§ 310.0107 — Violations

§310.0107 Violations

(a) Any employer who violates any requirement of this Division, except the notice requirements set forth in San Diego Municipal Code section 310.0106, is subject to a civil penalty, assessed and payable to the City, of no less than $500, but no more than $1,000 per violation. Each day that an employer fails to pay an employee the prevailing wage rate constitutes a separate and distinct violation of this Division. (b) Any employer who fails to comply with the notice requirements set forth in San Diego Municipal Code section 310.0106 is subject to a civil penalty, assessed and payable to the City, of $100 for each employee who was not given the required notice, up to a maximum of $2,000 for each applicable Traffic Control Permit. (c) An employer’s failure to pay their employees’ wages equivalent to the prevailing wage rate may be enforced through revocation of the applicable Traffic Control Permit by the City Manager, Enforcement Office, or designee, in accordance with the San Diego Municipal Code. (d) To enforce this Division, any aggrieved employee, the Enforcement Officer, or both, may seek payment of wages unlawfully withheld by employers, penalties for violations as described in this Division, court costs, and attorneys’ fees. (e) If an employer ceases their business operations, or sells, exchanges, transfers, or otherwise disposes of the employer’s business, then any person or entity that becomes a successor to the business is liable for any unpaid amounts owed under this Division if, at the time of the conveyance of the business, the successor has actual or constructive knowledge of the amounts owed as determined by the City. (f) This Division is not intended to limit any employee’s right to obtain relief to which the employee may be entitled under applicable laws. Exhaustion of remedies under this Division is not a prerequisite to the assertion of any right.

(“Prevailing Wage Requirement in Public Right-of-Way Permits” added 9-18-2023 by O-21723 N.S.; effective 10-18-2023.) (Retitled from “Prevailing Wage Requirement in Public Right-of-Way Permits” to “Violations” and amended 10-7-2024 by O-21876 N.S.; effective 11-6-2024.) (Amended 7-20-2026 by O-22127 N.S.; effective 8-19-2026.)