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a. Nothing in this chapter shall be construed to discourage or prohibit the adoption or retention of a safe time or sick time policy more generous than that which is required herein.
b. Nothing in this chapter shall be construed as diminishing the obligation of an employer to comply with any contract, collective bargaining agreement, employment benefit plan or other agreement providing more generous safe time or sick time to an employee than required herein.
c. Nothing in this chapter shall be construed as diminishing the rights of public employees regarding safe time or sick time as provided pursuant to federal, state or city law.
(Am. L.L. 2017/199, 11/6/2017, eff. 5/5/2018; Am. L.L. 2021/172, 12/24/2021, retro. eff. 11/2/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/046 and L.L. 2021/172.
a. This chapter provides minimum requirements pertaining to safe time and sick time and shall not be construed to preempt, limit or otherwise affect the applicability of any other law, regulation, rule, requirement, policy or standard that provides for greater accrual or use by employees of safe time or sick time, whether paid or unpaid, or that extends other protections to employees.
b. Nothing in this chapter shall be construed as creating or imposing any requirement in conflict with any federal or state law, rule or regulation, nor shall anything in this chapter be construed to diminish or impair the rights of an employee or employer under any valid collective bargaining agreement.
c. Where section 196-b of the labor law, or any regulation issued thereunder, sets forth a standard or requirement for minimum hour or use of safe/sick time that exceeds any provision in this chapter, such standard or requirement shall be incorporated by reference and shall be enforceable by the department in the manner set forth in this chapter and subject to the penalties and remedies set forth in the labor law.
(Am. L.L. 2017/199, 11/6/2017, eff. 5/5/2018; Am. L.L. 2020/097, 9/28/2020, eff. 9/30/2020; Am. L.L. 2021/172, 12/24/2021, retro. eff. 11/2/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/046 and L.L. 2021/172.
a. The department shall enforce the provisions of this chapter. In effectuating such enforcement, the department shall establish a system utilizing multiple means of communication to receive complaints regarding non-compliance with this chapter and investigate complaints received by the department in a timely manner. The department may open an investigation upon receipt of a complaint or on its own initiative.
b. Any person alleging a violation of this chapter shall have the right to file a complaint with the department within 2 years of the date the person knew or should have known of the alleged violation. The department shall maintain confidential the identity of any natural person providing information relevant to enforcement of this chapter unless disclosure of such person's identity is necessary to the department for resolution of its investigation or otherwise required by federal or state law. The department shall, to the extent practicable, notify such person that the department will be disclosing such person’s identity prior to such disclosure.
c. 1. Upon receiving a complaint alleging a violation of this chapter, the department shall investigate such complaint, provided that if the complainant commences a civil action pursuant to subdivision f of this section for the same alleged violation, the department shall stay such investigation until the department is notified such civil action is withdrawn or dismissed without prejudice. Upon notice of a final judgment or settlement in such a civil action, the department shall dismiss the complaint unless the department determines the complaint alleges a violation not resolved by such judgment or settlement. The complainant must notify the department, in a manner prescribed by the commissioner and described on the department’s website, within 30 days of the date that the time for any appeal has lapsed that such complaint is withdrawn, dismissed without prejudice, or resolved by final judgment or settlement. Nothing in this paragraph shall affect the authority of the department to open an investigation on its own initiative pursuant to subdivision a of this section.
2. Within 14 days of written notification of an investigation by the department, the person or entity under investigation shall provide the department with a written response and such other information as the department may request. The department shall keep complainants reasonably notified regarding the status of their complaint and any resultant investigation. If, as a result of an investigation of a complaint or an investigation conducted upon its own initiative, the department believes that a violation has occurred, it shall issue to the offending person or entity a notice of violation. The commissioner shall prescribe the form and wording of such notices of violation. The notice of violation shall be returnable to the administrative tribunal authorized to adjudicate violations of this chapter.
