Minimum Wage Ordinance

CHAPTER 12R: MINIMUM WAGE

Sec. 12R.1. Title.

Sec. 12R.2. Authority.

Sec. 12R.3. Definitions.

Sec. 12R.4. Minimum Wage.

Sec. 12R.5. Notice, Posting and Payroll Records.

Sec. 12R.6. Retaliation Prohibited.

Sec. 12R.7. Implementation and Enforcement.

Sec. 12R.8. Waiver Through Collective Bargaining.

Sec. 12R.9. Relationship to Other Requirements.

Sec. 12R.10. Application of Minimum Wage to Welfare-to-Work Programs.

Sec. 12R.11. Effective Date.

Sec. 12R.12. Severability.

Sec. 12R.13. Amendment by the Board of Supervisors.

Sec. 12R.14. Civil Actions.

Sec. 12R.15. Remedies Cumulative.

Sec. 12R.16. Administrative Penalties and Citations.

Sec. 12R.17. Violations.

Sec. 12R.18. Administrative Citation; Notice of Violation.

Sec. 12R.19. Administrative Citation and Notice of Violation; Service.

Sec. 12R.20. Administrative Citation; Contents.

Sec. 12R.21. Administrative Appeal.

Sec. 12R.22. Regulations.

Sec. 12R.23. Judicial Review.

Sec. 12R.24. Other Remedies Not Affected.

Sec. 12R.25. Outreach.

Sec. 12R.26. Reports.

*SEC. 12R.1. TITLE.*

This Chapter shall be known as the "Minimum Wage Ordinance."

(Added by Proposition L, 11/4/2003)

*SEC. 12R.2. AUTHORITY.*

This Chapter is adopted pursuant to the powers vested in the City

and County of San Francisco ("the City") under the laws and

Constitution of the State of California and the City Charter

including, but not limited to, the police powers vested in the City

pursuant to Article XI, Section 7 of the California Constitution and

Section 1205(b) of the California Labor Law.

(Added by Proposition L, 11/4/2003)

*SEC. 12R.3. DEFINITIONS.*

As used in this Chapter, the following capitalized terms shall have

the following meanings:

"Agency" shall mean the Living Wage/Living Health Division of the

Office of Contract Administration or such other City department or

agency as the City shall by resolution designate.

"City" shall mean the City and County of San Francisco.

"Employee" shall mean any person who:

(a) In a particular week performs at least two (2) hours of work for

an Employer within the geographic boundaries of the City; and

(b) Qualifies as an employee entitled to payment of a minimum wage

from any employer under the California minimum wage law, as provided

under Section 1197 of the California Labor Code and wage orders

published by the California Industrial Welfare Commission, or is a

participant in a Welfare-to-Work Program.

"Employer" shall mean any person, as defined in Section 18 of the

California Labor Code, including corporate officers or executives,

who directly or indirectly or through an agent any other person,

including through the services of a temporary services or staffing

agency or similar entity, employs or exercises control over the

wages, hours or working conditions of any Employee.

"Minimum Wage" shall have the meaning set forth in Section [12R.]4

of this Chapter.

"Small Business" shall mean an Employer for which fewer than ten

(10) persons perform work for compensation during a given week. In

determining the number of persons performing work for an Employer

during a given week, all persons performing work for compensation on

a full-time, part-time, or temporary basis shall be counted,

including persons made available to work through the services of a

temporary services or staffing agency or similar entity.

"Nonprofit Corporation" shall mean a nonprofit corporation, duly

organized, validly existing and in good standing under the laws of

the jurisdiction of its incorporation and (if a foreign corporation)

in good standing under the laws of the State of California, which

corporation has established and maintains valid nonprofit status

under Section 501(c)(3) of the United States Internal Revenue Code

of 1986, as amended, and all rules and regulations promulgated under

such Section.

"Welfare-to-Work Program" shall mean the City's CalWORKS Program,

County Adult Assistance Program (CAAP) which includes the Personal

Assisted Employment Services (PAES) Program, and General Assistance

Program, and any successor programs that are substantially similar

to them.

(Added by Proposition L, 11/4/2003)

*SEC. 12R.4. .*

(a) Employers shall pay Employees no less than the Minimum Wage for

each hour worked within the geographic boundaries of the City.

(b) Beginning on the effective date of this Chapter, the Minimum

Wage shall be an hourly rate of $8.50. To prevent inflation from

eroding its value, beginning on January 1, 2005, and each year

thereafter, the Minimum Wage shall increase by an amount

corresponding to the prior year's increase, if any, in the Consumer

Price Index for urban wage earners and clerical workers for the San

Francisco-Oakland-San Jose, CA metropolitan statistical area.

