Enforcement and Remedies
San Diego Municipal Code § 22.4230
in effect§22.4230 Enforcement and Remedies
(a) A covered employee claiming a violation of this Division may file an action against a covered employer in a court of competent jurisdiction within three years after discovery of the alleged violation.
(b) The court may award the following monetary damages to a covered employee who proves a violation of this Division:
(1) For failure to pay the required hourly wage on applicable service contracts or financial assistance agreements, the difference between the hourly wage required by this Division and the amount actually paid to the covered employee, plus interest, and penalties for willful violations.
(2) For failure to pay the health benefits rate on applicable service contracts or financial assistance agreements, the difference between the health benefits rate required by this Division and the amount actually paid towards the health benefits rate for the covered employee, plus interest, and penalties for willful violations.
(3) For retaliation for exercise of any rights provided for under this Division, reinstatement, back pay, or any other relief that a court may deem appropriate.
(4) For a willful violation of this Division, a penalty of up to three times the amount of damages awarded pursuant to section 22.4230(b)(1) and/or (b)(2).
(5) Reasonable attorneys’ fees and costs to a covered employee who prevails in any such private action.
(c) The court may award reasonable attorneys’ fees to a covered employer who prevails if the covered employee’s suit is found to be frivolous.
(d) A covered employer shall not:
(1) Retaliate against a covered employee who alleges non-compliance with this Division or cooperates with an investigation regarding compliance with this Division. Retaliation includes but is not limited to unfair immigration-related practices, or any other discriminatory practice that violates federal or state law; or
(2) Discharge, reduce in compensation, or otherwise discriminate against any covered employee for complaining with regard to the covered employer’s practices with respect to this Division, for opposing any practice proscribed by this Division, for participating in proceedings related to this Division, for seeking to enforce his or her rights under this Division by any lawful means, or for otherwise asserting rights under this Division.
(e) A covered employee claiming a violation of the Division may file a complaint with the Enforcement Office. The Enforcement Office shall investigate and address any alleged violation of this Division’s requirements, and shall convey the results of the investigation to the complainant within sixty days, with reasonable thirty-day extensions. However, the Enforcement Office’s failure to investigate an alleged violation or otherwise enforce any of the provisions of this Division does not create any right of action to recover damages from the City by any person, including an aggrieved covered employee.
(f) Whether based upon a complaint or otherwise, where the Enforcement Office has determined that a covered employer has violated this Division, the Enforcement Office shall issue a written notice to the covered employer that the violation is to be corrected within thirty days. If the covered employer does not demonstrate to the Enforcement Office within such period that it has substantially cured any material violation, the Enforcement Office shall take one or more of the following enforcement actions:
(1) Declare a material breach of the service contract or financial assistance agreement and exercise the City’s contractual remedies, which are to include, but not be limited to, suspension or termination of the service contract or financial assistance agreement and the return of monies paid by the City for services not yet rendered.
(2) Institute proceedings under Chapter 2, Article 2, Division 8 to debar the covered employer from future City contracts for three years or until all penalties or restitution have been fully paid, whichever occurs last.
(3) Request a determination of non-responsibility under Chapter 2, Article 2, Division 30.
(4) Request that the City Attorney bring a civil action against the covered employer seeking any legal remedies, including but not limited to:
(A) Where applicable, payment to the covered employee of all unpaid wages or health benefits prescribed by this Division, plus interest;
(B) A fine payable to the City in the amount of up to one hundred dollars ($100) per covered employee for each violation for each day the violation remains uncured; and
(C) The City’s administrative costs.
(5) Refer violations of this Division to appropriate local, state, and/or federal agencies and authorities.
(g) If a covered employer is determined by the Enforcement Office to have violated this Division two or more times in a two-year period, the Enforcement Office shall take enforcement action under section 22.4230(f), even if the covered employer has substantially cured any material violations.
(h) A violation of this Division is not subject to prosecution as a misdemeanor or infraction, notwithstanding any other provision of this Code.
(i) This Division is not to be construed to limit a covered employee’s right to bring legal action for a violation of any other laws concerning wages, hours, or other standards or rights ,nor is exhaustion of remedies under this Division a prerequisite to the assertion of any other such right.
(“Enforcement” added 6-6-2005 by O-19386 N.S.)
(Amended 11-24-08 by O-19809 N.S; effective 12-24-2008.)
(Retitled to “Enforcement and Remedies” and amended 2-26-2014 by O-20352 N.S.; effective 3-28-2014.)
(Amended 10-8-2025 by O-22004 N.S.; effective 7-1-2026.)
(Amended 7-20-2026 by O-22127 N.S.; effective 8-19-2026.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter02/Ch02Art02Division42.pdf#page=10Fetched: 10/28/2026