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§ 9-4302. Wage Theft Coordinator; Duties.
   (1)   Coordinator. The Managing Director shall designate a wage theft coordinator to carry out the duties set forth in this Chapter.
   (2)   The wage theft coordinator shall have the following duties:
      (a)   Receive and review each wage theft complaint submitted by a Proper Party;
      (b)   If the complaint is above the Maximum Threshold Amount or below the Minimum Threshold Amount, assist and advise persons with complaints by providing them with information regarding available remedies, and provide such other assistance as the coordinator may deem appropriate; and
      (c)   Make determinations regarding complaints as provided in this Chapter. 1359
      (d)   Oversee a public outreach and education program designed to inform workers and employers of their rights and duties in complying with this Chapter 1360 and other labor laws. Special emphasis should be placed on outreach to workers with limited English proficiency and other at-risk groups.
      (e)   Refer complaints and complainants to other governmental agencies for further action, if deemed necessary.

 

Notes

1359
   Amended, Bill No. 171113 (approved March 6, 2018).
1360
   Enrolled bill read "...complying with Chapter...."
§ 9-4303. Procedures for Wage Theft Complaints.
   (1)   Filing Wage Theft Complaints.
      (a)   A proper party must allege a wage theft violation in which the unpaid wages are equal to or greater than the minimum threshold amount and equal to or less than the maximum threshold amount.
      (b)   A signed complaint for wage theft must be filed with the wage theft coordinator less than three years from the date the wage theft occurred. A wage theft complaint properly filed under this Section tolls the applicable statute of limitations for any action in state or federal court concerning a claim under this Chapter. 1361
      (c)   The complaint shall set forth the facts upon which it is based with sufficient specificity to identify the employer or employers and for the wage theft coordinator to determine both that an allegation of wage theft has been made and that the threshold amount has been met.
      (d)   Upon the filing of any complaint, the wage theft coordinator shall promptly determine whether the wage theft complaint alleges wage theft, names at least one employer, and meets the threshold amount criterion. 1362
      (e)   Upon making such determination, the wage theft coordinator shall serve the complaint and a written notice on the employer or employers charged with the commission of a wage theft practice, setting forth the allegations, rights and obligations of the parties. Such service shall be by personal service or certified mail.
   (2)   Answer.
      (a)   Each employer shall file an answer to the complaint with the wage theft coordinator not later than thirty (30) days after receipt of the complaint. Such answer shall include all available records of the hours worked by the complaining employee or employees, the amounts paid to those employees, and any credits or deductions that may have been lawfully taken.
      (b)   In its answer, an employer may admit liability for either part of or the entire amount in dispute.
   (3)   Subpoenas.
      (a)   The wage theft coordinator shall have the power to subpoena records from any party to the complaint. Said records shall be returned to the wage theft coordinator within thirty (30) days after receipt of the subpoena.
   (4)   Standards for Resolving Factual Disputes. 1363
      (a)   In the event that there is a factual dispute as to whether wages are owed or the amount of wages that are owed, the complainant shall bear the burden of proof by a preponderance of the evidence.
      (b)   A complainant may meet the burden of proof by presenting sufficient evidence to show the amount of work performed, or the extent of work performed, and the amount of compensation due for the work performed, when:
         (.1)   The respondent employer has a legal obligation to keep records of an employee's hours worked and/or records of compensation provided to an employee; and
         (.2)   Such records are imprecise, inadequate or do not exist.
      (c)   Failure to provide any records by the employer or employers shall raise a rebuttable presumption that the wages complained of were not paid.
      (d)   An employer may present other evidence to negate the reasonableness of the inferences to be drawn from the complainant's evidence in (b), but the burden is on the employer to do so.
   (5)   Determination by Wage Theft Coordinator of Violation. 1364
      (a)   Within sixty (60) days of receipt of the Answer, or within 110 days of receipt of the Complaint, whichever is earlier, the wage theft coordinator shall issue a written determination regarding the Complaint. The determination shall include written findings.
      (b)   If wages are determined to be owed in violation of this Chapter, the wage theft coordinator shall order them paid. In addition, the wage theft coordinator shall make a determination as to penalties that may be warranted in connection with the matter.
      (c)   Payments in full must be made within sixty (60) days of the date of the order. The wage theft coordinator may allow a reasonable payment plan, not to exceed six (6) months in length, to be entered into by the parties upon good cause shown.
      (d)   Additionally, the wage theft coordinator shall periodically publish a list of the employers with current unpaid balances, and the amount of the unpaid balance.
      (e)   A final decision by the wage theft coordinator may be appealed within 30 days of such final decision to the Board of Labor Standards, for adjudication pursuant to the procedures established for the adjudication of complaints pursuant to subsection 17-107(7) of the Code (Contractors: Labor-Management Relationships; Board of Labor Standards) 1365 and any regulations established by the Board concerning procedures specific to claims under this Chapter.
      (f)   The determination of the wage theft coordinator as well as the complaint, answer, investigatory notes, and documents received shall be made available to any party for use in any appeal under subsection (e), above or further litigation of the matter.

 

Notes

1361
   Amended, Bill No. 171113 (approved March 6, 2018).
1362
   Amended, Bill No. 171113 (approved March 6, 2018).
1363
   Subsection (4)(e) deleted, Bill No. 171113 (approved March 6, 2018).
1364
   Amended, Bill No. 171113 (approved March 6, 2018).
1365
   Enrolled bill provided an incorrect caption for Section 17-107(7); corrected by Code editor.
§ 9-4304. Retaliation Prohibited.
   An employer shall not take retaliatory personnel action or discriminate against an employee because the employee has exercised rights protected under this Chapter. The wage theft coordinator may keep a complainant's name confidential until the validity of a complaint can be verified if the complainant alleges that there is a substantial risk of retaliation by the employer.
§ 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. 1366
   (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

1366
   Amended, Bill No. 171113 (approved March 6, 2018).
§ 9-4306. Joint and Several Liability. 1367
   In an action brought under this Chapter, two or more respondents may be held as jointly and severally liable for any amount payable to the complainant; however, the total amount the complainant may receive from jointly and severally liable respondents shall not exceed the total amount for which respondents are jointly and severally liable.

 

Notes

1367
   Amended, Bill No. 171113 (approved March 6, 2018).
§ 9-4307. Penalties for Wage Theft. 1368
   (1)   Penalties for each violation of this Chapter may be imposed to the full extent allowed by the Home Rule Act, 53 P.S. § 13131. The maximum allowable penalties shall be imposed if the violation is wanton and willful.
   (2)   Any person who makes or causes to be made any false entry or false statement of fact in any complaint, answer, report, account, record or other document submitted to the wage theft coordinator, or who shall willfully mutilate, alter or by any other means falsify any documentary evidence, may be fined up to two thousand dollars ($2,000).

 

Notes

1368
   Amended, Bill No. 171113 (approved March 6, 2018).
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