Los Angeles Municipal Code

Sec. 10.37.6. Enforcement.

Sec. 10.37.6. Enforcement. (a) Civil Enforcement Action by Employee. An Employee claiming violation of this article may bring a civil action in the Superior Court of the State of California against an Employer. (1) Notice to Employer and Cure Period Before Filing a Civil Action. Before an Employee or the Employee's representative can file a civil action alleging a violation of the Living Wage Ordinance, the following requirements must be met: (i) The Employee or the Employee’s representative must provide written notice to the Employer of the provisions of the Living Wage Ordinance alleged to have been violated and the facts to support the alleged violations; and (ii) The Employer has not, within 30 days of receipt of the written notice, taken action to cure the alleged violations. (2) Remedies Payable to a Prevailing Plaintiff in a Civil Action. An Employee, upon prevailing in a Civil Action, shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation, including, without limitation: (i) For failure to pay wages required by this article, back pay shall be paid for each day during which the violation occurred. (ii) For failure to comply with health benefits requirements pursuant to this article, the Employee shall be paid the differential between the wage required by this article without health benefits and such wage with health benefits, less amounts paid, if any, toward health benefits. (iii) For retaliation the Employee shall receive reinstatement, back pay or other equitable relief the court may deem appropriate. (iv) For Willful Violations, the amount of monies to be paid under Subdivisions (i) - (iii), above, shall be trebled. (b) The court shall award reasonable attorney’s fees and costs to an Employee who prevails in any such enforcement action and to an Employer who prevails and obtains a court determination that the Employee’s lawsuit was frivolous. (c) Compliance with this article shall be required in all City contracts to which it applies. Contracts shall provide that violation of this article shall constitute a material breach thereof and entitle the Awarding Authority to terminate the contract and otherwise pursue legal remedies that may be available. Contracts shall also include an agreement that the Employer shall comply with federal law proscribing retaliation for union organizing.