Nonprofit Corporations shall phase in over a two year period in

order to afford such Employers time to adjust. For such Employers,

the effective date of this Chapter shall be January 1, 2005. For a

transition period beginning January 1, 2005 and ending December 31,

2005, the Minimum Wage for Employees of such Employers shall be an

hourly rate of $7.75. Beginning January 1, 2006, the Minimum Wage

for Employees of such Employers shall be the regular Minimum Wage

established pursuant to Section 4(b) of this Chapter.

(Added by Proposition L, 11/4/2003)

*SEC. 12R.5. NOTICE, POSTING AND PAYROLL RECORDS.*

(a) By December 1 of each year, the Agency shall publish and make

available to Employers a bulletin announcing the adjusted Minimum

Wage rate for the upcoming year, which shall take effect on January

1. In conjunction with this bulletin, the Agency shall by December 1

of each year publish and make available to Employers, in all

languages spoken by more than five percent of the San Francisco work

force, a notice suitable for posting by Employers in the workplace

informing Employees of the current Minimum Wage rate and of their

rights under this Chapter.

(b) Every Employer shall post in a conspicuous place at any

workplace or job site where any Employee works the notice published

each year by the Agency informing Employees of t he current Minimum

Wage rate and of their rights under this Chapter. Every Employer

shall post such notices in English, Spanish, Chinese and any other

language spoken by at least five percent of the Employees at the

workplace or job site. Every Employer shall also provide each

Employee at the time of hire the Employer's name, address and

telephone number in writing.

for a period of four years, and shall allow the Agency access to

such records, with appropriate notice and at a mutually agreeable

time, to monitor compliance with the requirements of this Chapter.

Where an Employer does not maintain or retain adequate records

documenting wages paid or does not allow the Agency reasonable

access to such records, it shall be presumed that the Employer paid

no more than the applicable federal or state minimum wage, absent

clear and convincing evidence otherwise.

(Added by Proposition L, 11/4/2003)

*SEC. 12R.6. RETALIATION PROHIBITED.*

It shall be unlawful for an Employer or any other party to

discriminate in any manner or take adverse action against any person

in retaliation for exercising rights protected under this Chapter.

Rights protected under this Chapter include, but are not limited to:

the right to file a complaint or inform any person about any party's

alleged noncompliance with this Chapter; and the right to inform any

person of his or her potential rights under this Chapter and to

assist him or her in asserting such rights. Protections of this

Chapter shall apply to any person who mistakenly, but in good faith,

alleges noncompliance with this Chapter. Taking adverse action

against a person within ninety (90) days of the person's exercise of

rights protected under this Chapter shall raise a rebuttable

presumption of having done so in retaliation for the exercise of

such rights.

(Added by Proposition L, 11/4/2003)

*SEC. 12R.7. IMPLEMENTATION AND ENFORCEMENT.*

(a) Implementation. The Agency shall be authorized to coordinate

implementation and enforcement of this Chapter and may promulgate

appropriate guidelines or rules for such purposes. Any guidelines or

rules promulgated by the Agency shall have the force and effect of

law and may be relied on by Employers, Employees and other parties

to determine their rights and responsibilities under this Chapter.

Any guidelines or rules may establish procedures for ensuring fair,

efficient and cost-effective implementation of this Chapter,

including supplementary procedures for helping to inform Employees

of their rights under this Chapter, for monitoring Employer

compliance with this Chapter, and for providing administrative

hearings to determine whether an Employer or other person has

violated the requirements of this Chapter.

(b) Administrative Enforcement. The Agency is authorized to take

appropriate steps to enforce this Chapter. The Agency may

investigate any possible violations of this Chapter by an Employer

or other person. Where the Agency has reason to believe that a

violation has occurred, it may order any appropriate temporary or

interim relief to mitigate the violation or maintain the status quo

pending completion of a full investigation or hearing. Where the

Agency, after a hearing that affords a suspected violator due

process, determines that a violation has occurred, it may order any

appropriate relief including, but not limited to, reinstatement, the

payment of any back wages unlawfully withheld, and the payment of an

additional sum as an administrative penalty in the amount of $50 to

each Employee or person whose rights under this Chapter were

violated for each day or portion thereof that the violation occurred

or continued. A violation for unlawfully withholding wages shall be

deemed to continue from the date immediately following the date that

the wages were due and payable as provided in Part 1 (commencing

with Section 200) of Division 2 of the California Labor Code, to the

date immediately preceding the date the wages are paid in full.

