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the hiring entity can prove that its decision to take the action(s) would <br />have happened in the absence of this Ordinance going into effect. <br />Notice of rights. <br />A. Hiring entities shall provide covered designated workers with a written <br />notice of rights established by this Ordinance. The notice of rights shall <br />be in a form and manner sufficient to inform designated workers of their <br />rights under this Ordinance. The notice of rights shall provide information <br />on: <br />1. The right to premium pay guaranteed by this Ordinance; <br />The right to be protected from retaliation for exercising in good <br />faith the rights protected by this Ordinance; and <br />3. The right to bring a civil action for a violation of the requirements <br />of this Ordinance, including a hiring entity's denial of premium pay <br />as required by this Ordinance and a hiring entity or other person's <br />retaliation against a covered designated worker or other person <br />for asserting the right to premium pay or otherwise engaging in <br />an activity protected by this Ordinance. <br />B. Hiring entities shall provide the notice of rights required by posting a <br />written • notice of rights in a location of the grocery store or retail <br />pharmacy location utilized by employees for breaks, and in an electronic <br />format that is readily accessible to the designated workers. The notice <br />of rights shall be made available to the designated workers via <br />smartphone application or an online web portal, in English and any <br />language that the hiring entity knows or has reason to know is the <br />primary language of the designated worker(s). <br />Hiring entity records. <br />A. Hiring entities shall retain records that document compliance with this <br />Ordinance for covered designated workers. <br />B. Hiring entities shall retain the records required above for a period of two <br />(2) years. <br />C. If a hiring entity fails to retain adequate records required under the <br />Ordinance, there shall be a presumption, rebuttable, by clear and <br />convincing evidence, that the hiring entity violated this Ordinance for <br />each covered designated worker for whom records were not retained. <br />Ordinance No. NS-3002 <br />Page 7 of 11 <br />