Remedies
San Diego Municipal Code § 312.0109
in effect§312.0109 Remedies
(a) Any person claiming a violation of this Division, including an employee or the City, may bring a cause of action against a hospitality employer in a court of competent jurisdiction to enforce this Division, without exhausting the administrative relief set forth in this Division. Submitting a complaint to the Enforcement Office is neither a prerequisite nor a bar to bringing a civil action in a court of competent jurisdiction.
(b) Any person claiming a violation of this Division, including an employee or the City, is entitled to all legal and equitable relief to remedy any violation of this Division, including:
(1) payment of back wages for unpaid minimum wage or unpaid overtime wages based on the minimum wage, to an aggrieved employee;
(2) reinstatement of employment or other injunctive relief;
(3) reasonable attorneys’ fees and costs to any plaintiff who prevails in an action to enforce this Division; and
(4) payment of liquidated damages to an employee equal to double back wages owed.
(c) Any hospitality employer that engages in retaliation against an employee is subject to liquidated damages that are the greater of double back wages or $1,000 for each violation not resulting in termination of employment, or the greater of double back wages or $3,000 when an employee is terminated from employment for exercising any right provided under this Division. Violations of this Division are declared to irreparably harm the public and employees generally.
(d) Any hospitality employer that violates any requirement of this Division 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, except as otherwise provided in section 312.0109. Each day that a hospitality employer fails to pay an employee the minimum wage constitutes a separate and distinct violation.
(e) Any hospitality employer that fails to comply with the notice and posting requirements in San Diego Municipal Code section 312.0106 is subject to a civil penalty, assessed and payable to the City, of $500 for each failure to post the required notices at the workplace or job site and for each employee who is not given the required notice pursuant to section 312.0106, up to a maximum of $2,000.
(f) Any hospitality employer that engages in retaliation against an employee is subject to a civil penalty, assessed and payable to the City, of no less than $1,000, but no more than $3,000 per violation.
(g) A hospitality employer that fails to cooperate with or respond to the Enforcement Office’s compliance review or investigation pursuant to San Diego Municipal Code section 312.0110(d) within the time specified by the Enforcement Official, including a hospitality employer’s failure to provide requested information or documentation, is subject to a civil penalty of $1,000, assessed and payable to the City, for each instance the hospitality employer fails to cooperate or comply.
(h) The cumulative civil penalties that may be assessed against a hospitality employer that has not previously violated any provision of this Division are limited to $10,000. The minimum and maximum civil penalties that may be assessed under section 312.0109 shall be increased cumulatively by 50 percent for each subsequent violation of the same section in this Division by the same hospitality employer within a three-year period. If civil penalties and costs are the subject of administrative appeal or judicial review, then the accrual of penalties and other costs is stayed until the determination of the appeal or review is final.
(i) A hospitality employer is deemed to have violated this Division upon the issuance of:
(1) a Notice of Satisfaction;
(2) an Administrative Enforcement Order; or
(3) a final judgment of a court of competent jurisdiction, with a finding of a violation.
(j) Violations of this Division may not be prosecuted as a misdemeanor or infraction.
(k) This Division does not create any right of action or cause of action for damages against the City in its enforcement of this Division.
(l) If a hospitality employer ceases its business operations, sells, exchanges, or otherwise disposes of the hospitality employer’s business, then any person who becomes a successor in interest to the hospitality employer shall be liable for any unpaid wages, damages, or penalties as defined in the Notice of Satisfaction and Administrative Enforcement Order issued by the Enforcement Office or a final judgment of a court of competent jurisdiction, with a finding of a violation, if, at the time of the conveyance of the hospitality employer, the successor in interest has actual or constructive knowledge of the fact and amount of the Notice and Order or final judgment.
(“Remedies” added 10-8-25 by O-22003 N.S.; effective 7-1-2026.)
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/MuniCodeChapter03/Ch03Art12Division01.pdf#page=8Fetched: 10/28/2026