§ 40.960 — Enforcement

40.960. - Enforcement.

(a) Authority. The director has broad authority to implement, administer, and enforce this article. The director shall have broad authority to investigate possible violations of this article whenever there is cause to believe that any violation of this article has occurred, either on the basis of a report of a suspected violation or on the basis of any other credible information, including violations found during the course of an investigation. (b) The director, together with the community planning and economic development department's business licensing division, shall develop and implement an outreach program to educate covered enterprises and employees about their rights and responsibilities under this article. (c) The director may, upon any credible information that a violation may have occurred or is about to occur, which may but need not include a report of violation described in subsection (d), promptly provide education to the covered enterprise with the purpose of preventing or promptly remediating any violation or potential violation. If such educational efforts are sufficient to prevent or promptly remediate any potential violation, and the director is provided with satisfactory information that there has been no monetary harm to laid-off employees, the matter may in the director's discretion be closed without investigation, determination of violation, or relief or administrative fines being ordered. (d) Report of violations. An employee or other person may report to the department any suspected violation of this article. A report of a suspected violation may be filed only if the matter complained of occurred after the effective date of this article and within three hundred sixty-five (365) days prior to the filing of the report. (e) Enforcement process. The department shall enforce this article pursuant to Chapter 40, Article II, sections 40.120 through 40.160, which are incorporated herein by reference, except for subsections 40.120(a) and (d). (f) Relief and administrative fines. If an employer is found to have violated this article, the director shall order the employer to cease and desist from engaging in the violative practice and may order any appropriate relief, including but not limited to: (1) Reinstatement. (2) Compensatory damages to the laid-off employee in the amount of the lost wages and benefits suffered by the laid-off employee, or one thousand dollars ($1,000.00), whichever is greater. The compensatory damages available shall be reduced by the wages and benefits actually earned by the laid-off employee in alternative employment during the same time period. (3) A penalty of up to one thousand dollars ($1,000.00) payable to each laid-off employee who has suffered damage due to a violation. (4) Payment to the department of a civil fine of up to one thousand dollars ($1,000.00) for each violation of this article. Each laid-off employee who was not offered employment as required by this article constitutes a separate violation. (5) Payment to the department of a civil fine of not less than seven hundred dollars ($700.00) nor more than three thousand dollars ($3,000.00) for each violation of section 40.940. This fine shall be in addition to payment to the employee of compensatory damages for the retaliatory conduct in the amount of the employee's lost wages, up to one thousand dollars ($1,000.00). (6) Reimbursement of the department for reasonable costs of investigation expended in enforcing this article, unless the payment of costs would impose an extreme financial hardship on the employer, in which case the director may order the payment of a percentage of costs expended which will not cause extreme financial hardship. In determining the amount of the costs to be reimbursed, the size of the employer and the gravity of the violation shall be considered. (7) An employer that is subject to the licensing power of the city may be referred to the city department issuing the license and may be subject to adverse action as otherwise provided by the licensing provisions of this Code. (Ord. No. 2021-012, § 1, 3-12-21)