Where prompt compliance is not forthcoming, the Agency may take any

appropriate enforcement action to secure compliance, including

initiating a civil action pursuant to Section 7(c) of this Chapter

and/or, except where prohibited by state or federal law, requesting

that City agencies or departments revoke or suspend any registration

certificates, permits or licenses held or requested by the Employer

or person until such time as the violation is remedied. In order to

compensate the City for the costs of investigating and remedying the

violation, the Agency may also order the violating Employer or

person to pay to the City a sum of not more than $50 for each day or

portion thereof and for each Employee or person as to whom the

violation occurred or continued. Such funds shall be allocated to

the Agency and shall be used to offset the costs of implementing and

enforcing this Chapter. The amounts of all sums and payments

authorized or required under this Chapter shall be updated annually

for inflation, beginning January 1, 2005, using the inflation rate

and procedures set forth in Section 4(b) of this Chapter. An

Employee or other person may report to the Agency in writing any

suspected violation of this Chapter. The Agency shall encourage

reporting pursuant to this subsection by keeping confidential, to

the maximum extent permitted by applicable laws, the name and other

identifying information of the Employee or person reporting the

violation. Provided, however, that with the authorization of such

person, the Agency may disclose his or her name and identifying

information as necessary to enforce this Chapter or for other

appropriate purposes.

aggrieved by a violation of this Chapter, any entity a member of

which is aggrieved by a violation of this Chapter, or any other

person or entity acting on behalf of the public as provided for

under applicable state law, may bring a civil action in a court of

competent jurisdiction against the Employer or other person

violating this Chapter and, upon prevailing, shall be entitled to

such legal or equitable relief as may be appropriate to remedy the

violation including, without limitation, the payment of any back

wages unlawfully withheld, the payment of an additional sum as

liquidated damages in the amount of $50 to each Employee or person

whose rights under this Chapter were violated for each day or

portion thereof that the violation occurred or continued,

reinstatement in employment and/or injunctive relief, and shall be

awarded reasonable attorneys' fees and costs. Provided, however,

that any person or entity enforcing this Chapter on behalf of the

public as provided for under applicable state law shall, upon

prevailing, be entitled only to equitable, injunctive or

restitutionary relief, and reasonable attorneys' fees and costs.

(d) Interest. In any administrative or civil action brought for the

nonpayment of wages under this Section, the Agency or court, as the

case may be, shall award interest on all due and unpaid wages at the

rate of interest specified in subdivision (b) of Section 3289 of the

California Civil Code, which shall accrue from the date that the

wages were due and payable as provided in Part 1 (commencing with

Section 200) of Division 2 of the California Labor Code, to the date

the wages are paid in full.

(Added by Proposition L, 11/4/2003; Ord. 205-06, File No. 060247,

App. 7/25/2006)

*SEC. 12R.8. WAIVER THROUGH COLLECTIVE BARGAINING.*

All or any portion of the applicable requirements of this Chapter

shall not apply to Employees covered by a bona fide collective

bargaining agreement to the extent that such requirements are

expressly waived in the collective bargaining agreement in clear and

unambiguous terms.

(Added by Proposition L, 11/4/2003)

*SEC. 12R.9. RELATIONSHIP TO OTHER REQUIREMENTS.*

This Chapter provides for payment of a minimum wage and shall not be

construed to preempt or otherwise limit or affect the applicability

of any other law, regulation, requirement, policy or standard that

provides for payment of higher or supplemental wages or benefits, or

that extends other protections including, but not limited to, the

San Francisco Minimum Compensation Ordinance.

(Added by Proposition L, 11/4/2003)

*SEC. 12R.10. APPLICATION OF TO WELFARE-TO-WORK PROGRAMS.*

The Minimum Wage established pursuant to Section 4(b) of this

Chapter shall apply to the City's Welfare-to-Work Programs under

which persons must perform work in exchange for receipt of benefits.

Participants in Welfare-to-Work Programs shall not, during a given

benefits period, be required to work more than a number of hours

equal to the value of all cash benefits received during that period,

divided by the Minimum Wage. Where state or federal law would

preclude the City from reducing the number of work hours required

under a given Welfare-to-Work Program, the City may comply with this

Section by increasing the cash benefits awarded so that their value

is no less than the product of the Minimum Wage multiplied by the

number of work hours required.

