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Every construction labor provider shall keep on file in its principal place of business for a period of three years the following records:
a. Statements signed by each covered construction worker, in the language identified by each covered construction worker as their primary language, indicating that the covered construction worker received, read and understood the notices required to be provided to them pursuant to section 20-564.2 of this subchapter;
c. Such other records as the commissioner may prescribe by rule.
All records required by this section or by the commissioner by rule shall be made available to the department electronically upon request, consistent with applicable law and in accordance with rules promulgated hereunder and with appropriate notice.
(L.L. 2021/150, 12/11/2021, eff. 6/9/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/150.
It is unlawful for a third party client to accept the services of a covered construction worker provided by a construction labor provider that is not licensed pursuant to this subchapter, if the provision of such services by such construction labor provider would require such a license. A construction labor provider shall provide each of its third party clients with a copy of their license issued by the department upon such client's request. If a third party client accepts the services of a construction labor provider who is not licensed but demonstrates the receipt of information from the construction labor provider or the department that inaccurately represents such provider as licensed, such client shall be held harmless. Each violation of this section shall subject a third party client to a civil penalty not to exceed $500. Each day during which a third party client accepts the services of a covered construction worker in violation of this section shall constitute a separate and distinct offense.
(L.L. 2021/150, 12/11/2021, eff. 6/9/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/150.
a. Any person operating as a construction labor provider without a license issued by the commissioner pursuant to this subchapter shall be liable for a civil penalty of $500 per day for every calendar day during which the unlicensed construction labor provider operated. A construction labor provider that violates section 20-564.2 or any rule promulgated thereunder shall be liable for a civil penalty of $250 for a first violation, and $500 for each subsequent violation within one year of the first violation. Each covered construction worker or third party client for whom the construction labor provider did not provide a notification in accordance with such section shall constitute a separate and distinct offense. Such penalties shall be in addition to any other civil or criminal penalties that may be applicable under any other law, rule or regulation.
b. Any action or proceeding that may be appropriate or necessary for the correction of any violation issued pursuant to this subchapter, including, but not limited to, actions to secure permanent injunctions, enjoining any acts or practices which constitute such violation, mandating compliance with the provisions of this subchapter, seeking civil penalties for violations of this subchapter, or such other relief as may be appropriate, may be initiated in any court of competent jurisdiction by the corporation counsel or such other persons designated by the corporation counsel.
(L.L. 2021/150, 12/11/2021, eff. 6/9/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/150.
Any covered construction worker who is aggrieved by a violation of this subchapter may commence an action in a court of competent jurisdiction on their own behalf against a construction labor provider. For each violation of section 20-564.2, the covered construction worker may recover damages of $500. If such violation of 20-564.2 was committed with intent or recklessness, the covered construction worker may recover damages of $1,000. Any person who is a victim of retaliation shall be entitled to all relief necessary to make such person whole, including, but not limited to: (i) an injunction to restrain any adverse or retaliatory action; (ii) reinstatement to the position such officer or employee would have had but for such action, or to an equivalent position; and (iii) reinstatement of full benefits and seniority rights including payment of any missed back pay, plus interest. Persons aggrieved by a violation of section 20-564.2 or by retaliation shall be entitled to compensation for any special damages sustained as a result of an action commenced pursuant to this section, including litigation costs and reasonable attorneys' fees; and to relief other than set forth in this section as the court may deem appropriate.
(L.L. 2021/150, 12/11/2021, eff. 6/9/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/150.
Subchapter 38: Hotels
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