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A. Initial Notice of Employee Rights. Within one week of this chapter taking effect, each employer shall give written notice to each employee of employees’ rights pursuant to this chapter. Each employer shall give the same notice to each new employee within one week of the start of each new employee’s employment. The notice pursuant to this subsection shall be in each language spoken by more than ten percent of an employer’s employees and shall be posted in a conspicuous place at each workplace or job site where any employee of that employer works. The city may provide employers sample notices pursuant to this subsection and employers’ use of such sample notices in accordance with this subsection will satisfy the requirements of this subsection.

B. Annual Notice of Employee Rights. Prior to January 1st of each year, the city may publish and make available to employers a notice suitable for posting in the workplace informing employees of the applicable minimum wage rates in effect pursuant to this chapter beginning January 1st of that year and of employees’ rights pursuant to this chapter. Any notice pursuant to this subsection will be in English, Spanish and such other languages as provided in any administrative regulations promulgated pursuant to Section 8.35.130. Each employer shall post any notice pursuant to this subsection in a conspicuous place at each workplace or job site where any employee of that employer works.

C. Initial and Annual Notice Regarding Employee Inquiries. Each employer shall provide each employee, upon hiring and annually, written notice including the employer’s legal name, address, telephone number, and the name and contact information for an employer representative responsible for inquiries concerning compliance with this chapter.

D. Employer Records Retention. Each employer shall maintain a record of each employee’s name, his or her hours worked, and pay rate. Such records shall be retained for at least a three-year period. Each employer shall provide to each employee or each employee’s representative a copy of the records required to be maintained concerning that employee pursuant to this subsection upon request during normal business hours. Failure of an employer to maintain and provide records in accordance with this subsection shall raise a rebuttable presumption that an employee’s account of how much he or she was paid in any proceeding to enforce the provisions of this chapter is accurate, which presumption may be rebutted by competent evidence to the contrary.

E. Remedy for Violations of This Section. Employers that violate the requirements of this section shall be subject to administrative citation in accordance with Section 8.35.070(C)(3) and Chapter 1.16.

F. City Failure to Give Notice. Failure by the city to provide notice as permitted pursuant to this section shall not create a basis of liability of the city for any reason or purpose, and shall not be a defense to any employer’s alleged failure to pay minimum wages or to otherwise fully comply with the requirements of this chapter.

(Ord. 2691 NCS §3 (part), 2019.)