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No Employer shall discharge, reduce in compensation or otherwise discriminate against any Employee for opposing any practice proscribed by this article, for requesting to use paid sick leave or actually using paid sick leave, for participating in proceedings related to this article, for seeking to enforce the Employee’s rights under this article by any lawful means, or for otherwise asserting rights under this article.
The DAA may promulgate guidelines and rules consistent with this article for the implementation of the provisions of this article. Any guidelines or rules shall have the force and effect of law, and may be relied upon by Employers, Employees and other parties to determine their rights and responsibilities under this article. The DAA may allow an Employer’s established paid leave or paid time off policy or one which provides payment for compensated time off to remain in place and comply with this article even though it does not meet all the requirements in Section 187.04, if the DAA determines that the Employer’s established policy is overall more generous.
Every three years after July 1, 2016, the Chief Legislative Analyst (CLA) with the assistance of the City Administrative Officer (CAO) shall commission a study to review the state of the City’s economy; minimum wage impacts; textile and apparel manufacturing impacts; temporary workers, guards and janitors impacts; home health care services impacts; residential care and nursing facilities impacts; child day care services impacts; restaurants and bars impacts; personal and repair services impacts; transitional jobs programs impacts; service charges, commissions and guaranteed gratuities impacts; and wage theft enforcement. On an annual basis, the CLA and CAO shall collect economic data, including jobs, earnings and sales tax.
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.
(Article Amended In Entirety by Ord. No. 187,710, Eff. 4/1/23.)
Section
188.00 Title and Purpose.
188.01 Authority.
188.02 Definitions.
188.03 Postings and Records.
188.04 Retaliation Prohibited.
188.05 Enforcement.
188.06 Notice of Correction.
188.07 Penalties and Remedies Payable to the Employee.
188.08 Administrative Fines and Penalties Payable to the City.
188.09 Additional Remedies.
188.10 Administrative Appeal.
188.11 Other Remedies Not Affected.
188.12 Outreach.
188.13 Regulations.
188.14 Reports.
188.15 Severability.
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