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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.
(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any such litigation, that complainant employee's complaint of wage theft to the wage theft coordinator shall be deemed withdrawn with respect to any respondent employer named as a defendant in such court action.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). |
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). |
(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). |
(1) The City, by and through its officials, boards and commissions, may deny, suspend or revoke any license or permit issued or pending, if, during the 3 year period prior to the date of denial, suspension or revocation, the applicant or licensee admitted guilt or liability or has been found guilty, liable or responsible of committing a violation of this Chapter. 1369
(2) Any license or permit issued by the City, its boards or commissions, may be revoked or suspended if the applicant, licensee or permittee is a person who was subject to a final judgment or other decision for violation of any of the laws set forth in subsection (1) above within 3 years prior to the effective date of this Ordinance, and the judgment was not satisfied within the lawful period for doing same, or the expiration of the period for filing an appeal; or if an appeal is made, the date of the final resolution of that appeal and any subsequent appeal resulting in a final administrative or judicial affirmation of violation of any of the laws set forth in subsection (1) above.
(3) The period of non-issuance, suspension, revocation or non-renewal shall be up to 1 year, based on the severity of the violation, and the licensee or permittee or the person who is the principal of a license or permit shall not again be licensed or permitted in any other manner during such period. 1370
(4) Appeals of license suspensions, revocations or denials pursuant to this Chapter are governed by Section 9-103 of this Title, and any other rules and regulations established by the City, provided, however, that an appeal of a final determination of the wage coordinator pursuant to this Chapter regarding the substance of a wage theft complaint shall be brought pursuant to the requirements of subsection 9-4303(5)(e). 1371
(5) An applicant for a commercial activity license or any other license or permit related to a business enterprise, shall be provided with a copy of this Chapter. All applicants shall certify that the applicant has not been found guilty, liable or responsible, in any judicial or administrative proceeding, of committing or attempting to commit a violation of any of the laws set forth in subsection (1) above within the past three (3) years. This provision shall apply to all persons or entities whose final administrative decision or adjudication or judicial judgment or conviction was entered on or after the effective date of this Chapter, with the exception of judgments that remain unsatisfied as set forth in subsection (2) above.
(6) Application of this Ordinance is subject to applicable state or federal laws.
Notes
1369 | Amended, Bill No. 171113 (approved March 6, 2018). |
1370 | Amended, Bill No. 171113 (approved March 6, 2018). |
1371 | Amended, Bill No. 171113 (approved March 6, 2018). |
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