d. The department shall have the power to impose penalties provided for in this chapter and to grant each and every employee or former employee all appropriate relief. Such relief shall include: (i) for each instance of safe/sick time taken by an employee but unlawfully not compensated by the employer: 3 times the wages that should have been paid under this chapter or $250, whichever is greater; (ii) for each instance of safe/sick time requested by an employee but unlawfully denied by the employer and not taken by the employee or unlawfully conditioned upon searching for or finding a replacement worker, or for each instance an employer requires an employee to work additional hours without the mutual consent of such employer and employee in violation of section 20-915 of this chapter to make up for the original hours during which such employee is absent pursuant to this chapter: $500; (iii) for each violation of section 20-918 not including discharge from employment: full compensation including wages and benefits lost, $500 and equitable relief as appropriate; (iv) for each instance of unlawful discharge from employment: full compensation including wages and benefits lost, $2,500 and equitable relief, including reinstatement, as appropriate; and (v) for each employee covered by an employer's official or unofficial policy or practice of not providing or refusing to allow the use of accrued safe/sick time in violation of section 20-913, $500.
e. Any entity or person found to be in violation of the provisions of sections 20-913, 20-914, 20-915 or 20-918 of this chapter shall be liable for a civil penalty payable to the city not to exceed $500 for the first violation and, for subsequent violations that occur within 2 years of any previous violation, not to exceed $750 for the second violation and not to exceed $1,000 for each succeeding violation. Penalties shall be imposed on a per employee and per instance basis.
f. Any person alleging a violation of this chapter may commence a civil action in any court of competent jurisdiction to seek compensatory damages, including, but not limited to, the relief set forth in subdivision d of this section, injunctive and declaratory relief, attorney’s fees and costs, and such other relief as such court deems appropriate. Such civil action shall be commenced within 2 years of the date the person knew or should have known of the alleged violation.
g. Filing a complaint with the department in accordance with subdivision b of this section shall be neither a prerequisite nor a bar to bringing a civil action pursuant to subdivision f of this section.
h. The department shall annually report on its website: the number and nature of the complaints filed pursuant to this chapter, including the number of such complaints not substantiated and the number of notices of violations issued; the number of civil actions, to the extent the department is notified of such civil actions pursuant to this chapter; the number of investigations opened and closed pursuant to this chapter; and the average time for a complaint to be resolved pursuant to this chapter.
(Am. L.L. 2020/097, 9/28/2020, eff. 9/30/2020; Am. L.L. 2021/172, 12/24/2021, retro. eff. 11/2/2021; Am. L.L. 2024/022, 1/20/2024, eff. 3/20/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/046, L.L. 2014/007 and L.L. 2021/172.
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 the enforcement of any order issued by the department pursuant to this chapter or for the correction of any violation issued pursuant to section 20-924, including actions to mandate compliance with the provisions of such order, 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. 2020/097, 9/28/2020, eff. 9/30/2020)
a. Cause of action.
1. Where reasonable cause exists to believe that an employer is engaged in a pattern or practice of violations of this chapter, the corporation counsel or such other persons designated by the corporation counsel may commence a civil action on behalf of the city in a court of competent jurisdiction.
2. The corporation counsel or such other persons designated by the corporation counsel shall commence such action by filing a complaint setting forth facts relating to such pattern or practice and requesting relief, which may include injunctive relief, civil penalties and any other appropriate relief.
3. Nothing in this section prohibits the department from exercising its authority under section 20-924 or the city charter, provided that a civil action pursuant to this section shall not have previously been commenced.
b. Investigation. The corporation counsel may initiate any investigation to ascertain such facts as may be necessary for the commencement of a civil action pursuant to subdivision a of this section, and in connection therewith shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents, to administer oaths and to examine such persons as are deemed necessary.
c. Civil penalties and relief for employees. In any civil action commenced pursuant to subdivision a of this section, the trier of fact may impose a civil penalty of not more than $15,000 for a finding that an employer has engaged in a pattern or practice of violations of this chapter. Any civil penalty so recovered shall be paid into the general fund of the city. The trier of fact may, in addition, award relief of up to $500 to each employee covered by an employer's official or unofficial policy or practice of not providing or refusing to allow the use of earned time in violation of section 20-913.
(L.L. 2020/097, 9/28/2020, eff. 9/30/2020)
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