Subchapter B: Construction

§ 11-10 Successors and Assignees.

   The definition of the term "Financial Assistance Recipient" as set forth in the Living Wage Law and the definition of the term "Subsidy Recipient" as set forth in the Living Wage Executive Order shall be construed to include any successor in interest, whether through merger, pledge, transfer, assignment, operation of law or otherwise, of any Financial Assistance Recipient or Subsidy Recipient.

(Added City Record 9/15/2016, eff. 10/15/2016)

Subchapter C: Enforcement

§ 11-20 Cure Notice.

   (a)   Prior to commencing a Case, the Department shall deliver a written notice to the applicable Covered Employer or Additional Covered Employer informing the Covered Employer or Additional Covered Employer that the Department may commence a Case unless the Covered Employer or Additional Covered Employers demonstrates, to the reasonable satisfaction of the Department, within 30 days, that the Covered Employer or Additional Covered Employers has cured its violations of the Living Wage Law. The notice shall indicate that the Covered Employer or Additional Covered Employer may contact the Department to settle the alleged violation(s) of the Living Wage Law, and note that any settlement is at the discretion of the Department.

   (b)   Cure may be in the form of:

      (1)   payment of wages and/or the monetary equivalent of benefits wrongly denied to the Employee(s), including interest from the date of underpayment to the Employee(s), based on the interest rate then in effect as prescribed by the superintendent of banks pursuant to section 14-a of the state banking law, but in any event at a rate no less than six percent per year;

      (2)   payment of a further sum as a civil penalty to the City in an amount not exceeding two hundred percent of the total amount found to be due in violation of this section;

      (3)   the filing or disclosure of any records that were not filed or made available to the public as required by this section;

      (4)   the reinstatement of, or other appropriate relief for, any person found to have been subjected to retaliation or discrimination in violation of the Living Wage Law;

      (5)   payment of the sums withheld from the financial assistance recipient by the City pursuant to Section 6-134(g)(1) of the Living Wage Law at the commencement of the investigation and the interest that has accrued thereon to the Employee(s); or

      (6)   any other relief reasonably calculated to remedy the violation of the Living Wage Laws.

   (c)   The Department may, in its discretion, extend the time for the Covered Employer or Additional Covered Employer to cure.

(Added City Record 9/15/2016, eff. 10/15/2016)

§ 11-21 Petition.

   (a)   Charges in Petition. The Department shall commence Cases by service and filing of a Petition in accordance with 48 RCNY § 1-23. The Department shall concurrently serve a copy of the Petition on any Employee complainants.

   (b)   Delivery of Complaint. Concurrent with service of a Petition, the Department shall deliver copies to the Respondent of any Employee complaints concerning the Respondent's alleged non-compliance with the Living Wage Law.

(Added City Record 9/15/2016, eff. 10/15/2016)