(Added by Proposition L, 11/4/2003)

*SEC. 12R.11. EFFECTIVE DATE.*

This Chapter shall become effective ninety (90) days after it is

adopted. This Chapter is intended to have prospective effect only.

(Added by Proposition L, 11/4/2003)

*SEC. 12R.12. SEVERABILITY.*

If any part or provision of this Chapter, or the application of this

Chapter to any person or circumstance, is held invalid, the

remainder of this Chapter, including the application of such part or

provisions to other persons or circumstances, shall not be affected

by such a holding and shall continue in full force and effect. To

this end, the provisions of this Chapter are severable.

(Added by Proposition L, 11/4/2003)

*SEC. 12R.13. AMENDMENT BY THE BOARD OF SUPERVISORS.*

This Chapter may be amended by the Board of Supervisors as regards

the implementation or enforcement thereof, but not as regards the

substantive requirements of the Chapter or its scope of coverage.

(Added by Proposition L, 11/4/2003)

*SEC. 12R.14. CIVIL ACTIONS.*

In addition to the actions provided for in Section 12R.7(c), the

City Attorney may bring a civil action to enjoin any violation of

this Chapter. The City shall be entitled to its attorney's fees and

costs in any action brought pursuant to this Section where the City

is the prevailing party.

(Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

*SEC. 12R.15. REMEDIES CUMULATIVE.*

The remedies, penalties and procedures provided under this Chapter

are cumulative and are not intended to be exclusive of any other

available remedies, penalties and procedures.

(Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

*SEC. 12R.16. ADMINISTRATIVE PENALTIES AND CITATIONS.*

(a) Administrative Penalties; Citations. An administrative penalty

may be assessed for a violation of the provisions of this Chapter as

specified below. The penalty may be assessed by means of an

administrative citation issued by the Director of the Office of

Labor Standards Enforcement.

(b) Administrative Penalty Amounts. In addition to all other civil

penalties provided for by law, the following violations shall be

subject to administrative penalties in the amounts set forth below:

VIOLATION *PENALTY AMOUNT*

Failure to maintain payroll records or to retain payroll records for

four years ? Administrative Code Section 12R.5(c) $500.00

Failure to allow the Office of Labor Standards Enforcement to

inspect payroll records ? Administrative Code Section 12R.5(c) $500.00

Retaliation for exercising rights under Minimum Wage Ordinance ?

Administrative Code [Section] 12R.6 $500.00

The penalty amounts shall be increased cumulatively by fifty percent

(50%) for each subsequent violation of the same provision by the

same employer or person within a three (3) year period. The maximum

penalty amount that may be imposed by administrative citation in a

calendar year for each type of violation listed above shall be

$5,000. In addition to the penalty amounts listed above, the Office

of Labor Standards Enforcement may assess enforcement costs to cover

the reasonable costs incurred in enforcing the administrative

penalty, including reasonable attorneys' fees. Enforcement costs

shall not count toward the $5,000 annual maximum.

(Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

*SEC. 12R.17. VIOLATIONS.*

(a) Separate and Continuing Violations; Penalties Paid Do Not Cure

Violations. Each and every day that a violation exists constitutes a

separate and distinct offense. Each section violated constitutes a

separate violation for any day at issue. If the person or persons

responsible for a violation fail to correct the violation within the

time period specified on the citation and required under Section

12R.18, the Director of the Office of Labor Standards Enforcement

may issue subsequent administrative citations for the uncorrected

violation(s) without issuing a new notice as otherwise required by

Section 12R.18(a). Payment of the penalty shall not excuse the

failure to correct the violation nor shall it bar any further

enforcement action by the City. If penalties and costs are the

subject of administrative appeal or judicial review, then the

accrual of such penalties and costs shall be stayed until the

determination of such appeal or review is final.

(b) Payments to City; Due Date; Late Payment Penalty. All penalties

assessed under Section 12R.16 shall be payable to the City and

County of San Francisco. Administrative penalties and costs assessed

by means of an administrative citation shall be due within thirty

(30) days from the date of the citation. The failure of any person

to pay an administrative penalty and costs within that time shall

result in the assessment of an additional late fee. The amount of

the late fee shall be ten (10) percent of the total amount of the

administrative penalty assessed for each month the penalty and any

already accrued late payment penalty remains unpaid.

person to pay a penalty assessed by administrative citation under

Section 12R.16 within the time specified on the citation constitutes

a debt to the City. The City may file a civil action, create and

impose liens as set forth below, or pursue any other legal remedy to

collect such money.

