(a) OEWD is authorized to implement Section 12.4 and, in consultation with the Agency and after seeking input and recommendations from Domestic Workers, Hiring Entities, and other community partners, may promulgate guidelines or rules for such purposes. Such guidelines or rules shall address the establishment and implementation of the portable PSL system, including platform design, onboarding, and usability for Domestic Workers and Hiring Entities; transfer of funds from Hiring Entities to Domestic Workers; and administration and cost management of the PSL system.
(b) The Agency is authorized to implement and enforce the remaining provisions of this Article 12 and may promulgate guidelines or rules for such purposes. Such guidelines or rules may address, among other things, outreach to Hiring Entities and Domestic Workers and enforcement of this Article.
(c) A Domestic Worker or any other person who has reason to believe that a violation of this Article 12 has occurred may report the suspected violation to the Agency. The Agency shall encourage reporting pursuant to this subsection (c) by keeping confidential, to the maximum extent permitted by law, the name and other identifying information of the person reporting the violation; provided, however, that with the authorization of said person, the Agency may disclose their name and identifying information as necessary to enforce this Article or for other appropriate purposes.
(d) Hiring Entities shall retain records pertaining to their compliance with this Article 12 for a period of four years and shall allow the Agency access to such records upon reasonable notice. Failure to maintain records or to allow the Agency reasonable access to such records shall result in a presumption that the Hiring Entity has violated this Article, absent clear and convincing evidence otherwise.
(e) The Agency may investigate possible violations of this Article 12. 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 dor1 hearing.
(f) Where the Agency determines that a violation has occurred following an investigation that affords due process, including notice of the alleged violation and the right to respond, the Agency may issue a determination of violation and order any appropriate relief, including but not limited to the reinstatement of a Domestic Worker, back pay, and pursuant to California Constitution Article XIIIC, Section 1(e)(5), the payment of an additional sum as an administrative penalty to each employee or person whose rights under this Article 12 were violated. If any PSL contributions were unlawfully withheld, the dollar amount of such contributions multiplied by three, or $250, whichever amount is greater, shall be included in the administrative penalty paid to a Domestic Worker. Further, the Agency may order the payment of an additional sum as an administrative penalty of $1,000 for the Hiring Entity’s first violation, $5,000 for the second violation, and $10,000 for the third and subsequent violations. For the purpose of this calculation, if multiple Domestic Workers are impacted by the same violation at the same time, the Agency shall treat the violation as a single violation rather than multiple violations. To compensate the City for the reasonable regulatory costs of investigating and remedying the violation, pursuant to California Constitution Article XIIIC, Section 1(e)(3), the Agency may also order the violating Hiring Entity to pay to the City an amount that does not exceed the Agency’s investigation and administrative enforcement costs.
(g) The Agency may not issue a determination of violation under this Article 12 for the same conduct by the same Hiring Entity subject to a determination of violation under Labor and Employment Code Article 11.
(h) The determination of violation shall provide notice to the Hiring Entity 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 enforceable as a judgment by the Superior Court. When prompt compliance with a final administrative decision is not forthcoming, the Agency may take any appropriate enforcement action to secure compliance, including requesting the City Attorney seek enforcement of the decision in Superior Court and, 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 Hiring Entity or person until such time as the violation is remedied.
(i) 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.
(j) The remedies and penalties provided under this Article 12 are cumulative.
(k) The Agency may require that remedies and penalties due and owing to Domestic Workers be paid directly to the City for disbursement to the Domestic Workers. The Controller shall hold these funds in escrow for the Domestic Workers. The Agency shall make best efforts to distribute such funds to Domestic Workers. 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 12 or other laws the Agency enforces.
CODIFICATION NOTE