23-364

23-364. Enforcement

(Caution: 1998 Prop. 105 applies)

A. The commission is authorized to enforce and implement this article and may
promulgate regulations consistent with this article to do so.

B. No employer or other person shall discharge or take any other adverse action
against any person in retaliation for asserting any claim or right under this article,
for assisting any other person in doing so, or for informing any person about their
rights. Taking adverse action against a person within ninety days of a person's engaging
in the foregoing activities shall raise a presumption that such action was retaliation,
which may be rebutted by clear and convincing evidence that such action was taken for
other permissible reasons.

C. Any person or organization may file an administrative complaint with the
commission charging that an employer has violated this article as to any employee or
other person. When the commission receives a complaint, the commission may review records
regarding all employees at the employer's worksite in order to protect the identity of
any employee identified in the complaint and to determine whether a pattern of violations
has occurred. The name of any employee identified in a complaint to the commission shall
be kept confidential as long as possible. Where the commission determines that an
employee's name must be disclosed in order to investigate a complaint further, it may so
do only with the employee's consent.

D. Employers shall post notices in the workplace, in such format specified by the
commission, notifying employees of their rights under this article. Employers shall
provide their business name, address, and telephone number in writing to employees upon
hire. Employers shall maintain payroll records showing the hours worked for each day
worked, and the wages paid to all employees for a period of four years. Failure to do so
shall raise a rebuttable presumption that the employer did not pay the required minimum
wage rate. The commission may by regulation reduce or waive the recordkeeping and posting
requirements herein for any categories of small employers whom it finds would be
unreasonably burdened by such requirements. Employers shall permit the commission or a
law enforcement officer to inspect and copy payroll or other business records, shall
permit them to interview employees away from the worksite, and shall not hinder any
investigation. Such information provided shall keep confidential except as is required to
prosecute violations of this article. Employers shall permit an employee or his or her
designated representative to inspect and copy payroll records pertaining to that
employee.

E. A civil action to enforce this article may be maintained in a court of competent
jurisdiction by a law enforcement officer or by any private party injured by a violation
of this article.

F. Any employer who violates recordkeeping, posting, or other requirements that the
commission may establish under this article shall be subject to a civil penalty of at
least $250 dollars for a first violation, and at least $1000 dollars for each subsequent
or willful violation and may, if the commission or court determines appropriate, be
subject to special monitoring and inspections.

G. Any employer who fails to pay the wages required under this article shall be
required to pay the employee the balance of the wages owed, including interest thereon,
and an additional amount equal to twice the underpaid wages. Any employer who retaliates
against an employee or other person in violation of this article shall be required to pay
the employee an amount set by the commission or a court sufficient to compensate the
employee and deter future violations, but not less than one hundred fifty dollars for
each day that the violation continued or until legal judgment is final. The commission
and the courts shall have the authority to order payment of such unpaid wages, other
amounts, and civil penalties and to order any other appropriate legal or equitable relief
for violations of this article. Civil penalties shall be retained by the agency that
recovered them and used to finance activities to enforce this article. A prevailing
plaintiff shall be entitled to reasonable attorney's fees and costs of suit.

H. A civil action to enforce this article may be commenced no later than two years
after a violation last occurs, or three years in the case of a willful violation, and may
encompass all violations that occurred as part of a continuing course of employer conduct
regardless of their date. The statute of limitations shall be tolled during any
investigation of an employer by the commission or other law enforcement officer, but such
investigation shall not bar a person from bringing a civil action under this article. No
verbal or written agreement or employment contract may waive any rights under this
article.

I. The legislature may by statute raise the minimum wage established under this
article, extend coverage, or increase penalties. A county, city, or town may by ordinance
regulate minimum wages and benefits within its geographic boundaries but may not provide
for a minimum wage lower than that prescribed in this article. State agencies, counties,
cities, towns and other political subdivisions of the state may consider violations of
this article in determining whether employers may receive or renew public contracts,
financial assistance or licenses. This article shall be liberally construed in favor of
its purposes and shall not limit the authority of the legislature or any other body to
adopt any law or policy that requires payment of higher or supplemental wages or
benefits, or that extends such protections to employers or employees not covered by this
article.