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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)
(a) An employee may initiate a civil action asserting that they were subjected to a violation of this chapter after the following sequence of events occurs: (i) the employee submits to the Department a factually supported written complaint describing the violation, and (ii) the Department forwards to the Employer the complaint and provides the Employer with an opportunity to either contest the alleged violation, in which case the Employer shall provide to the Department factual support for its position, or cure the alleged violation, in which case the Employer shall provide the Department with detail as to actions it has taken and will take to make the affected employee(s) whole and eliminate the basis for future similar complaints, and (iii) the Department has notified the complaining employee and the Employer in writing that the Department considers the complaint to be closed. The Department may consider a complaint closed because: the complaint has been cured by the Employer, or the Department has deemed the complaint justified and supported and has enforced it against the Employer to conclusion, or the Department has deemed the complaint unjustified or unsupported.
(b) Any claim or action filed under this chapter must be made within two years of the alleged conduct resulting in the complaint.
(c) A Covered Employee who prevails in a civil action pursuant to this section shall be entitled to an award of compensation for any damages sustained, including the payment of Predictability Pay unlawfully withheld, as a result of the violation, including litigation costs, expert witness fees, and reasonable attorney's fees.
(Added Coun. J. 6-25-21, p. 32156, § 5)
The remedies, fines, and procedures provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies, penalties, and procedures established by law which may be pursued to address violations of this chapter.
(Added Coun. J. 6-25-21, p. 32156, § 5)
Each Employer shall maintain for at least three years, or for the duration of any claim, civil action, or investigation pending pursuant to this chapter, whichever is longer, a record of each Covered Employee's name, hours worked, pay rate, and records necessary to demonstrate compliance with this chapter, including but not limited to good faith estimates of Work Schedules, initial posted schedule and all subsequent changes to that schedule, consent to work hours where such consent is required by this chapter, and documentation of offers of hours of work to existing staff and responses to such offers. Each Employer shall provide each Covered Employee a copy of the records relating to such Covered Employee upon the Covered Employee's reasonable request.
(Added Coun. J. 6-25-21, p. 32156, § 5)
Each Employer shall permit access to work sites and relevant records for authorized City representatives for the purpose of monitoring compliance with this chapter and investigating Employee complaints of noncompliance, including production for inspection and copying of its employment records.
(Added Coun. J. 6-25-21, p. 32156, § 5)