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Item 30 - Premium Pay Grocery Workers and Retail Pharmacy Workers
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03/02/2021 Regular
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Item 30 - Premium Pay Grocery Workers and Retail Pharmacy Workers
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
30
Date
3/2/2021
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<br />Ordinance No. NS-XXX <br />Page 8 of 10 <br /> Remedies. <br />A. The payment of unpaid compensation, liquidated damages, civil <br />penalties, penalties payable to aggrieved parties, fines, and interest provided <br />under this Ordinance is cumulative and is not intended to be exclusive of any other <br />available remedies, penalties, fines, and procedures. <br />B. A respondent found to be in violation of this Ordinance for retaliation <br />prohibited by this Ordinance shall be subject to any appropriate relief at law or <br />equity including, but not limited to reinstatement of the aggrieved party, front pay <br />in lieu of reinstatement with full payment of unpaid compensation plus interest in <br />favor of the aggrieved party under the terms of this Ordinance, and liquidated <br />damages in an additional amount of up to twice the unpaid compensation. <br /> Private right of action. <br />Any covered designated worker that suffers financial injury as a result of a <br />violation of this Ordinance, or is the subject of retaliation prohibited by this <br />Ordinance, may bring a civil action in a court of competent jurisdiction against the <br />hiring entity or other person violating this Ordinance and, upon prevailing, may be <br />awarded reasonable attorney’s fees and costs and such legal or equitable relief as <br />may be appropriate to remedy the violation including, without limitation: the <br />payment of any unpaid compensation plus interest due to the person and <br />liquidated damages in an additional amount of up to twice the unpaid <br />compensation; and a reasonable penalty payable to any aggrieved party if the <br />aggrieved party was subject to prohibited retaliation. <br /> Encouragement of more generous policies. <br />A. Nothing in this Ordinance shall be construed to discourage or prohibit <br />a hiring entity from the adoption or retention of premium pay policies more <br />generous than the one required herein. <br />B. Nothing in this Ordinance shall be construed as diminishing the <br />obligation of a hiring entity to comply with any contract or other agreement <br />providing more generous protections to a designated worker than required by this <br />Ordinance. <br /> Other legal requirements. <br />This Ordinance provides minimum requirements for premium pay while <br />working for a hiring entity during the COVID-19 emergency and shall not be <br />construed to preempt, limit, or otherwise affect the applicability of any other law, <br />regulation, requirement, policy, or standard that provides for higher premium pay, <br />or that extends other protections to designated workers; and nothing in this <br />Ordinance shall be interpreted or applied so as to create any power or duty in <br />conflict with federal or state law. Nothing in this Ordinance shall be construed as
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