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(A) A person or an employee who believes that he or she is a covered employee or covered building service employee or a person who is an applicant for a position to be filled by a covered employee or covered building service employee and believes that his or her employer is not complying with requirements of this Chapter applicable to the employee, may file a complaint with the designated Department. Complaints by covered employees or covered building service employees of alleged violations may be made at any time. Statements written or oral, made by an employee, shall be treated as confidential and shall not be disclosed to the covered vendor, covered building service vendor, covered lessor or covered lessee without the consent of the employee.
(B) A complaint of noncompliance with this Chapter may be filed by any person with the designated Department, which shall provide a copy of the complaint to each covered vendor, covered building service vendor, covered lessor or covered lessee against whom the complaint is made within five business days.
(CBC 1985 24-10.1; Ord. 1998 c. 5 § 10; Ord. 2021 c. 17 §§ 25 - 28)
If a covered vendor, covered building service vendor, covered lessor or covered lessee: discharges; reduces the compensation of; or discriminates against any covered employee or covered building service employee or any other person for making a complaint to the designated Department, otherwise asserting his or her rights under this Chapter, participating in any of its proceedings, or using any civil remedies to enforce his or her rights under the Chapter, the covered vendor, covered building service vendor, covered lessor or covered lessee shall be considered in violation of this Chapter. The designated Department shall investigate allegations of retaliation or discrimination and shall, if found to be true, after notice and a hearing order appropriate relief to the employee or person and penalties for the covered vendor, covered building service vendor, covered lessor or covered lessee and may suspend the contract or order the service contractor to suspend the subcontract.
(CBC 1985 24-10.2; Ord. 1998 c. 5 § 10; Ord. 2021 c. 17 § 29 - 30)
The designated Department, or its designee, shall investigate all complaints of noncompliance. Investigations may include routine reviews, spot checks and investigations pursuant to complaints. The designated Department, or its designee, shall have the responsibility to examine promptly all payrolls for compliance upon receiving a complaint, in furtherance of any investigation.
(CBC 1985 24-10.3; Ord. 1998 c. 5 § 10)
(A) If the designated Department finds evidence that the covered vendor, covered building service vendor, covered lessor or covered lessee is not in compliance or has violated any of the provisions of this Chapter, the designated Department shall order such remedial measures as required to ensure compliance herewith including, but not limited to: ordering back-pay to covered employees or covered building service employees for noncompliance with Section 24-6, Living Wage Payment to Employees or noncompliance with Subsection 24-7.6, Provision of Standard Compensation to Covered Building Service Employees.
(B) If the covered vendor, covered building service vendor, covered lessor or covered lessee does not comply with the designated Department’s order within ten working days, the designated Department shall review the facts of the finding and may proceed with a formal hearing and investigation. If a hearing is held by the designated Department, the Department shall review remedies and penalties with the Living Wage Advisory Committee. If the designated Department decides not to proceed with a hearing, it shall so notify the Living Wage Advisory Committee and provide a statement of the reasons for the decision.
(CBC 1985 24-10.4; Ord. 1998 c. 5 § 10; Ord. 2021 c. 17 §§ 31 - 34)
The Living Wage Advisory Committee shall determine the need for an additional public hearing on any recommendations by the designated Department. If a hearing is deemed necessary, it shall be scheduled and conducted by the Committee, in conjunction with the designated Department, within 20 business days of the designated Department’s notification to the Committee of a covered vendor’s noncompliance. The Committee shall file a notice of the hearing seven working days before such hearing to the City Clerk, the covered vendor and the complaining party or parties.
(CBC 1985 24-10.5; Ord. 1998 c. 5 § 10)
(A) Penalties. In the event that the designated Department determines, after notice and hearing, that any covered vendor has failed to pay the living wage rate or has otherwise violated the provisions of this Chapter, or that any covered building service vendor, covered lessor or covered lessee has failed to provide standard compensation or has otherwise violated the provisions of this Chapter, the designated Department may order any or all of the following penalties and relief
(1) Fines in the amount of $300 for each covered employee for each day that the covered vendor is in violation of this Chapter;
(2) The filing of a complaint with the pertinent commonwealth or federal Agency;
(3) Wage restitution for each affected employee and in addition, for covered building service employees, the monetary value of benefits and paid leave, plus interest owed;
(4) Suspension of ongoing contracts and subcontract payments;
(5) Ineligibility for future contracts with the city for three years or until all penalties and restitution have been paid in full; and
(6) Any other action deemed appropriate and within the discretion and authority of the city.
(B) Remedies herein non-exclusive. No remedy set forth in this Chapter is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the right granted under this Chapter in a court of law. This Chapter shall not be construed to limit an employee’
(CBC 1985 24-11; Ord. 1998 c. 5 § 11; Ord. 2021 c. 17 §§ 35 - 36)
Covered vendors and beneficiaries shall inform covered employees earning less than $12 per hour, or such other amount as determined by the designated Department, of their possible eligibility for the State and/or Federal Earned Income Credit (“EIC”).
(CBC 1985 24-12; Ord. 1998 c. 5 § 12)
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