(a) Implementation. The Agency shall be authorized to coordinate implementation and enforcement of this Article 71 and may promulgate appropriate rules for such purposes. Any rules promulgated by the Agency shall have the force and effect of law and may be relied on by employers, employees, and other persons to determine their rights and responsibilities under this Article. Any rules may establish procedures for ensuring fair, efficient, and cost-effective implementation of this Article, including supplementary procedures for helping to inform employees of their rights under this Article, for monitoring contractor, subcontractor, and awarding authority compliance with this Article, and for providing administrative hearings to determine whether a contractor, subcontractor, awarding authority, or other person has violated the requirements of this Article.
(b) Administrative Enforcement.
(1) The Agency is authorized to take appropriate steps to enforce this Article 71. The Agency may investigate any possible violations of this Article by an awarding authority, a successor contractor, or a successor contractor’s subcontractor. Where the Agency has reason to believe that a violation has occurred, it may order any appropriate temporary or interim relief to mitigate the violation or maintain the status quo pending completion of a full investigation or hearing.
(2) Where the Agency determines that a violation has occurred, it may issue a determination of violation and order any appropriate relief including, but not limited to, back pay, including the value of benefits, for each day during which the violation continues, which shall be calculated at a rate of compensation not less than the higher of:
(i) The average regular rate of pay received by the employee during the last three years of the employee’s employment in the same occupation classification; or
(ii) The final regular rate received by the employee.
(3) Where the Agency determines that a violation has occurred, it may also authorize the payment of an additional sum as an administrative penalty to each employee or person whose rights under this Article 71 were violated. If any backpay is ordered, the dollar amount of the backpay multiplied by three, or $250, whichever amount is greater, shall be included in the administrative penalty paid to the employee. In addition, if a violation of this Article 71 resulted in other harm to the employee or any other person, or otherwise violated the rights of employees or other persons, this administrative penalty shall also include $50 to each employee or person whose rights under this Article were violated for each day or portion thereof that the violation occurred or continued.
(4) Where prompt compliance is not forthcoming, the Agency may take any appropriate enforcement action to secure compliance, including initiating a civil action pursuant to Section 71.3(c) and/or, except where prohibited by State or Federal law, requesting that City agencies or departments revoke or suspend any registration certificates, permits, or licenses held or requested by the violator until such time as the violation is remedied. In order to compensate the City for the costs of investigating and remedying the violation, the Agency may also order the violator to pay to the City a sum of not more than $50 for each day or portion thereof and for each employee or person as to whom the violation occurred or continued. Such funds shall be allocated to the Agency and used to offset the costs of implementing and enforcing this ordinance.
(5) An employee or other person may report to the Agency any suspected violation of this Article 71. The Agency shall encourage reporting pursuant to this subsection (b)(5) by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the employee or person reporting the violation; provided, however, that with the authorization of such person, the Agency may disclose their name and identifying information as necessary to enforce this Article or for other appropriate purposes.
(6) The remedies and penalties provided under subsections (b)(2) through (b)(4) are cumulative.
(7) The determination of violation shall provide notice of the right to appeal the determination to the Controller, and that failure to do so within 15 days shall result in the determination becoming a final administrative decision.
(8) The determination of violation shall specify a reasonable time period for payment of any relief ordered. The Agency may award interest on all amounts due and unpaid at the expiration of such time period at the rate of interest specified in subdivision (b) of Section 3289 of the California Civil Code, as may be amended from time to time.
(9) The Agency may require that remedies and penalties due and owing to a person whose rights under this Article 71 were violated to be paid directly to the City for disbursement to the person. The Controller shall hold these funds in escrow for the person. The Agency shall make best efforts to distribute such funds. In the event such funds are unclaimed for a period of three years, the Controller may undertake administrative procedures for escheat of unclaimed funds under California Government Code Sections 50050 et seq., as may be amended from time to time. Subject to the budgetary and fiscal provisions of the Charter, such escheated funds shall be dedicated to the enforcement of this Article 71 or other laws the Agency enforces.
(c) Civil Enforcement.
(1) The City Attorney or an employee who has been discharged in violation of this Article 71 by a successor contractor or its subcontractor may bring an action in the Superior Court of the State of California against the successor contractor and, where applicable, the successor contractor’s subcontractor, and an employee may be awarded back pay, including the value of benefits, for each day during which the violation continues, which shall be calculated at a rate of compensation not less than the higher of:
(A) The average regular rate of pay received by the employee during the last three years of the employee’s employment in the same occupation classification; or
(B) The final regular rate received by the employee.
(2) The City Attorney or an employee may bring an action in Superior Court of the State of California against the awarding authority, for an injunction requiring the awarding authority to satisfy its obligations under this Article 71.
(3) If the City Attorney or the employee is the prevailing party in any such legal action, the Court shall award reasonable attorneys’ fees and costs as part of the costs recoverable.
(d) Interest. In any administrative or civil action brought under this Article 71, the Agency or court, as the case may be, shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the California Civil Code, as amended from time to time.