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8 <br /> <br />The City, when enforcing on behalf of an Employee, has the authority to require that <br />payment of wages, Hazard Pay and/or penalties foun d to be due and owing to the <br />Employee, be paid directly to the City for disbursement to the Employee. The City, when <br />enforcing on the behalf of an Employee, has the authority to require that payment of all <br />amounts due under this Ordinance be paid directly to the City. The failure of an Employer <br />to pay any amounts due under this Ordinance shall constitute a debt to the City. The <br />City, as plaintiff and/or judgment creditor, may file a civil action on behalf of an Employee <br />and/or the City or, to the extent feasible under state law, create and impose a lien against <br />any property owned or operated by an Employer or other person who fails to pay wages, <br />penalties and administrative fines assessed, or pursue other legal and equitable remedies <br />available to the City. The City shall be awarded reasonable attorney's fees and costs as <br />well as costs associated with enforcing a violation under this Ordinance. <br /> <br />The remedies, penalties, and procedures provided under this Ordinance are cumulative <br />and are not intended to be exclusive of any other available remedies, penalties, and <br />procedures. <br />SEC. 13 CREDIT FOR EMPLOYER-INITIATED HAZARD PAY <br />(a) Any Covered Employer already providing a premium hourly rate to compensate <br />Covered Employees for working during the pandemic (hereinafter “employer- <br />initiated hazard pay”) shall be credited against the $5.00 per hour for the hourly <br />amount paid to each Covered Employee (e.g. A Covered Employer offering a <br />$2.00 per hour employer-initiated hazard pays an additional $3.00 per hour in <br />Hazard Pay per this Ordinance.). Such Covered Employer must demonstrate <br />that, as of the effective date of this Ordinance and in any subsequent covered <br />pay periods, all Covered Employees are receiving such employer-initiated hazard <br />pay. No Covered Employer shall be credited prospectively for any past <br />payments. No Covered Employer shall be credited for any hourly premiums <br />already owed to Covered Employees, such as but not limited to, Holiday <br />Premiums. Nothing herein shall be interpreted to prohibit any employer from <br />paying more than $5.00 per hour in Hazard Pay. <br />(b) To receive credit for employer-initiated hazard pay policies, Covered Employers <br />must offer the following showings of proof to the Department: <br />(1) A copy of the Employer’s hazard pay policy. <br />(2) A concise statement explaining Covered Employees’ hourly base wages, <br />hourly Holiday Premiums, hourly employer-initiated hazard pay, and any <br />other wage bonuses received during the last 12 months. <br />(3) Evidence that, since the effective date of the Ordinance and for so lon g as <br />this Ordinance is applicable, each and every Covered Employee has <br />received employer-initiated hazard pay. <br />(4) Evidence that allows the City to review for compliance by assessing <br />wages for the past 12 months and that is itemized in such a way that the <br />City can understand a Covered Employee’s Base Wage distinguished <br />from Holiday Premiums and other bonuses or pay increases that are <br />separate and distinct from employer-initiated hazard pay. <br />313