(d) Liens. The City may create and impose liens against any property

owned or operated by a person who fails to pay a penalty assessed by

administrative citation. The procedures provided for in Chapter XX

of Chapter 10 of the San Francisco Administrative Code shall govern

the imposition and collection of such liens.

(Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

*SEC. 12R.18. ADMINISTRATIVE CITATION; NOTICE OF VIOLATION.*

(a) Notice and Opportunity to Cure. The Director of the Office of

Labor Standards Enforcement ("Director") or his or her designee

shall notify any person in violation of the Code provisions

identified in Section 12R.16(b) of such violation prior to the

issuance of an administrative citation. Regardless of the manner of

service of the notice under Section 12R.19, the Director or his or

her designee may post the notice of violation by affixing the notice

to a surface in a conspicuous place on property that is (1) the

person's principal place of business in the City, or (2) if the

person's principal place of business is outside the City, the fixed

location within the City from or at which the person conducts

business in the City, or (3) if the person does not regularly

conduct business from a fixed location in the City, one of the

following: (i) the location where the person maintains payroll

records if the notice of violation is for violation of Section

12R.5(c), or (ii) the jobsite or other primary location where the

person's employees perform services in the City at the time the

notice is posted. The notice of violation shall specify the action

required to correct or otherwise remedy the violation(s). The person

or persons responsible for the violation shall be allowed not less

than ten (10) days from the date of the notice of violation to

establish that no violation occurred or such person or persons are

not responsible for the violation, or correct or otherwise remedy

the violation; provided, however, that the Director may, in his or

her discretion, assign a longer period, not to exceed twenty-one

(21) days, within which to correct or otherwise remedy each

violation, or establish that no violation occurred or such person or

persons are not responsible for the violation. The Director may

consider the cost of correction and the time needed to obtain

information, documents, data and records for correction in assigning

a specific period of time within which to correct or otherwise

remedy each violation, or obtain and submit evidence that no

violation occurred or such person or persons are not responsible for

the violation.

(b) Issuance of Citation. If the person or persons responsible for

the violation fail to comply with any portion of a notice of

violation within the time provided, the Director may issue an

administrative citation to the violator. The administrative citation

shall be issued on a form prescribed by the Office of Labor

Standards Enforcement.

(Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

*SEC. 12R.19. ADMINISTRATIVE CITATION AND NOTICE OF VIOLATION;

SERVICE.*

Service of a notice of violation and an administrative citation

under Section 12R.16 may be accomplished as follows:

(a) The Director or his or her designee may obtain the signature of

the person responsible for the violation to establish personal

service of the citation; or

(b) (1) The Director or his or her designee shall post the citation

by affixing the citation to a surface in a conspicuous place on the

property described in Section 12R.18. Conspicuous posting of the

citation is not required when personal service is accomplished or

when conspicuous posting poses a hardship, risk to personal health

or safety or is excessively expensive; and

(2) The Director or his or her designee shall serve the citation by

first class mail as follows:

(i) The administrative citation shall be mailed to the person

responsible for the violation by first class mail, postage prepaid,

with a declaration of service under penalty of perjury; and

(ii) A declaration of service shall be made by the person mailing

the administrative citation showing the date and manner of service

by mail and reciting the name and address of the person to whom the

citation is issued; and

(iii) Service of the administrative citation by mail in the manner

described above shall be effective on the date of mailing.

(Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

*SEC. 12R.20. ADMINISTRATIVE CITATION; CONTENTS.*

The administrative citation under Section 12R.16 shall include all

the following:

(1) A description of the violation;

(2) The date and location of the violation(s) observed;

(3) A citation to the provisions of law violated;

(4) A description of corrective action required;

(5) A statement explaining that each day of a continuing violation

may constitute a new and separate violation;

(6) The amount of administrative penalty imposed for the violation(s);

(7) A statement informing the violator that the fine shall be paid

to the City and County of San Francisco within thirty (30) days from

the date on the administrative citation, the procedure for payment,

and the consequences of failure to pay;

(8) A description of the process for appealing the citation,

including the deadline for filing such an appeal; and

(9) The name and signature of the Director.

(Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

*SEC. 12R.21. ADMINISTRATIVE APPEAL.*

(a) Period of Limitation for Appeal. Persons receiving an

administrative citation may appeal it within fifteen (15) days from

the date the citation is served. The appeal must be in writing and

must indicate a return address. It must be accompanied by the

penalty amount, specifying the basis for the appeal in detail, and

must be filed with both the Office of Labor Standards Enforcement

and the Controller's Office as indicated in the administrative

citation.

