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a. The commissioner shall publish and make available a notice for a third-party food delivery service or third-party courier service to provide to food delivery workers informing them of their rights protected under this chapter. Such notice shall be made available in a downloadable format on the city's website and shall be updated if any changes are made to the requirements of this chapter or as otherwise deemed appropriate by the commissioner.
b. A third-party food delivery service or third-party courier service shall provide such notice electronically to a food delivery worker hired, retained, or engaged by such service. Such notice shall be in English and any language spoken as a primary language by at least five percent of the food delivery workers hired, retained, or engaged by such service, provided that the commissioner has made the notice available in such language.
(L.L. 2021/114, 10/24/2021, eff. 4/22/2022)
a. A third-party food delivery service or third-party courier service shall retain records documenting its compliance with the applicable requirements of this chapter for a period of three years and shall allow the department to access such records and other information, consistent with applicable law and in accordance with rules of the department and with appropriate notice, in furtherance of an investigation conducted pursuant to this chapter. A third-party food delivery service or third-party courier service must maintain records in their original format and provide such records to the department in their original format or a machine-readable electronic format as set forth in rules of the department. The department also may establish by rule, and require third-party food delivery services and third-party courier services to adhere to, a uniform system of records, and require submission of such records and other reports as the department may determine, in accordance with applicable law and rules and with appropriate notice.
b. The failure of a third-party food delivery service or third-party courier service to maintain, retain, or produce a record or other information required to be maintained by this chapter and requested by the department in furtherance of an investigation conducted pursuant to this chapter that is relevant to a material fact alleged by the department in a notice of violation issued pursuant to this subchapter creates a rebuttable presumption that such fact is true.
(L.L. 2021/114, 10/24/2021, eff. 4/22/2022)
a. The commissioner shall enforce the provisions of this chapter.
b. 1. Any person alleging a violation of this chapter may file a complaint with the department within two years of the date the person knew or should have known of the alleged violation.
2. Upon receiving such a complaint, the department shall investigate it.
3. The department may open an investigation on its own initiative.
4. A person or entity under investigation shall, in accordance with applicable law, provide the department with information or evidence that the department requests pursuant to the investigation. The department may attempt to resolve an investigation concerning a violation of this chapter through any action authorized by chapter 64 of the charter.
5. The department shall keep the identity of any complainant confidential unless disclosure is necessary to resolve the investigation or is otherwise required by law. The department shall, to the extent practicable, notify such complainant that the department will be disclosing the complainant's identity before such disclosure.
c. The commissioner may promulgate rules necessary and appropriate to the administration of this chapter.
(L.L. 2021/114, 10/24/2021, eff. 4/22/2022)
a. For violations of their rights under this chapter, a food delivery worker shall be entitled to the following relief:
1. all compensatory damages and other relief required to make the worker or former worker whole;
2. an order directing compliance with the requirements set forth in this chapter; and
3. for each violation of:
(a) section 20-1504,
(1) $500 for each violation not involving denial of future work opportunities;
(2) $2,500 for each violation involving denial of future work opportunities; and
(3) any equitable relief appropriate under the circumstances, including but not limited to payment of any lost earnings resulting from such retaliation.
(b) section 20-1521, $200;
(d) section 20-1523, $200; and
(e) section 20-1524, $200.
b. The relief authorized by this section shall be imposed on a per worker and per instance basis for each violation.
(L.L. 2021/114, 10/24/2021, eff. 4/22/2022)
a. For each violation of this chapter, a third-party food delivery service or third-party courier service is liable for a penalty of $500 for the first violation and, for subsequent violations that occur within two years of any previous violation of this chapter, up to $750 for the second violation and up to $1,000 for each succeeding violation.
b. The penalties imposed pursuant to this section shall be imposed on a per worker and per instance basis for each violation.
(L.L. 2021/114, 10/24/2021, eff. 4/22/2022)
The corporation counsel or such other persons designated by the corporation counsel on behalf of the department may initiate in any court of competent jurisdiction any action or proceeding that may be appropriate or necessary for correction of any violation issued pursuant to sections 20-1507 through 20-1509, including actions to secure permanent injunctions, enjoining any acts or practices that constitute such violation, mandating compliance with the provisions of this chapter, or such other relief as may be appropriate.
(L.L. 2021/114, 10/24/2021, eff. 4/22/2022)
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