Remedies
San Diego Municipal Code § 39.0112
in effect§39.0112 Remedies
(a) Any person claiming harm from a violation of this Division, including the City and an Employee, may bring a cause of action against an Employer in a court of competent jurisdiction to enforce the provisions of this Division, without exhausting the administrative remedies set forth in this Division. Submitting a complaint to the Enforcement Office is neither a prerequisite to nor a bar to bringing a civil action in a court of competent jurisdiction.
(b) Any person claiming harm from a violation of this Division, including an Employee and the City, is entitled to all legal and equitable relief to remedy any violation of this Division, including, but not limited to, the payment to an Employee of back wages withheld in violation of this Division; damages for an Employer’s denial of the use of accrued Earned Sick Leave in violation of this Division, payable to an Employee; reinstatement of employment or other injunctive relief; reasonable attorneys’ fees and costs to any plaintiff who prevails in an action to enforce this Division; and payment of liquidated damages to an Employee equal to double back wages withheld, except as otherwise provided in this subsection. When an Employer engages in Retaliation against an Employee, the Employer 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, and the greater of double back wages or $3,000 when an Employee is terminated from employment for exercising any right provided by this Division. Violations of this Division are declared to irreparably harm the public and covered Employees generally.
(c) Any Employer who violates any requirement of this Division is also 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 this subsection. Each and every day that an Employer fails to pay an Employee Minimum Wage or fails to provide an Employee with Earned Sick Leave constitutes a separate and distinct violation. Any Employer who fails to comply with the notice and posting requirements of this Division is subject to a civil penalty of $500 for each Employee who was not given appropriate notice pursuant to that section, up to a maximum of $2,000. Any Employer who engages in Retaliation against an Employee for exercising any right provided by this Division is subject to a civil penalty of no less than $1,000, but no more than $3,000 per violation. The cumulative civil penalties that may be assessed against an Employer, who has not previously violated any provision of this Division and who violates the Minimum Wage provisions, are limited to $10,000. The cumulative civil penalties that may be assessed against an Employer, who has not previously violated any provision of this Division and who violates the Earned Sick Leave provisions, are limited to $10,000. An Employer is deemed to have violated a provision of this Division upon issuance of (1) a Notice of Satisfaction, (2) Administrative Enforcement Order, or (3) final judgment of a court of competent jurisdiction, with a finding of a violation. The minimum and maximum civil penalties under this subsection must be increased cumulatively by fifty percent for each subsequent violation of the same provision in this Division by the same Employer or other person 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.
(d) Notwithstanding section 12.0201 of this Code, violations of this Division may not be prosecuted as a misdemeanor or infraction.
(e) This Division does not create any right of action or cause of action for damages against the City in its enforcement of this Division.
(f) This section is not intended to supersede any applicable, current or future state or local law, rule, regulation, or approved memoranda of understanding binding on the City, as a public agency employer, and its Employees.
(g) If an Employer ceases its business operations, sells out, exchanges, or otherwise disposes of the Employer’s business, then any person who becomes a successor to the business will be liable for the unpaid amount of the remedies as defined in the Notice and Order if, at the time of the conveyance of the business, the successor has actual or constructive knowledge of the fact and amount of the Notice and Order.
(“Implementation, Enforcement, and Remedies” added 2-8-2016 by O-20604 N.S.; effective 7-11-2016.)
(Retitled from “Implementation, Enforcement, and Remedies” to “Remedies” and amended 8-3-2016 by O-20706 N.S.; effective 9-2-2016.)
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/Ch03Art09Division01.pdf#page=11Fetched: 10/28/2026