Sec. 17-85. Private cause of action.
   (a)   The rights afforded employees and workers for hire under the Tucson Minimum Wage Act are authorized by the Raising Arizona Minimum Wage for Working Arizonans Act, and nothing contained in this section shall be construed as requiring an aggrieved party to exhaust the municipal remedies stated herein or otherwise deprive anyone the right to take action under state law.
   (b)   To the extent allowable by law and within three (3) years after the cause of action accrued, any individual aggrieved by a violation of this article or any interested party may commence a civil action against an employer or against a hiring entity in the city court or in any court of competent jurisdiction. Upon prevailing, the aggrieved party or interested party shall be entitled to reasonable attorneys' fees, costs, as well as legal or equitable relief as may be appropriate, including payment of back wages payable to the aggrieved party, and an additional equal amount in liquidated damages payable to the aggrieved party.
   (c)   Any employment contract, written or verbal, formed between an employer and employee on or after the implementation date of this article shall include, as terms implied-in-law, the provisions of sections 17-82 and 17-83 of this article.
   (d)   The initiation of an investigation by the department shall not prevent an aggrieved party or interested party from initiating a civil action against the same employer or hiring entity, and an aggrieved party need not exhaust administrative remedies prior to initiating a civil action.
   (e)   Not less than sixty (60) days after an aggrieved party or interested party submits a complaint to the city using the form prescribed in section 17-86(d) of this article, such aggrieved party or interested party may initiate steps to file a special action against the city in a court of competent jurisdiction seeking to compel the city to promptly investigate such complaint. Prior to filing a special action, the aggrieved party or interested party shall provide notice to the city attorney of their intention to take such action. The notification to the city attorney shall allow the city thirty (30) days to: 1) resolve the complaint; 2) allow the aggrieved party's or interested party's special action to proceed; or 3) authorize the aggrieved party or interested party to proceed with an action against the alleged violator in a qui tam action on behalf of the city. Parties proceeding on behalf of the city shall bring actions for a civil infraction as described in section 17-87. Should the aggrieved party or interested party prevail, the aggrieved party or parties will be entitled to thirty (30) percent of any penalties or fines imposed against the employer or hiring entity, with the balance being remitted to the city.
(Ord. No. 11868, 8-10-21)