Agenda - 11-17-2015 - 8a - Update on Living Wage Policies

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r k "In the event of a finding by the City Manager or a judicial officer that any Service Worker has been paid less than the compensation to which the Service Worker is entitled under the City's liveable wage ordinance, Contractor .shall make restitution to the Service Worker for the amount due. Contractor shall also pay liquidated damages to the City in the amount of Fifty Dollars ($50.00) per day for each employee so underpaid, provided, however, that these damages shall not be assessed for wage underpayment violations to any individual which amount to a total of less than One Dollar ($1.00) in any payroll period. Should a Service Worker be found to have been discriminated against for seeking to enforce the provisions of the City's Liveable Wage ordinance, and if the Service Worker has been terminated from employment, he or she shall be reinstated upon an order to do so from the City Manager or a judicial officer. A flyer stating the City of Durham's Liveable Wage amount shall be posted at the workplace of every Service Contractor in a location easily seen by all employees." (c) When a Service Contractor has been found to have failed to pay a Liveable Wage in the course of performing more than three separate Service Contracts in a two year period, the City Manager may prohibit that Service Contractor from participating in future Service Contracts,for up to three years. (d) Within one year from the date of work performed on a Service Contract, a Service Worker may file a protest in writing with the City Manager claiming that the amount of wages paid to that worker on that Service Contract was less than.the Liveable Wage at the time the work was performed. (e) A Service Contractor shall not discharge, reduce the compensation or otherwise discriminate against any Service Worker for seeking to enforce the provisions of this ordinance. -Actions.protected under this ordinance include, but are not limited to, making a complaint to the City Manager, participating in any City proceedings, or making use of any civil remedies. If any violation of this paragraph is found to have occurred, the City Manager may order appropriate restitution and the reinstatement of such Service Worker, in accordance with the terms of the Service Contract. (f) The City may withhold or cause to be withheld from the Service Contractor so much of any accrued payments owed to the contractor as may be necessary to: (1) pay the Service Workers employed by the Service Contractor the full amount of wages required by the provisions of this ordinance; and (2) satisfy any liability of the contractor for liquidated damages accrued under the terms of the Service Contract. The City may also withhold payments from any Service. Contractor who has failed to post and keep posted a copy of the Liveable Wage as required herein, until such default of the Service Contract's terms shall have been corrected.