§ 14.16.080. Remedies

A.

The payment of unpaid wages, liquidated damages, civil penalties, penalties payable to aggrieved parties, fines, and interest provided under this Chapter 14.16 are cumulative and are not intended to be exclusive of any other available remedies, penalties, fines, and procedures.

1.

Effective January 1, 2017, the amounts of all civil penalties, penalties payable to aggrieved parties, and fines contained in this Section 14.16.080 shall be increased annually to reflect the rate of inflation and calculated to the nearest cent on January 1 of each year thereafter. The Agency shall determine the amounts and file a schedule of such amounts with the City Clerk.

2.

If there is a remedy due to an aggrieved party, the Director may waive the total amount of civil penalties and fines due to the Agency if the Director determines that the respondent paid the full remedy due to the aggrieved party within ten days of service of the Director's Order. The Director may waive half the amount of civil penalties and fines due to the Agency if the Director determines that the respondent paid the full remedy due to the aggrieved party within 15 days of service of the Director's Order. The Director shall not waive any amount of civil penalties and fines due to the Agency if the Director determines that the respondent has not paid the full remedy due to the aggrieved party after 15 days of service of the Director's Order.

3.

When determining the amount of liquidated damages, civil penalties, penalties payable to aggrieved parties, and fines due under this Section 14.16.080 for a Settlement Agreement or Director's Order, including but not limited to the mitigation of civil penalties and fines due to the Agency for timely payment of remedy due to an aggrieved party under subsection 14.16.080.A.2, the Director shall consider the total amount of unpaid wages, liquidated damages, penalties, fines, and interest due; the nature and persistence of the violations; the extent of the respondent's culpability; the substantive or technical nature of the violations; the size, revenue, and human resources capacity of the respondent; the circumstances of each situation; the amount of penalties in similar situations; and other factors pursuant to rules issued by the Director.

B.

A respondent found to be in violation of this Chapter 14.16 shall be liable for full payment of unpaid wages due, provided that the employee is not entitled to payment for lost tips or commissions for paid sick and paid safe time as defined in Section 14.16.010, plus interest in favor of the aggrieved party under the terms of this Chapter 14.16 and other equitable relief. For a first violation of this Chapter 14.16, the Director may assess liquidated damages in an additional amount of up to twice the unpaid wages. For subsequent violations of this Chapter 14.16, the Director shall assess liquidated damages in an additional amount of twice the unpaid wages. If the violation is ongoing when the Agency receives a complaint or opens an investigation, the Director may order payment of amounts that accrue after receipt of the complaint or after the investigation opens and before the date of the Director's Order. Interest shall accrue from the date the unpaid wages were first due at 12 percent per annum, or the maximum rate permitted under RCW 19.52.020. For purposes of this Section 14.16.080, a violation is a subsequent violation if at least one Director's Order has issued against the respondent in the ten years preceding the date of the violation; otherwise, it is a first violation.

C.

A respondent found to be in violation of Section 14.16.055 for retaliation shall be subject to any appropriate relief at law or equity including, but not limited to reinstatement of the aggrieved party, front pay in lieu of reinstatement with full payment of unpaid wages plus interest in favor of the aggrieved party under the terms of this Chapter 14.16, and liquidated damages in an additional amount of up to twice the unpaid wages. The Director also shall order the imposition of a penalty payable to the aggrieved party of up to $5,000.

D.

A respondent who willfully violates the notice and posting requirements of Section 14.16.045 shall be subject to a civil penalty of $750 for the first violation and $1,000 for subsequent violations.

E.

A respondent who willfully hinders, prevents, impedes, or interferes with the Director or Hearing Examiner in the performance of their duties under this Chapter 14.16 shall be subject to a civil penalty of not less than $1,000 and not more than $5,000.

F.

For a first violation of this Chapter 14.16, the Director may assess a civil penalty of up to $500 per aggrieved party. For a second violation of this Chapter 14.16, the Director shall assess a civil penalty of up to $1,000 per aggrieved party, or an amount equal to ten percent of the total amount of unpaid wages, whichever is greater. For a third or any subsequent violation of this Chapter 14.16, the Director shall assess a civil penalty of up to $5,000 per aggrieved party, or an amount equal to ten percent of the total amount of unpaid wages, whichever is greater. The maximum civil penalty for a violation of this Chapter 14.16 shall be $20,000 per aggrieved party, or an amount equal to ten percent of the total amount of unpaid wages, whichever is greater. For purposes of this Section 14.16.080, a violation is a second, third, or subsequent violation if the respondent has been a party to one, two, or more than two Settlement Agreements, respectively, stipulating that a violation has occurred; and/or one, two, ore more than two Director's Orders, respectively, have issued against the respondent in the ten years preceding the date of the violation; otherwise, it is a first violation.

G.

For the following violations, the Director may assess a fine in the amounts set forth below:

Violation	Fine
Failure to provide notification each time wages are paid, an updated amount of paid time available for use as paid sick and paid safe time under subsection 14.16.030.K	$500
Failure to provide employees with written notice of rights under subsection 14.16.045.B	$500
Failure to provide employees with employer's written policy and procedure for meeting paid sick and paid safe time requirements under Section 14.16.045.C	$500
Failure to maintain employer records for three years under subsection 14.16.050.A	$500 per missing record
Failure to comply with prohibitions against retaliation for exercising rights protected under Section 14.16.055	$1,000 per aggrieved party
Failure to provide notice of investigation to employees under subsection 14.16.070.B.2	$500
Failure to provide notice of failure to comply with final order to public under subsection 14.16.100.A.1	$500

 

The fine amounts shall be increased cumulatively by 50 percent of the fine for each preceding violation for each subsequent violation of the same provision by the same respondent within a ten-year period. The maximum amount that may be imposed in fines in any one year period for each type of violation listed above is $5,000 unless a fine for retaliation is issued, in which case the maximum amount is $20,000.

H.

In addition to the unpaid wages, penalties, fines, liquidated damages, and interest, the Agency may assess against the respondent in favor of the City the reasonable costs incurred in enforcing this Chapter 14.16, including but not limited to reasonable attorneys' fees.

I.

An employer that is the subject of a final order for which all appeal rights have been exhausted shall not be permitted to bid, or have a bid considered, on any City contract until such amounts due under the final order have been paid in full to the Director. If an employer is the subject of a final order two times or more within a five-year period, the contractor or subcontractor shall not be allowed to bid on any City contract for two years. This subsection 14.16.080.I shall be construed to provide grounds for debarment separate from, and in addition to, those contained in Chapter 20.70 and shall not be governed by that chapter provided that nothing in this subsection 14.16.080.I shall be construed to limit the application of Chapter 20.70. The Director shall notify the Director of Finance and Administrative Services of all employers subject to debarment under this subsection 14.16.080.I.

(Ord. 124960 , § 16, 2015; Ord. 123899, § 16, 2012; Ord. 123698, § 2, 2011.)