§ 9-4305.  Private Right of Action.
   (1)   An employee or an Authorized Organization may file an action under this Chapter in any court of competent jurisdiction. Upon a finding of a violation of this Chapter by the respondent employer, the court shall award the employee the unpaid wages due, costs, reasonable attorney's fees, and penalties pursuant to this Chapter.
   (2)   If during the pendency of a determination by the wage theft coordinator, prior to the issuance of a final decision, a complainant employee or Authorized Organization brings a private action in its own right, whether under this Ordinance, state law, or federal law, in any state or federal court, seeking unpaid wages based upon the same facts and allegations as the complainant employee's complaint under the Chapter, or affirmatively or by consent opts to participate in any such litigation, that complainant employee's complaint of wage theft to the wage theft coordinator shall be deemed withdrawn with respect to any respondent employer named as a defendant in such court action. This Section shall be interpreted narrowly so as to leave unaffected any cumulative rights which were not the subject of the complainant employee's complaint. 1242
   (3)   Nothing in this Chapter or its implementing regulations shall be construed as to require a complaint to be filed with the wage theft coordinator before bringing an action in court or before any other governmental agency.

 

Notes

1242
   Amended, Bill No. 171113 (approved March 6, 2018).