§ 9-6504 — Enforcement and Penalties

§ 9-6504. Enforcement and Penalties.

(1) The Enforcement Agency is authorized to receive, investigate, and resolve complaints regarding violations of this Chapter in accordance with the procedures set forth under Chapter 9-6600. A complaint for unlawful retaliation may be concurrently filed with a complaint under any Worker Protection Ordinance, as defined under Section 9-6601. If a worker has first filed a complaint under these Chapters, a subsequent claim for retaliation will be associated with the initial complaint. (2) Any complaint alleging a violation of this Chapter must be filed with the Enforcement Agency within three (3) years of the date the complainant knew or should have known of the alleged violation, subject to the exceptions under subsection 9-6607(5). (3) The Enforcement Agency shall have the authority to create a fast-track process for investigating complaints of unlawful retaliation, including prioritizing those complaints that allege unlawful retaliation that is severe or repeated or that causes significant physical, emotional, or financial harm. (4) The Enforcement Agency is authorized to immediately notify the employer, or any person associated with the employer, to cease and desist from acts of unlawful retaliation. (5) The Enforcement Agency is authorized to administratively adjudicate potential violations of this Chapter and shall have the power to seek penalties and fines for any violation of this Chapter pursuant to subsection (5)(a), below, and to provide or obtain appropriate relief. Remedies may include reinstatement and full restitution to the worker for lost wages and benefits, compensation for physical or emotional harm, restoration of hours, or other equitable and injunctive relief, including ordering that the unlawful conduct cease and desist, and liquidated damages pursuant to subsection (5)(b), below. (a) If the Enforcement Agency determines that a violation under this Chapter has occurred, the Enforcement Agency may seek a civil monetary penalty of two thousand dollars ($2,000) for each violation, payable to the City. (b) If the Enforcement Agency determines that a violation under this Chapter has occurred, the complaining worker shall be entitled to liquidated damages in a separate amount equal to the other monetary damages determined to be owed to the worker by the Enforcement Agency, payable to the worker and awarded at the time a determination is issued by the Enforcement Agency. Liquidated damages under this subsection are intended to make the worker whole and to compensate the worker for collateral harms suffered because of the violation and for the worker’s time and effort enforcing the rights afforded to the worker under this Chapter. (6) The Enforcement Agency or the City Solicitor may elect to enforce violations of this Chapter by filing a judicial action in a court of competent jurisdiction. Upon finding a violation, the court may award appropriate relief and impose the penalties and liquidated damages set forth in subsection (5), above. (7) Private Right of Action. Any worker aggrieved by a violation of this Chapter or any entity a member of which is aggrieved by a violation of this Chapter may bring a civil action in a court of competent jurisdiction against a person violating this Chapter. The limitations period for a civil action brought pursuant to this Section shall be three (3) years from the date the complainant knew or should have known of the alleged violation, subject to the exceptions under subsection 9-6602(6) and subsection 9-6607(5). Nothing in this Chapter or its implementing regulations shall be construed to require a complaint to be filed with the Enforcement Agency before bringing an action in court. Before a civil action for damages under this Chapter may be initiated, the person violating this Chapter must be put on notice of the alleged violation and provided fifteen (15) days to remedy the harm. Such notice shall be provided in writing by a worker, their representative, or any entity a member of which is allegedly aggrieved by a violation of this Chapter. This 15-day waiting period provision shall not apply to claims involving willful misconduct or retaliation. Upon prevailing in an action brought pursuant to this Section, an aggrieved person shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation, that is not duplicative of any relief provided to the person in any administrative proceedings or other judicial proceedings, including, without limitation, the penalties, damages, and remedies listed in subsection (5), above, and injunctive relief. The aggrieved person shall be entitled to an award of reasonable attorney’s fees and costs.