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File Number: 16-420 <br />1.The City may issue an Administrative Citation pursuant to Chapter 1-12 of the San <br />Leandro Municipal Code. The amount of this fine shall vary based on the provision of this <br />Chapter being violated, 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 />3. The City may initiate a civil action for injunctive relief and damages and civil <br />penalties in a court of competent jurisdiction. <br />B.Any person aggrieved by a violation of this Chapter may bring a civil action in a court of <br />competent jurisdiction against the Employer or other person violating this Chapter and, upon <br />prevailing, shall be awarded reasonable attorneys' fees and costs and shall be entitled to such <br />legal or equitable relief as may be appropriate to remedy the violation including, without <br />limitation, the payment of any back wages unlawfully withheld, the payment of an additional <br />sum as a civil penalty in the amount of $25.00 to each Employee or person whose rights <br />under this Chapter were violated for each day that the violation occurred or continued, <br />reinstatement in employment and/or injunctive relief. Provided, however, that any person or <br />entity enforcing this Chapter on behalf of the public as provided for under applicable state law <br />Page 5 City of San Leandro Printed on 9/13/2016