The Auditor’s Office will enforce this ordinance. Employees or others who believe workers have paid less than the citywide minimum wage can file a complaint with the Auditor’s Office. The Auditor’s Office also has the power to investigate wage underpayments company-wide after a complaint has been made. Beginning in 2022, the Auditor’s Office may conduct investigations outside of a complaint being filed is a valid basis exists.
The ordinance authorizes the Auditor’s Office or a third party (including an attorney) to assist with filing a complaint. Forms will be available in English and Spanish. The Auditor’s Office will also accept referrals from the State regarding suspected violations.
The ordinance authorizes a private right of action that can happen concurrently or as a standalone from any city enforcement process. A private lawsuit does not preclude a separate city-initiated enforcement action.
The ordinance requires payroll records to be maintained for 3 years. The Auditor’s Office’s is authorized to look back 3 years as part of an investigation after a credible complaint, private lawsuit or state referral.
A complaint must be filed within one year of a violation.
The ordinance allows for anonymous complaints and complaints filed by third parties.
The ordinance allows for a one-time right to remedy a first violation without penalty in the case of a good faith error.