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File Number: 16-379 <br />violations of this Chapter by an Employer or other person. The Department shall have the <br />authority to inspect workplaces, interview persons and request the City Attorney to subpoena <br />books, papers, records, or other items relevant to the enforcement of this Chapter. <br />D. Informal Resolution. The Department shall make every effort to resolve complaints <br />informally and in a timely manner. <br />4-35-900 Enforcement <br />A. Where prompt compliance is not forthcoming, the City and the Department shall take <br />any appropriate enforcement action to secure compliance, including but not limited to the <br />following: <br />1. The City may issue an Administrative Citation in accordance with the procedures <br />provided in Chapter 1-12 of the San Leandro Municipal Code. The amount of the fine for each <br />Administrative Citation issued shall vary based on the provision of this Chapter being violated, <br />as specified below: <br />a. A fine of five hundred dollars($500.00) may be assessed for retaliation by an <br />Employer against an Employee for exercising rights protected under this Chapter for each <br />Employee retaliated against. <br />b. A fine of two hundred fifty dollars ($250.00) may be assessed for any of the <br />following violations of this Chapter: <br />i. Failure to post notice of the Minimum Wage rate <br />ii. Failure to provide notice of investigation to Employee <br />iii. Failure to maintain payroll records for four years <br />iv. Failure to allow the City access to payroll records <br />c. A fine equal to the total amount of appropriate remedies, pursuant to subsection <br />E of this section. Any and all money collected in this way that is the rightful property of an <br />Employee, such as back wages, interest, and civil penalty payments, shall be disbursed by <br />the City in a prompt manner. <br />2. Alternatively, the City may pursue administrative remedies in accordance with the <br />following procedures: <br /> a. Whenever the City determines that a violation of any provision of this Chapter is <br />occurring or has occurred, the City may issue a written compliance order to the Employer <br />responsible for the violation. <br />b. A compliance order issued pursuant to this Chapter shall contain the following <br />information: <br />i. The date and location of the violation; <br />ii. A description of the violation; <br />iii. The actions required to correct the violation; <br />iv. The time period after which administrative penalties will begin to accrue if <br />compliance with the order has not been achieved; <br />v. Either a copy of this Chapter or an explanation of the consequences of <br />noncompliance with this Chapter and a description of the hearing procedure and appeal <br />process; <br />vi. A warning that the compliance order shall become final unless a written <br />request for hearing before the City is received within seven calendar days of receipt of the <br />compliance order. <br />c. Following receipt of a timely request for a hearing, the City shall provide the <br />Employer responsible for the violation with a hearing. During the pendency of the hearing and <br />any subsequent appellate process, the City will not enforce any aspect of the compliance <br />order. <br />Page 5 City of San Leandro Printed on 7/13/2016 <br />397