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Ord 2016-010
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Ord 2016-010
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Last modified
7/18/2017 10:25:22 AM
Creation date
10/17/2016 9:35:58 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
9/19/2016
Retention
PERM
Supplemental fields
File Title
16-420
Project Number
16-420
Document Relationships
_CC Agenda 2016 0919 CS + RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0919
8G Consent 2016 0919
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0919
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this Chapter or to assist him or her in asserting such rights. Protections of this Chapter shall <br />apply to any person who mistakenly, but in good faith, alleges noncompliance with this Chapter. <br />Taking adverse action against a person within 90 days of the person's exercise of rights protected <br />under this Chapter shall raise a rebuttable presumption of having done so in retaliation for the <br />exercise of such rights. Failure to comply with this provision shall render the Employer subject <br />to administrative citation, pursuant to Section 900, Subsection A, 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 for <br />such purposes. Any administrative procedures promulgated by the Department shall have the <br />force and effect of law and may be relied on by Employers, Employees and other parties to <br />determine their rights and responsibilities under this Chapter. Any administrative procedures <br />may establish procedures for ensuring fair, efficient and cost-effective implementation of this <br />Chapter, including supplementary procedures for helping to inform Employees of their rights <br />under this Chapter, for monitoring Employer compliance with this Chapter, and for providing <br />administrative hearings to determine whether an Employer or other person has violated the <br />requirements of this Chapter. <br />B. Reporting Violations. An Employee or any other person may report to the Department in <br />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 reporting <br />the violation. Provided, however, that with the authorization of such person, the Department may <br />disclose his or her name and identifying information as necessary to enforce this Chapter or other <br />employee protection laws. In order to further encourage reporting by Employees, if the <br />Department notifies an Employer that the Department is investigating a complaint, the <br />Department shall require the Employer to post or otherwise notify its Employees that the <br />Department is conducting an investigation, using a form provided by the Department. Failure to <br />post such notice shall render the Employer subject to administrative citation, pursuant to Section <br />900, Subsection A, of this Chapter. <br />C. Investigation. The Department shall be responsible for investigating any possible <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, in a timely manner. <br />4-35-900 Enforcement <br />A. Where prompt compliance is not forthcoming, the City and the Department shall take any <br />appropriate enforcement action to secure compliance, including but not limited to the following: <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 />ORDINANCE NO. 2016-010 4 <br />
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