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(1) It shall be unlawful for a hiring entity or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right set forth in this Chapter.
(2) The minimum requirements of Section 9-4503 ("Minimum Protections") shall be deemed incorporated into any contract, whether actual or implied, between the hiring entity and the domestic worker.
(3) A material breach by a hiring entity of a contract with a domestic worker shall constitute a violation of this Chapter, without regard to whether the breach is of a provision required by this Chapter.
(4) No hiring entity or any other person shall take or threaten retaliatory action against any person because a domestic worker has exercised rights or pursued a claim of violation under this Chapter. Such rights include the right to use break and leave time pursuant to this Chapter; the right to demand compliance with protections established by contract; the right to file a complaint or inform any person about a hiring entity's alleged violation of this Chapter; the right to cooperate with the Enforcement Agency in any investigation pursuant to this Chapter; and the right to inform any person of the rights established under this Chapter.
(5) Retaliatory action includes communicating to a person the willingness or intent to contact a government agency regarding the suspected citizenship or immigration status of a domestic worker or family member of a domestic worker because the worker has or has expressed an intent to exercise rights protected under this Chapter or because of a belief the worker may do so.
(6) The protections of this Section 9-4505 shall apply to any person who mistakenly but in good faith alleges a violation of this Chapter.
(1) The Enforcement Agency is authorized to coordinate implementation, administration, and enforcement of this Chapter and shall promulgate appropriate guidelines or regulations for such purposes. Regulations of the Agency concerning minimum protections may establish different minimum protections for different types of work and may include terms that apply only in the event of a lack of a written contract.
(1) Joint Liability. More than one person or entity may have an employment relationship with a domestic worker in connection with the same work. Individuals and entities with an overlapping employment relationship with a domestic worker are subject to joint and several liability, and concurrent fines and penalties, in connection with violations of this Chapter.
(2) A domestic worker or other person representing a Domestic Worker may report to the Agency any suspected violation of this Chapter.
(3) The Agency is authorized to take such steps as it deems appropriate to resolve complaints and enforce this Chapter, including, but not limited to, establishing a system to receive complaints regarding non-compliance with this Chapter, investigating alleged violations in a timely manner and resolving complaints through mediation.
(4) The Agency shall have the power to subpoena records and testimony from any party to a complaint. Such records shall be provided to the Agency within thirty (30) days after receipt of the subpoena.
(5) Any person alleging a violation of this Chapter shall file a complaint with the Agency within two years of the date the person knew or should have known of the alleged violation.
(6) Upon establishment of a system of administrative adjudication, the Agency shall have the power to impose penalties and fines for violation of this Chapter and to provide or obtain appropriate relief. Remedies may include reinstatement and full restitution to the domestic worker for lost wages and benefits, including presumed damages to be awarded to a domestic worker for the hiring entity's violation of this Chapter. The Agency shall also fix by regulation an amount of presumed damages.
(8) Any domestic worker aggrieved by a violation of this Chapter, any entity a member of which is aggrieved by a violation of this Chapter, or the City may bring a civil action in a court of competent jurisdiction against a hiring entity violating this Chapter. Nothing in this Chapter or its implementing regulations shall be construed to require a complaint to be filed with the Agency before bringing an action in court. Upon prevailing in an action brought pursuant to this Section, an aggrieved person shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation, that is not duplicative of any relief provided to the person in administrative proceedings, including, without limitation, reinstatement in employment, back pay and injunctive relief. The aggrieved person shall be entitled to an award of reasonable attorney's fees and cost.
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