(a) A violation of this chapter by an employer or hiring entity shall be a civil infraction. No criminal liability shall attach to any violation of this article.
(b) Employers and hiring entities shall allow the city access to pay and time records of an employee and worker for hire, with appropriate notice and in a reasonable manner. Where an employer or hiring entity does not maintain such records, does not allow the city reasonable access to such records, or such records were not created contemporaneously, the account of the employee or worker for hire is presumed accurate.
(c) If a violation of this article has been finally determined, the director shall order the employer to cease and desist from engaging in the violative practice and may order any of the following additional relief: a civil penalty of up to one hundred dollars ($100.00) to be paid to the city for each employee whose rights under this article were violated for each day that the violation occurred, back pay, and an additional equal amount as liquidated damages. The city may establish procedures for appeal by employers.
(d) If a repeat violation of this article has been finally determined, except where prohibited by law, the city may revoke, suspend, or decline to renew any license provided for in chapter 19 of city code.
(e) To the extent allowable by law and within three (3) years after the cause of action accrued, the city may initiate a civil action in city court or a court of competent jurisdiction against an employer or a hiring entity.
(f) Not later than December 1, 2022, the department shall undertake a survey of low-wage workers in the city. The survey shall identify those industries in the city where minimum wage violations are most likely to occur. No later than July 1, 2023, and in following years, the department shall devote a portion of its resources to the investigation of employers and hiring entities belonging to the industries identified by the survey.
(Ord. No. 11868, 8-10-21)