Skip to code content (skip section selection)
(b) An individual who has reason to believe that a violation of this Article 33M has occurred may report the suspected violation to the Agency or to the City’s 311 Customer Service Center online or by telephone.
(c) Covered Entities shall retain records pertaining to their compliance with this Article 33M for a period of three years and shall allow the Agency access to such records with reasonable notice. Failure to maintain records or to allow the Agency reasonable access to such records shall result in a presumption that the Covered Entity has violated this Article, absent clear and convincing evidence otherwise.
(d) The Agency may investigate potential violations and may coordinate investigation by other City officials as appropriate. 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. Where the Agency determines that a violation has occurred following an investigation, the Agency may issue a determination of violation and order any appropriate relief, including the reinstatement of a Worker, and payment of lost wages or other payments to a Worker. Further, the Agency may order the payment of an additional sum as an administrative penalty of $25 to each Worker or other person whose rights under this Article 33M were violated for each day or portion thereof that the violation occurred or continued. For any violation committed by a Covered Entity that either (a) is an On-Demand Delivery Service or (b) has 500 or more employees in any location worldwide, including at least 20 Workers, the minimum total administrative penalty for a violation shall be not less than $1,000 for the Covered 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 of the minimum penalty, if multiple 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 costs of investigating and remedying the violation, the Agency may also order the violating Covered Entity to pay to the City an amount that does not exceed the Agency’s enforcement costs. Subject to the budgetary and fiscal provisions of the Charter, such funds shall be allocated to the Agency and used to offset the costs of implementing and enforcing this Article 33M and other ordinances the Agency enforces.
(e) The determination of violation shall provide notice to the Covered 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.
(f) 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.
(g) The remedies and penalties provided under subsection (c) are cumulative and are independent of any remedies or penalties that may be imposed under other City laws or Local Health Officer Orders or Directives.
(h) The Agency may require that remedies and penalties due and owing to Workers be paid directly to the City for disbursement to the Workers. The Controller shall hold these funds in escrow for the Workers. The Agency shall make best efforts to distribute such funds to 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 33M or other laws the Agency enforces.
(Added by Ord. 39-21, File No. 201186, App. 3/26/2021, Eff. 4/26/2021)