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<br />Ordinance No. NS-XXX <br />Page 7 of 10 <br />1. The right to premium pay guaranteed by this Ordinance; <br />2. 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 <br />requirements 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 retaliation <br />against a covered designated worker or other person for asserting the right to <br />premium pay or otherwise engaging in 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 pharmacy location <br />utilized by employees for breaks, and in an electronic format that is readily <br />accessible to the designated workers. The notice of rights shall be made available <br />to the designated workers via smartphone application or an online web portal, in <br />English and any 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 <br />this Ordinance for covered designated workers. <br />B. Hiring entities shall retain the records required above for a period of <br />two (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 convincing <br />evidence, that the hiring entity violated this Ordinance for each covered designated <br />worker for whom records were not retained. <br /> Retaliation prohibited. <br />No hiring entity employing a designated worker shall discharge, reduce in <br />compensation, or otherwise discriminate against any designated worker for <br />opposing any practice proscribed by this Ordinance, for participating in <br />proceedings related to this Ordinance, for seeking to exercise their rights under <br />this Ordinance by any lawful means, or for otherwise asserting rights under this <br />Ordinance. <br /> Violation. <br />The failure of any respondent to comply with any requirement imposed on <br />the respondent under this Ordinance is a violation.