§ 62-8. Enforcement.

A. 

Enforcement of the provisions of this Living Wage Chapter may be based on complaints of noncompliance by eligible employees or on monitoring for compliance by the City Finance Department.

B. 

Complaint process.

(1) 

Any eligible employee who believes his or her employer is not complying with this living Wage Chapter may file a complaint in writing with the Ordinance Committee of the Common Council or its designee within 90 days after the alleged violation.

(2) 

Upon receipt of a written complaint under this Living Wage Chapter, the Ordinance Committee of the Common Council or its designee shall order an investigation of the complaint, utilizing such resources of the City of Norwalk as may be required to conduct the investigation. During the investigation, the Ordinance Committee of the Common Council or its designee may request from the covered employer such evidence as may be required to determine whether the covered employer has been compliant. The Ordinance Committee of the Common Council or its designee shall complete the investigation and make a finding of compliance or noncompliance within 45 days after receipt of the complaint.

(3) 

The Ordinance Committee of the Common Council or its designee shall give notice of his or her findings to the covered employer. The covered employer may dispute a finding of noncompliance by requesting a hearing from the Ordinance Committee of the Common Council or its designee within 30 days of the finding. A hearing shall be conducted by the Ordinance Committee of the Common Council or its designee within 30 days after receipt of the request. The Ordinance Committee of the Common Council or its designee shall affirm or reverse the finding based on evidence presented at the hearing by the City Finance Department and the Covered Employer.

(4) 

If at any time during the complaint proceedings, the covered employer voluntarily makes restitution of wages or benefits not paid to the eligible employee, or otherwise remedies the violation alleged, then the Ordinance Committee of the Common Council or its designee shall thereafter dismiss the complaint against the covered employer.

C. 

Remedies.

(1) 

If, after notice of finding and hearing, a covered employer is found to be noncompliant, the covered employer shall correct violations and make restitution of wages retroactively to the beginning of the period of noncompliance within 15 days, unless otherwise extended by way of agreement between the covered employer and City Finance Department.

(2) 

If violations are not corrected within 15 days or within the time frame otherwise agreed upon between the City Finance Department and the covered employee, the Ordinance Committee of the Common Council or its designee may do one or more of the following:

(a) 

Freeze or suspend the covered employer's service contract, until the City Finance Department determines that the violations have been corrected;

(b) 

Revoke the covered employer's tax benefit;

(c) 

Designate the covered employer as ineligible for future tax benefits or service contracts for three years or until all restitution has been paid, whichever is longer.

(d) 

Impose a penalty for the violation, said penalty to be not less than $1 and not more than $100. Each day that any such violation shall continue shall constitute a separate offense and shall be punishable as such.

(3) 

Liability for payment of a living wage shall rest solely with the covered employer. The City of Norwalk shall not be held liable in a civil action or administrative proceeding for lost wages or other economic losses resulting from the failure to pay a living wage, except when it acts in the capacity of a covered employer.