8.35.070 Remedies and enforcement.
A. Statute of Limitations. The city and any person aggrieved by a violation of this chapter (or the aggrieved person’s representative) may seek remedies pursuant to this section for a period of three years prior to the date the claim is filed with the city or the court.
B. Private Right of Action. The city and any person aggrieved by a violation of this chapter (or the aggrieved person’s representative), may bring a civil action against any employer for violation(s) of this chapter in a court of competent jurisdiction to enforce the provisions of this chapter. Successful plaintiffs in actions pursuant to this subsection shall be entitled to such remedies specified in subsection D of this section as the court may order to enforce this chapter, and to an award of reasonable attorney’s fees, witness fees and costs of litigation.
C. Administrative Enforcement.
1. Reporting Violations. An employee, an employee’s representative, or any other person may report any suspected violation of this chapter to the city. The city will keep the identity of the person reporting the violation confidential to the extent permitted by law, except as necessary to enforce or permit enforcement of this chapter or other applicable law.
2. Informal Resolution. The city may in the city’s sole discretion seek informal resolution of complaints of violations of this chapter.
3. Violations a Nuisance. Violations of this chapter are hereby declared to be public nuisances in accordance with Chapter 1.10, and subject to enforcement in accordance with Chapters 1.10, Code Enforcement Generally, 1.13, Violations Enforced by Civil Action, 1.14 , Administrative Enforcement, and 1.16, Administrative Citations.
4. Business License Revocation. The city business licenses of employers in violation of this chapter are subject to suspension or revocation in accordance with Section 6.01.350.
D. Remedies for Violations. In addition to the remedies listed above in this section, remedies available for violations of this chapter include, but are not limited to, the following:
1. Award of any back wages unlawfully withheld, and payment of an additional sum as a civil penalty in the amount of fifty dollars for each employee whose rights under this chapter were violated for each day or portion thereof that the violation occurred or continued.
2. Award of interest on all due and unpaid wages at the legal rate of interest of ten percent per annum; or, if award of interest at the rate of ten percent per annum is not legally permitted, award of interest at the maximum legally permitted rate up to but not exceeding ten percent per annum. Interest shall accrue from the date that the wages were due and payable as provided in Part 1 of Division 2 of the California Labor Code (commencing with Section 200) up to and including the date immediately before the date when the wages were paid in full.
3. Injunctive relief that is within the jurisdiction of the adjudicatory authority presiding over the proceedings.
4. For employees aggrieved by termination, demotion or other adverse action in retaliation for exercise of employees’ rights pursuant to this chapter in violation of Section 8.35.060, in addition to the remedies above, reinstatement and return of the employee to the status quo ante, and an award of treble the wages lost due to the violation.
E. No Cause of Action against the City. To the maximum extent permitted by law, nothing in this chapter may be construed to create a cause of action against the city, or a basis for seeking an award of attorney’s fees against the city pursuant to the private attorney general’s statute in California Code of Civil Procedure Section 1021.5 or on any other basis arising from or related to an employer’s alleged violation of the requirements of this chapter, and/or based on or related to the city’s prosecution or enforcement or alleged failure to prosecute or enforce such alleged violation, and/or based on or related to the city’s implementation or alleged failure to implement the requirements of this chapter.
(Ord. 2691 NCS §3 (part), 2019.)