Laserfiche WebLink
File Number: 16-379 <br />adequate records documenting wages paid or does not allow the City reasonable access to <br />such records, the Employee’s account of how much he or she was paid shall be presumed to <br />be accurate, absent clear and convincing evidence otherwise. Furthermore, failure to maintain <br />such records or to allow the City reasonable access shall render the Employer subject to <br />administrative citation, pursuant to Section 900, Subsection A, of this Chapter. <br />D. If a violation of this Chapter has been finally determined, the City shall require the <br />Employer to post public notice of the Employer's failure to comply in a form determined by the <br />City. Failure to post such notice shall render the Employer subject to administrative citation, <br />pursuant to Section 900, Subsection A, of this Chapter. <br />4-35-700 Retaliation Prohibited. <br />It shall be unlawful for an Employer or any other party to discriminate in any manner or take <br />any adverse action, including action relating to any term, condition or privilege of employment, <br />against any person in retaliation for exercising rights protected under this Chapter. Rights <br />protected under this Chapter include, but are not limited to: the right to file a complaint or <br />inform any person about any party's alleged noncompliance with this Chapter; and the right to <br />inform any person of his or her potential rights under this Chapter or otherwise educate any <br />person about this Chapter or to assist him or her in asserting such rights. Protections of this <br />Chapter shall apply to any person who mistakenly, but in good faith, alleges noncompliance <br />with this Chapter. Taking adverse action against a person within 90 days of the person's <br />exercise of rights protected under this Chapter shall raise a rebuttable presumption of having <br />done so in retaliation for the exercise of such rights. Failure to comply with this provision shall <br />render the Employer subject to administrative citation, pursuant to Section 900, Subsection A, <br />of this Chapter. <br />4-35-800 Implementation <br />A. Administrative Procedures. The Department is authorized to coordinate implementation <br />and enforcement of this Chapter and may promulgate appropriate administrative procedures <br />for such purposes. Any administrative procedures promulgated by the Department shall have <br />the force and effect of law and may be relied on by Employers, Employees and other parties <br />to determine their rights and responsibilities under this Chapter. Any administrative <br />procedures may establish procedures for ensuring fair, efficient and cost-effective <br />implementation of this Chapter, including supplementary procedures for helping to inform <br />Employees of their rights under this Chapter, for monitoring Employer compliance with this <br />Chapter, and for providing administrative hearings to determine whether an Employer or other <br />person has violated the requirements of this Chapter. <br />B. Reporting Violations. An Employee or any other person may report to the Department <br />in writing any suspected violation of this Chapter. The Department shall encourage reporting <br />pursuant to this subsection by keeping confidential, to the maximum extent permitted by <br />applicable laws, the name and other identifying information of the Employee or person <br />reporting the violation. Provided, however, that with the consent of such person or his or her <br />legal guardian, the Department may disclose his or her name and identifying information as <br />necessary to enforce this Chapter or other employee protection laws. In order to further <br />encourage reporting by Employees, if the Department notifies an Employer that the <br />Department is investigating a complaint, the Department shall require the Employer to post or <br />otherwise notify its Employees that the Department is conducting an investigation, using a <br />form provided by the Department. Failure to post such notice shall render the Employer <br />subject to administrative citation, pursuant to Section 900, Subsection A, of this Chapter. <br />C. Investigation. The Department shall be responsible for investigating any possible <br />Page 4 City of San Leandro Printed on 7/13/2016 <br />396