112.03 MONITORING CONTRACTS; ADVERSE DETERMINATION LIST.

   (a)   Any person employed on a contract or subcontract, who alleges that a violation of federal or state law relating to wage theft or payroll fraud has occurred, may file a written complaint with the director of the applicable department within 180 days of the alleged violation or knowledge of the alleged violation. The complaint shall be a statement with the name and address of the person making the charge, the name and address of the employer alleged to have committed the violation of federal or state law, and any other information as may be required by the director of the applicable department.

   (b)   The Law Department shall create and maintain a list of persons or entities that have reported adverse determinations pursuant to Section 112.02, the adverse determination list. The Law Department shall cause the list to be published on the City website and updated every month.

(Ord. 76-2023. Passed 7-17-23.)

112.04 WAIVER.

   (a)   An applicable department may request a waiver from the Law Department on behalf of a person or entity with an adverse determination that places the person or entity on the adverse determination list. The Law Department may grant the waiver if the applicable department demonstrates that the inability of the applicable department to contract with that person or entity would result in serious disruption to the efficient and orderly operations of the City or the person or entity is a sole source provider of goods or services that are necessary for the efficient and orderly operations of the City.

   (b)   A person or entity may request a waiver from the Law Department of an adverse determination that places that person or entity on the adverse determination list. The request shall be in writing and shall include one or more of the following reasons for granting the waiver:

      (1)   That there has been a bona fide change in ownership of the person or entity since the adverse Determination;

      (2)   The person or entity has taken significant and verifiable actions to prevent any future adverse determinations and has complied with the requirements of the final adjudication, final action, or final determination placing that person or entity on the adverse determination list, including the payment of required back pay, interest penalties and fines; and

      (3)   Any other information the person or entity deems relevant to granting the waiver, or that the Law Department wishes to consider.

   (c)   The Law Department may grant a waiver under division (b) of this section by removing the person or entity from the adverse determination list, reducing the time period a person or entity is on the adverse determination list, or allowing the person or entity a one-time waiver to enter into a contract, subcontract or to apply for assistance.

(Ord. 76-2023. Passed 7-17-23.)

112.05 COMMUNITY EDUCATION.

   (a)   The Law Department shall partner with employers, labor organizations and community groups to inform residents of their workplace rights under federal, state and local law, provide information to residents about available resources, and to communicate the benefits of this chapter to businesses, employees and community groups.

   (b)   The Law Department shall review the effectiveness of the wage theft and payroll fraud ordinance to ensure that those entities receiving public assistance, government loans, and contracts from the City are adhering to the ordinance. The Law Department shall make recommendations to the Council, when appropriate, regarding issues pertaining to the wage theft and payroll fraud policy.

(Ord. 76-2023. Passed 7-17-23.)

112.06 VIOLATIONS; PENALTY.

   (a)   No person shall willfully withhold the information required under Section 112.02.

   (b)   Any person who violates division (a) of this section is guilty of a misdemeanor of the first degree.

(Ord. 76-2023. Passed 7-17-23.)