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(a) The OLSE is authorized to take appropriate steps to enforce and coordinate enforcement of this Article 33J, including the investigation of possible violations of this Article.
(b) An employee or Applicant may report to the OLSE any suspected violation of this Article within 180 days of the date of the suspected violation. The OLSE shall encourage reporting pursuant to this subsection (b) by keeping confidential, to the maximum extent permitted by applicable law, the name and other identifying information of any person reporting the violation; provided, however, that with the authorization of such person, the OLSE may disclose the name and identifying information as necessary to enforce this Article.
(c) Where the OLSE determines that a violation has occurred, it may issue a determination; provided however, that for a first violation occurring any time, or for any violation occurring from July 1, 2018 through June 30, 2019, the OLSE must issue a warning and notice to correct. Starting July 1, 2019, for any subsequent violation other than a first violation (including a first violation occurring before that date), the OLSE may impose an administrative penalty of no more than $100 that the Employer must pay to the City for each employee or Applicant as to whom the violation occurred. Thereafter, for subsequent violations occurring within 12 months of that violation, the penalty may increase to no more than $200 for the second violation, and to no more than $500 for each additional violation. The penalty shall be payable to the City for each employee or Applicant whose rights were violated.
(d) Where the OLSE determines in its sole discretion that prompt compliance is not forthcoming, the OLSE may refer the action to the City Attorney, who may initiate a civil action pursuant to subsection (j).
(e) OLSE may initiate an administrative enforcement action for any suspected violation of this Article within one year of the date the suspected violation occurred.
(f) If multiple employees or Applicants are impacted by the same violation (e.g., all Applicants for a certain job opening are asked for their Salary History information on the initial application), OLSE shall have discretion to treat those violations as a single violation rather than multiple violations.
(g) By no later than the operative date of this Article, the Director of OLSE shall establish rules governing the administrative process for determining and appealing violations of this Article. The rules shall include procedures for:
(1) Providing the Employer with notice that it may have violated this Article;
(2) Providing the Employer with a right to respond to the notice;
(3) Providing the Employer with notice of the OLSE’s determination of a violation; and,
(4) Providing the Employer with an opportunity to appeal the OLSE’s determination to a hearing officer, appointed by the Controller or the Controller’s designee.
(h) If there is no appeal of OLSE’s determination of a violation, the absence of an appeal shall constitute a failure to exhaust administrative remedies, which shall serve as a complete defense to any petition or claim brought by the Employer against the City regarding OLSE’s determination of a violation.
(i) If there is an appeal of OLSE’s determination of a violation, the hearing before the hearing officer shall be conducted in a manner that satisfies the requirements of due process. In any such hearing, the OLSE’s determination of a violation shall be considered prima facie evidence of a violation. The hearing officer’s decision of the appeal shall constitute the City’s final decision. The sole means of review of the City’s final decision, rendered by the hearing officer, shall be by filing in the San Francisco Superior Court a petition for writ of mandate under Section 1094.5 of the California Code of Civil Procedure. OLSE shall notify the Employer of this right of review after issuance of the City’s final decision by the hearing officer.
(j) Civil Enforcement. Following OLSE’s referral pursuant to subsection (d), the City may bring a civil action in a court of competent jurisdiction against the Employer violating this Article, and, upon prevailing, shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation.
(k) Interest. In any administrative or civil action brought under this Article, OLSE or the 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.
(l) Remedies Cumulative. The remedies, penalties, and procedures provided under this Article are cumulative.
(m) Limitation on Actions. Civil actions to enforce this Article must be filed within one year after the date of the violation. This limitations period shall not commence until the date the violation was discovered or could reasonably have been discovered.
(n) A violation of this Article 33J shall be an infraction.
(Added by Ord. 142-17, File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018)