A. Civil Enforcement Action by Employee, City or Third Parties. Any Employee aggrieved by a violation of the Minimum Wage Ordinance, the Fair Work Week Ordinance, or this article, the City Attorney, or any other person or entity acting on behalf of the public as provided for under applicable state law, may bring a civil action in a court of competent jurisdiction against the Employer. An Employee or the City, upon prevailing, shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation, including, without limitation, the payment of any minimum wages and Sick Time Benefits unlawfully withheld, the payment of penalties in the amount of up to $120 to each Employee whose rights under this article were violated for each day that the violation occurred or continued, reinstatement in employment and/or injunctive relief, and shall be awarded reasonable attorneys’ fees and costs. Any other person or entity enforcing the Minimum Wage Ordinance, the Fair Work Week Ordinance or this article on behalf of the public as provided for under applicable state law, upon prevailing, shall be entitled only to equitable, injunctive and/or restitutionary relief, and reasonable attorneys’ fees and costs. Nothing in this article shall be interpreted as restricting, precluding, or otherwise limiting a separate or concurrent criminal prosecution under the Municipal Code or state law.
B. Restitution and Penalty Assessments by the Division Payable to the Employee.
1. Restitution and Penalties for Minimum Wage and Sick Time Violations. Every Employer who violates the Minimum Wage Ordinance, this article, or any portion thereof, shall be liable to the Employee whose rights were violated for any and all relief, including, but not limited to, the payment to each Employee of wages and Sick Time Benefits unlawfully withheld and an additional penalty of up to $120 per day that each of the violations occurred or continued. A violation for unlawfully withholding wages or Sick Time Benefits shall be deemed to continue from the date immediately following the date that the wages or Sick Time Benefits were due and payable as provided in Part 1 (commencing with Section 200) of Division 2 of the California Labor Code, to the date immediately preceding the date the wages or Sick Time Benefits are paid in full. For retaliatory action by the Employer, the Employee shall be entitled to reinstatement and a trebling of all wages, Sick Time Benefits, and penalties owed.
2. Restitution and Penalties to Employee for Fair Work Week Violations. An Employer who violates the Fair Work Week Ordinance shall pay restitution and a penalty as provided in this paragraph to each Employee whose rights were violated. The Division shall impose and collect, on behalf of an Employee, a one-time penalty for each violation. The violations in this subsection do not continue daily and do not accrue daily penalties.
VIOLATION AND PENALTY AMOUNT PAYABLE TO EMPLOYEE
Violation | Penalty |
Failure to provide a good faith estimate of work schedule – Municipal Code Section 185.02. | Up to $500 |
Failure to compensate Employee at one and one-half times pay for working a Shift that begins less than ten hours from the previous Shift – Municipal Code Section 185.08. | Up to $500 |
Failure to provide an Employee with at least 14 calendar days' notice of Work Schedule – Municipal Code Section 185.04 A. | Up to $500 |
Failure to provide written notice of Work Schedule changes – Municipal Code Section 185.04 B. | Up to $500 |
Failure to comply with prohibitions against requiring an Employee to find coverage for scheduled hours if the Employee is unable to work for a reason covered by other laws – Municipal Code Section 185.07. | Up to $500 |
Failure to offer additional hours of work to current Employees before hiring new workers – Municipal Code Section 185.05. | Up to $500 |
C. Grace Period for Fair Work Week Violations. The provisions of this section shall not apply to violations of the Fair Work Week Ordinance that occur during the first 180 days after the effective date of this ordinance. During this period, the Division shall only issue written warnings to Employers.