Loading...
(a) An Employee who has been discharged in violation of this article by a Successor Contractor or its Subcontractor may bring an action in the Superior Court of the State of California against the Successor Contractor and, where applicable, its Subcontractor, and may be awarded:
(1) Back pay for each day during which the violation continues, which shall be calculated at a rate of compensation not less than the higher of:
(A) The average regular rate of pay received by the Employee from the terminated Contractor during the last three years of the Employee’s employment in the same occupation classification; or
(B) The final regular rate paid by the terminated Contractor to the Employee.
(2) Costs of benefits the Successor Contractor would have incurred for the Employee under the successor Contractor’s (or Subcontractor’s, where applicable) benefit plan.
(b) If the Employee is the prevailing party in any such legal action, the court shall award reasonable attorney’s fees and costs as part of the costs recoverable.
(c) Compliance with this article shall be required in all Contracts and shall provide that violation of this article shall entitle the City to terminate the Contract and pursue all legal remedies.
(d) If the DAA determines that a Contractor or Subcontractor violated this article, the DAA may recommend that the Awarding Authority take any or all of the following actions:
(1) Document the determination in the Awarding Authority’s Contractor Evaluation required under Los Angeles Administrative Code Section 10.39, et seq.;
(2) Require that the Contractor or Subcontractor document the determination in each of the Contractor’s or Subcontractor’s subsequent Contractor Responsibility Questionnaires submitted under Los Angeles Administrative Section 10.40, et seq.;
(3) Terminate the Contract;
(4) Recommend to the Awarding Authority to withhold payments due to the Contractor or Subcontractor.
(e) Notwithstanding any provision of this Code or any other law to the contrary, no criminal penalties shall attach for any violation of this article.
SECTION HISTORY
Added by Ord. No. 170,784, Eff. 1-13-96.
Amended by: Ord. No. 171,004, Eff. 5-18-96; In Entirety, Ord. No. 184,293, Eff. 6-27-16; In Entirety, Ord. No. 185,356, Eff. 1-26-18.
(a) An Awarding Authority may allow a Successor Contractor or Subcontractor to fill a position under a Contractor with a person who has been employed by the Contractor or Subcontractor continuously for at least 12 months prior to the commencement of the Successor Contract working in a position similar to the position to be filled in the Successor Contract. The Successor Contractor or Subcontractor shall first obtain written approval of the Awarding Authority by demonstrating that: (a) the person would otherwise be laid off work; and (b) the person’s retention would be helpful to the Contractor or Subcontractor in performing the Successor Contract.
(b) Nothing in this article shall limit the right of the DAA to waive the provisions herein with respect to a Contractor if it finds it is not in the best interest of the City.
SECTION HISTORY
Added by Ord. No. 170,784, Eff. 1-13-96.
Amended by: Ord. No. 171,004, Eff. 5-18-96; In Entirety, Ord. No. 184,293, Eff. 6-27-16; In Entirety, Ord. No. 185,356, Eff. 1-26-18.
This article shall not be construed to limit an Employee's right to bring legal action for wrongful termination.
SECTION HISTORY
Added by Ord. No. 170,784, Eff. 1-13-96.
Amended by: Ord. No. 171,004, Eff. 5-18-96; In Entirety, Ord. No. 184,293, Eff. 6-27-16; In Entirety, Ord. No. 185,356, Eff. 1-26-18.
This article shall apply to the expenditure, whether through Contracts let by the City or by City Financial Assistance Recipients, of funds entirely within the City’s control and to other funds, such as federal or state grant funds, where the application of this article is consonant with the laws authorizing the City to expend such other funds. City Financial Assistance Recipients shall apply this article to the expenditure of non-City funds for Contracts to be performed in the City by complying with Section 10.36.2(i) and by contractually requiring their Contractors with Contracts to comply with this article. Such requirement shall be imposed by the recipient until the City financial assistance has been fully expended.
SECTION HISTORY
Added by Ord. No. 171,004, Eff. 5-18-96.
Amended by: Ord. No. 172,337, Eff. 1-14-99; Ord. No. 172,843, Eff. 11-4-99; In Entirety, Ord. No. 184,293, Eff. 6-27-16; In Entirety, Ord. No. 185,356, Eff. 1-26-18.
The DAA shall promulgate rules for implementation of this article and otherwise coordinate administration of the requirements of this article.
SECTION HISTORY
Added by Ord. No. 171,004, Eff. 5-18-96.
Amended by: Ord. No. 176,155, Eff. 9-22-04; Ord. No. 176,283, Eff. 12-25-04, Oper. 9-22-04; In Entirety, Ord. No. 184,293, Eff. 6-27-16; In Entirety, Ord. No. 185,356, Eff. 1-26-18.
If any subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION HISTORY
Added by Ord. No. 171,004, Eff. 5-18-96.
Amended by: In Entirety, Ord. No. 184,293, Eff. 6-27-16; In Entirety, Ord. No. 185,356, Eff. 1-26-18.
Section
10.37 Legislative Findings.
10.37.1 Definitions.
10.37.2 Payment of Minimum Compensation to Employees.
10.37.3 Health Benefits.
10.37.4 Employer Reporting and Notification Requirements.
10.37.5 Retaliation Prohibited.
10.37.6 Enforcement.
10.37.7 Administration.
10.37.8 City is a Third Party Beneficiary of Contracts Between an Employer and Subcontractor for Purposes of Enforcement.
10.37.9 Coexistence with Other Available Relief for Specific Deprivations of Protected Rights.
10.37.10 Expenditures Covered.
10.37.11 Timing of Application.
10.37.12 Express Supersession by Collective Bargaining Agreement.
10.37.13 Liberal Interpretation of Coverage; Rebuttable Presumption of Coverage.
10.37.14 Contracts, Employers and Employees Not Subject to this Article.
10.37.15 Exemptions.
10.37.16 Severability.
Loading...