6-110-060 Offer of additional work hours to existing employees.

   (a)   Subject to the limitations in this chapter, when an Employer needs to fill additional shifts of work, the Employer shall first offer additional shifts of work to existing Covered Employees if the Covered Employees are qualified to do the additional work, as determined by the Employer. If offered shifts are not accepted by Covered Employees, the shifts shall be offered to temporary or seasonal workers who have worked on behalf of the Employer for two or more weeks.

   (b)   An Employer shall distribute additional shifts in compliance with subsection (a), provided that:

      (1)   the Employer's system for distribution of hours must not discriminate on the basis of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity or expression, disability, age, or marital or familial status;

      (2)   whenever practicable, the Employer shall first offer those hours to part-time Covered Employees.

   (c)   This section shall not be construed to require any employer to schedule employees to work hours required to be paid at a premium rate.

(Added Coun. J. 6-25-21, p. 32156, § 5)

6-110-070 Right to rest.

   (a)   A Covered Employee has the right to decline Work Schedule hours that are less than 10 hours after the end of the previous day's shift.

   (b)   When a Covered Employee works a shift that begins less than 10 hours after the end of the previous day's shift, the Employer shall pay the Covered Employee at a rate of 1.25 times the Covered Employee's regular rate of pay for that shift.

(Added Coun. J. 6-25-21, p. 32156, § 5)

6-110-080 Right to request a flexible working arrangement.

   A Covered Employee has the right to request a modified Work Schedule, including, but not limited, to additional shifts or hours; changes in days of work; changes in shift start and end times; permission to exchange shifts with other employees; limitations on availability; part-time employment; job sharing arrangements; reduction or change in work duties; or part-year employment.

(Added Coun. J. 6-25-21, p. 32156, § 5)

6-110-090 Notice and posting.

   (a)   Every Employer shall post in a conspicuous place in each facility where any Covered Employee works that is located within the geographic boundaries of the City a notice advising the Covered Employees of their rights under this chapter. The Commissioner shall prepare and make available a form notice that satisfies the requirements of this subsection (a).

   (b)   Every Employer shall provide with the first paycheck subject to this chapter a notice advising the Covered Employee of their rights under this chapter. The Commissioner shall prepare and make available a form notice that satisfies the requirements of this subsection (b).

   (c)   All notices and postings that name individual Covered Employees shall comply with Section 6-110-040.

(Added Coun. J. 6-25-21, p. 32156, § 5)

6-110-100 Retaliation prohibited.

   (a)   It shall be unlawful for any Employer to discriminate in any manner or take any adverse action against any Covered Employee in retaliation for exercising any right under this chapter, including, but not limited to, disclosing, reporting, or testifying about any violation of this chapter or rules promulgated thereunder. For purposes of this section, prohibited adverse actions include, but are not limited to, termination, denial of promotion, negative evaluations, punitive schedule changes, punitive decreases in the desirability of work assignments, and other acts of harassment shown to be linked to such exercise of rights.

   (b)   A violation of this section shall subject the Employer to a $1,000.00 fine.

(Added Coun. J. 6-25-21, p. 32156, § 5)

6-110-110 Avoidance of application.

   It shall be unlawful for an Employer to engage in any of the following to avoid coverage under this chapter: (i) change a regular rate of pay, (ii) interfere with, restrain, deny, or change scheduled work days or hours, or (iii) hire, rehire, terminate, or suspend, even temporarily.

(Added Coun. J. 6-25-21, p. 32156, § 5)

6-110-120 Enforcement – Rules.

   The Department shall administer and enforce this chapter and is authorized to adopt rules to effectuate that administration and enforcement.

(Added Coun. J. 6-25-21, p. 32156, § 5)

6-110-130 Violation – Penalty.

   Any Employer who violates this chapter or any rule promulgated thereunder shall be subject to a fine of not less than $300.00 nor more than $500.00 for each offense. Each Covered Employee whose rights are affected shall constitute a separate and distinct offense to which a separate fine shall apply. Each day that a violation occurs shall constitute a separate and distinct offense to which a separate fine shall apply. Any agreement between the Employee and Employer that would violate this chapter is no defense to an enforcement action.

(Added Coun. J. 6-25-21, p. 32156, § 5)