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10A Action 2021 0301
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10A Action 2021 0301
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
3/1/2021
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1. Legal and equitable relief including but not limited to <br />reinstatement, rescission, the payment of Hazard Pay unlawfully withheld, and <br />the payment of all penalties and fines imposed pursuant to other provisions of <br />this Ordinance or State law. For retaliatory action by the Employer, the <br />Employee shall be entitled to a trebling of lost wages and penalties owed in <br />addition to reinstatement. <br /> <br />2. Interest on all due and unpaid wages at the rate of interest <br />specified in subdivision (b) of Section 3289 of the California Civil Code 9, which <br />shall accrue from the date that the wages were due and payable as provided <br />in Part 1 (commencing with Section 20010) of Division 2 of the California Labor <br />Code, to the date the wages are paid in full. <br /> <br />(b) Civil Enforcement. For any Covered Employee aggrieved by a violation of <br />this Ordinance, the City Attorney or any other person or entity acting on behalf of the <br />public as provided for under applicable state law, may bring a civil action in a court of <br />competent jurisdiction against the Covered Employer violating this Ordinance. A <br />Covered Employee or the City, upon prevailing, shall be entitled to such legal or <br />equitable relief as may be appropriate to remedy the violation including but not limited <br />to monies to be paid pursuant to this Ordinance, back pay, reinstatement, rescission, <br />and reasonable attorneys’ fees and costs. Any other person or entity enforcing this <br />Ordinance on behalf of the public as provided for under applicable state law, upon <br />prevailing, shall be entitled only to equitable, injunctive and/or restitutionary relief, and <br />reasonable attorneys' fees and costs. Nothing in this Ordinance shall be interpreted as <br />restricting, precluding, or otherwise limiting a separate or concurrent criminal <br /> <br />9 Cal Civ. Code §3289. (a) Any legal rate of interest stipulated by a contract remains chargeable after a <br />breach thereof, as before, until the contract is superseded by a verdict or other new obligation. (b) If a <br />contract entered into after January 1, 1986, does not stipulate a legal rate of interest, the obligation <br />shall bear interest at a rate of 10 percent per annum after a breach. <br />For the purposes of this subdivision, the term contract shall not include a note secured by a deed of <br />trust on real property. <br />10 Labor Code § 200. As used in this Ordinance: (a) “Wages” includes all amounts for labor performed by <br />employees of every description, whether the amount is fixed or ascertained by the standard of time, task, <br />piece, commission basis, or other method of calculation. (b) “Labor” includes labor, work, or service <br />whether rendered or performed under contract, subcontract, partnership, station plan, or other <br />agreement if the labor to be paid for is performed personally by the person demanding payment. <br /> <br /> <br />prosecution under the Municipal Code or state law. Jeopardy shall not attach as a result <br />of any administrative or civil enforcement action taken pursuant to this Ordinance. <br /> <br />SEC. 12 ADDITIONAL REMEDIES <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 found 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 City, <br />as plaintiff and/or judgment creditor, may file a civil action on behalf of an Employee
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