local and Small Local Business Enterprise Program codified in Resolution number 69687 C.M.S. (Local Employment Program); Resolution 74762 (15% Apprenticeship Program); utilization of minorities and women on city contracts with federal funding; Resolution No. 13140 C.M.S. (workers employed at the Oakland Army Base in construction and operations)


Service Type: External


Output Measure: Number of contracts reviewed for compliance with Local Employment Program per month; Number of workers impacted by policy


Objective Description: To ensure employers’ compliance with all applicable laws that govern job access for Oakland residents, particularly those who reside in unserved and underserved communities as well as workers in selected racial and ethnic backgrounds


Success Measure: Work hours performed by Oakland residents. New hires that are Oakland residents. Work hours performed by apprentices. Penalties assessed for non-compliance.

Service Title: Business Inclusion – L/SLBE Program


Council Priority: Good jobs and vibrant economy


Service Description: Monitoring and enforcement of the City’s Local and Small Local Business Enterprise Program (L/SLBE) as provided for in City Resolution No. 69687 CMS and codified in Ordinance No. 12389 and Oakland Municipal Code Chapter 2.4 – Purchasing Ordinance to promote participation by local, small local, very small local businesses in the City’s procurement of construction and professional services.


Service Type: External


Output Measure: Number of contracts reviewed for L/SLBE participation per month; Number of project closeouts processed per month; Number of requests for waivers processed per month

Objective Description: To maximize local and small local business enterprise participation in the City’s procurement of goods and services


Success Measure: Percentage of total contracts awarded by the City to Local businesses and Local Non-profit entities. Percentage of total contracts awarded by the City to small local businesses and local non-profit entities.

Service Title: Wages, Benefits & Work Conditions


Council Priority: Good jobs and vibrant economy


Service Description: To ensure that workers employed in the city receive fair treatment regarding payment of fair and equitable wages and benefits, and are afforded the opportunity to work in safe, sanitary and supportive work conditions as per city policy set forth in: Chapter 5.92 of the Oakland Municipal Code (Minimum Wage, Sick Leave and other employment standards); Chapter 5.93 of the Oakland Municipal Code (Hotel Workers Minimum Wage and Working Conditions), Chapter 2.28 of the Oakland Municipal Code (Living Wage Ordinance) and City Resolution 57103 (payment of state mandated prevailing wages to workers on city funded construction projects); Chapter 5.94 of Oakland Municipal Code (Emergency Paid Sick Leave_COVID-19; Chapter 5.95 of Oakland Municipal Code (Hospitality Workers Right to Recall_COVID-19


Service Type: External


Output Measure: Number of investigations conducted per month; Number of violations identified per month; Number of hours credited to workers per month; Number of contracts reviewed for Living Wage compliance per month; Number of contracts reviewed for payment of prevailing wages per month

Objective Description: To ensure employers’ compliance with all applicable laws that govern equitable payment of wages and benefits, and provision of adequate work conditions for Oakland residents, particularly those who reside in unserved and underserved communities


Success Measure: Amount of wages returned to workers by restitution. Amount of wages earned by Oakland residents on construction projects. Number of contracts reviewed for compliance with City policies relative to wages, benefits and working conditions.


ORGANIZATIONAL CHART

BUREAUS/DIVISIONS

Administration

The Administration Division provides leadership, oversight, and administrative support to the two divisions in the Workplace & Employment Standards Department.



Labor Standards

The Labor Standards Division advances the wellbeing of the City of Oakland’s workers through initiatives that maximize job access and participation in quality jobs, the enforcement of labor laws, and proactive public education. The Labor Standards Division has two units:

  1. Citywide Standards Unit
    • The Citywide Standards Unit in the Labor Standards Division enforces the City’s Minimum Wage Ordinance, Worker Retention at Large-Scale Hospitality Business Ordinance, Hotel Minimum Wage and Working Conditions Ordinance, the Emergency Paid Sick Leave Ordinance, and the Workers Right to Recall Ordinance.
  2. City Contractor Standards Unit
    • The City Contractor Standards Unit in the Labor Standards Division enforces the Local Employment Program, the 15% Apprenticeship Program, the Living Wage Ordinance, the Prevailing Wage Resolution, and the Equal Benefits Ordinance.


Business Inclusion

This Business Inclusion Division advances fair and equitable access to the City’s contracting opportunities through initiatives that maximize small business participation, and the enforcement of local and federal laws requiring the participation of local business, small and very small local businesses, women-owned, and minority owned businesses. The Business Inclusion Division has two units:

  1. Contract Compliance Unit
    • The Contract Compliance Unit in the Business Inclusion Division enforces the City’s Local and Small Local Business Enterprise (L/SLBE) Program and the Disadvantaged Business Enterprise (DBE) Program for federally funded transportation related projects.
  2. Business Certification and Engagement Unit
    • The Business Certification and Engagement Unit in the Business Inclusion Division engages in outreach and small business capacity building activities, including certifying businesses as local, small local, very small local, nonprofit local, non-profit small local, nonprofit very small local, Small Business Administration local business, and local business-locally produced goods enterprises.