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<br />Ordinance No. NS-XXX <br />Page 4 of 10 <br />“Adverse action” means reducing the compensation to a designated worker, <br />garnishing gratuities, temporarily or permanently denying or limiting access to <br />work, incentives, or bonuses, offering less desirable work, demoting, terminating, <br />deactivating, putting a designated worker on hold status, failing to rehire after a <br />seasonal interruption of work, threatening, penalizing, retaliating, or otherwise <br />discriminating against a designated worker for any reason prohibited by this <br />Ordinance. <br />“Adverse action” also encompasses any action by the hiring entity or a <br />person acting on the hiring entity’s behalf that would dissuade a designated worker <br />from exercising any right afforded by this Ordinance. <br />“Aggrieved party” means a designated worker or other person who suffers <br />tangible or intangible harm due to a hiring entity or other person’s violation of this <br />Ordinance. <br />“City” means the City of Santa Ana. <br />“Designated worker” means a grocery worker or retail pharmacy worker <br />employed by a hiring entity who is entitled to premium pay pursuant to this <br />Ordinance. <br />“Grocery worker” means a worker employed by a hiring entity at a grocery <br />store for hourly compensation, including a worker who has full -time employment, <br />part-time employment, joint employment, temporary employment, or employment <br />through the services of a temporary services or staffing agency. <br />“Grocery store” means a store that devotes seventy percent (70%) or more <br />of its business to retailing a general range of food products, which may be fresh or <br />packaged, and/or a store that has at least fifteen thousand square feet (15,000 sf) <br />of floor space dedicated to retailing a general range of food products. There is a <br />rebuttable presumption that if a store receives seventy percent (70%) or more <br />revenue from retailing a general range of food products, or if a store has at least <br />fifteen thousand square feet (15,000 sf) of floor space dedicated to retailing a <br />general range of food products, then it qualifies as a grocery store. <br />“Hiring entity” means a grocery store or retail pharmacy that employs over <br />three hundred (300) workers nationally and employs more than fifteen (15) <br />employees per grocery store location or retail pharmacy location in the City of <br />Santa Ana. For purposes of this section, the number of workers counted toward <br />the national total shall encompass all employees who work for compensation, <br />including employees not covered by this Ordinance. <br />“Premium pay” means cash compensation owed to a designated worker <br />that is in addition to the worker’s existing base salary, commissions, tips, gratuities, <br />bonuses, or any other form of payment owed to the worker, including, but not <br />limited to, any holiday, overtime, or vacation pay, or other benefits such as <br />additional sick leave pay, retirement contributions, or store discounts.