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Chapter 2.28 LIVING WAGE ORDINANCE Page 7 of 7 A. An employee claiming violation of this article may bring an action in the Municipal Court or Superior Court of the State of California, as appropriate, against an employer and may be awarded: 1. For failure to pay the living wage, back pay for each day during which the violation continued; 2. For any violation of this chapter, including retaliation for exercising rights provided hereunder, the Court may award any appropriate remedy at law or equity, including but not limited to reinstatement, compensatory damages and punitive damages. B. The Court shall award reasonable attorney's fees and costs to an employee who prevails in any such enforcement action. C. Notwithstanding any provision of this code or any other ordinance to the contrary, no criminal penalties shall attach for any violation of this article. D. No remedy set forth in this chapter is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce any rights hereunder in a court of law. This chapter shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. (Ord. 12050 § 15, 1998) 2.28.160 Collective bargaining agreement supersession. All of the provisions of this chapter, or any part hereof, may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in such agreement in clear and unambiguous terms. (Ord. 12050 § 16, 1998) 2.28.170 Expenditures covered by this article. This chapter shall apply to the expenditure whether through aid to financial assistance recipients, service contracts let by its financial assistance recipients of funds entirely within the city's control and to other funds, such as federal or state grant funds, where the application of this chapter is consonant with the laws authorizing the city to expend such other funds. (Ord. 12050 § 17, 1998) 2.28.180 Ordinance applicable to new contracts and city financial assistance. The provisions of this chapter shall apply to (a) a contract entered into and financial assistance provided after the effective date of the ordinance codified in this chapter; (b) a contract amendment consummated after the effective date of the ordinance codified in this chapter which itself meets the financial threshold requirement of this chapter and (c) supplemental financial assistance provided for after the effective date of this chapter which itself meets the requirements of this chapter. (Ord. 12050 § 18, 1998) 2.28.190 Implementing regulations. All implementing rules, regulations, and procedures promulgated by the City Manager or his designee shall be presented to the City Council for approval within sixty (60) days of adoption of the ordinance codified in this chapter. (Ord. 12050 § 19, 1998) « previous ~ next » http://bpc.iser~~er.net/codes/oakland/ DATA/TITLE02/Chapter_2_28_LIVING_WAGE ... 11/21/2006