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Any Employer who violates this chapter or any rule promulgated thereunder shall be liable to the affected Covered Employee for damages equal to three times the full amount of any leave denied or lost by reason of the violation, and the interest on that amount calculated at the prevailing rate; together with costs and reasonable attorney’s fees, which shall be paid by the Employer to the Covered Employee.
(Added Coun. J. 11-9-23, p. 5853, § 8; Amend Coun. J. 3-20-24, p. 10146, § 8)
(a) If any Covered Employee is not allowed a benefit to which the Covered Employee is entitled under this chapter, the Covered Employee may recover in a civil action damages equal to three times the full amount of any leave denied or lost by reason of the violation, and the interest on that amount calculated at the prevailing rate; together with costs and such reasonable attorney’s fees as the court allows.
(b) For Paid Sick Leave provisions under this chapter, such right to private cause of action shall be available on July 1, 2024.
(c) For Paid Leave provisions under this chapter:
(1) such right to a private cause of action shall not be available until July 1, 2025.
(2) A Covered Employee may initiate a civil action pursuant to this chapter only after: (A) an alleged violation occurs; and (B) the payday for the next regular payroll period or 16 days after the alleged violation occurred passes, whichever is the shorter period. This Section 6-130-100(c)(2) shall sunset of its own accord without further action of the City Council on July 1, 2026.
(Added Coun. J. 11-9-23, p. 5853, § 8; Amend Coun. J. 12-13-23, p. 7601, § 11; Amend Coun. J. 3-20-24, p. 10146, § 8)
Each Employer shall maintain for at least five 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 and addresses, hours worked, pay rate, wage agreement, number of paid time off hours earned for each year and the dates on which paid time off hours were taken and paid, and records necessary to demonstrate compliance with this chapter. Each Employer who has an Employee whose regular work duties take place within the geographical boundaries of Chicago shall maintain this same information. Failure to maintain these records shall create a presumption, rebuttable by clear and convincing evidence, that the Employer violated this Chapter 6-130 for the periods for which records were not retained for each Covered Employee. Each Employer shall provide each Covered Employee a copy of the records relating to such Covered Employee upon the Covered Employee’s request.
(Added Coun. J. 11-9-23, p. 5853, § 8; Amend Coun. J. 12-13-23, p. 7601, § 12; Amend Coun. J. 3-20-24, p. 10146, § 8)