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(1) There shall be a rebuttable presumption of retaliation if an Employer takes an adverse employment action against a person within 90 days of the person's exercise of rights protected in this Chapter. In the case of seasonal work that ended before the close of the 90-day period, the presumption also applies if the Employer fails to rehire a former Employee at the next opportunity for work in the same position. The Employer may rebut the presumption with evidence that the adverse action was taken for a permissible purpose.
(2) This Chapter shall also apply to any employee who mistakenly, but reasonably and in good faith, alleges noncompliance with any provision of this Chapter.
(1) Procedure for Complaints. The complaint filing, complaint administration and other enforcement provisions of Chapter 9-4300 of the Code ("Wage Theft Complaints") shall apply to enforcement of this Chapter, except as otherwise inconsistent with this Chapter.
(2) Private Right of Action.
(a) An employee, upon submitting to the Department for review and receiving the Department's certification of a determination of reasonable cause to go forward, may bring an action in a Court of competent jurisdiction against the business for violations of this Chapter and, upon proving a violation, may be awarded reinstatement, backpay and other compensatory damages. An employee may seek civil penalties on behalf of the City for each day in which a violation occurs.
(b) If the employee is the prevailing party in any such legal action, the Court shall award reasonable attorney's fees and costs to the employee as part of the costs recoverable.
(c) This Section shall not be construed to limit an employee's right to bring any other applicable employment claim, including for wrongful termination, unlawful discrimination or otherwise.
(1) The Department shall have the power to seek penalties and fines for violation of this Chapter and to provide or obtain appropriate relief. Remedies may include reinstatement and full restitution to the employee for lost wages and benefits.
If any provision or application of this Chapter is declared illegal, invalid or inoperative, in whole or in part, by any court of competent jurisdiction, the remaining provisions and portions thereof and applications not declared illegal, invalid or inoperative shall remain in full force or effect. The courts are hereby authorized to reform the provisions of this Chapter in order to preserve the maximum permissible effect of each subsection herein.