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(a) Administrative Penalties; Citations. An administrative penalty may be assessed for a violation of the provisions of this Chapter as specified below. The penalty may be assessed by means of an administrative citation issued by the Director of the Office of Labor Standards Enforcement.
(b) Administrative Penalty Amounts. In addition to all other civil penalties provided for by law, the following violations shall be subject to administrative penalties in the amounts set forth below:
Failure to maintain payroll records or to retain payroll records for four years – Administrative Code Section 12R.5(c)
Failure to allow the Office of Labor Standards Enforcement to inspect payroll records – Administrative Code Section 12R.5(c)
Retaliation for exercising rights under Minimum Wage Ordinance – Administrative Code Section 12R.6
The Penalty for retaliation is $1,000.00 per employee.
Failure to Post notice of Minimum Wage rate – Administrative Code Section 12R.5(b)
Failure to provide notice of investigation to employees – Administrative Code Section 12R.7(b)
Failure to post notice of violation to public – Administrative Code Section 12R.7(e)
Failure to provide employer’s name, address, and telephone number in writing – Administrative Code Section 12R.5(b)
The penalty amounts shall be increased cumulatively by fifty percent (50%) for each subsequent violation of the same provision by the same employer or person within a three (3) year period. The maximum penalty amount that may be imposed by administrative citation in a calendar year for each type of violation listed above shall be $5,000 or $10,000 if a citation for retaliation is issued. In addition to the penalty amounts listed above, the Office of Labor Standards Enforcement may assess enforcement costs to cover the reasonable costs incurred in enforcing the administrative penalty, including reasonable attorneys’ fees. Enforcement costs shall not count toward the $5,000 annual maximum.
(Added by Ord. 205-06, File No. 060247, App. 7/25/2006; amended by Ord. 175-11, File No. 110594, App. 9/16/2011, Eff. 10/16/2011)