(b) Hearing Date. As soon as practicable after receiving the written

notice of appeal and the penalty amount, the Controller or his or

her designee shall promptly select a hearing officer (who shall not

be an employed in the Office of Labor Standards Enforcement) to hear

and decide the administrative appeal. The hearing officer shall fix

a date, time and place for the hearing on the appeal. Written notice

of the time and place for the hearing may be served by first class

mail, at the return address indicated on the written appeal. Service

of the notice must be made at least ten (10) days prior to the date

of the hearing to the person appealing the citation. The hearing

shall be held no later than thirty (30) days after service of the

notice of hearing, unless that time is extended by mutual agreement

of the parties.

person with an interest in property affected by the administrative

citation, or other person responsible for a violation, to receive a

properly addressed notice of the hearing shall not affect the

validity of any proceedings under this Chapter. Service by first

class mail, postage prepaid, shall be effective on the date of mailing.

(d) Failure to Appeal. Failure of any person to file an appeal in

accordance with the provisions of this Section or to appear at the

hearing shall constitute a failure to exhaust administrative

remedies and a forfeiture of the penalty amount previously remitted.

(e) Submittals for the Hearing. No later than five (5) days prior to

the hearing, the person to whom the citation was issued and the

Office of Labor Standards Enforcement shall submit to the hearing

officer, with simultaneous service on the opposing party, written

information including, but not limited to, the following: the

statement of issues to be determined by the hearing officer and a

statement of the evidence to be offered and the witnesses to be

presented at the hearing.

(f) Conduct of Hearing. The hearing officer appointed by the

Controller or the Controller's designee shall conduct all appeal

hearings under this Chapter. The Office of Labor Standards

Enforcement shall have the burden of proof in such hearings. The

hearing officer may accept evidence on which persons would commonly

rely in the conduct of their serious business affairs, including but

not limited to the following:

(1) A valid citation shall be prima facie evidence of the violation;

(2) The hearing officer may accept testimony by declaration under

penalty of perjury relating to the violation and the appropriate

means of correcting the violation;

(3) The person responsible for the violation, or any other

interested person, may present testimony or evidence concerning the

violation and the means and time frame for correction.

The hearing shall be open to the public and shall be tape-recorded.

Any party to the hearing may, at his or her own expense, cause the

hearing to be recorded and transcribed by a certified court

reporter. The hearing officer may continue the hearing and request

additional information from the Office of Labor Standards

Enforcement or the appellant prior to issuing a written decision.

(g) Hearing Officer's Decision; Findings. The hearing officer shall

make findings based an the record of the hearing and issue a

decision based on such findings within fifteen (15) days of

conclusion of the hearing. The hearing officer's decision may uphold

the issuance of a citation and penalties stated therein, may dismiss

a citation, or may uphold the issuance of the citation but reduce,

waive or conditionally reduce or waive the penalties stated in a

citation or any late fees assessed if mitigating circumstances are

shown and the hearing of officer finds specific grounds for

reduction or waiver in the evidence presented at the hearing. The

hearing officer may impose conditions and deadlines for the

correction of violations or the payment of outstanding civil

penalties. Copies of the findings and decision shall be served upon

the appellant and the Office of Labor Standards Enforcement by

certified mail.

(h) Hearing Officer's Decision. The decision of the hearing officer

is final. If the hearing officer concludes that the violation

charged in the citation did not occur or that the person charged in

the citation was not the responsible party, the Office of Labor

Standards Enforcement shall refund or cause to be refunded the

penalty amount to the person who deposited such amount. The hearing

officer's decision shall be served on the appellant by certified mail.

(Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

*SEC. 12R.22. REGULATIONS.*

The Office of Labor Standards Enforcement may promulgate and enforce

rules and regulations, and issue determinations and interpretations

relating to the administrative penalty and citation system pursuant

to Sections 12R.16 through 12R.20, inclusive. The Controller may

promulgate and enforce rules and regulations, and issue

determinations and interpretations relating to the conduct of

administrative appeals under Section 12R.21. Any rules and

regulations promulgated by the Office of Labor Standards Enforcement

or Controller shall be approved as to legal form by the City

Attorney, and shall be subject to not less than one noticed public

hearing. The rules and regulations shall become effective 30 days

after receipt by the Clerk of the Board of Supervisors, unless the

Board of Supervisors by resolution disapproves or modifies the

regulations. The Board of Supervisors' determination to modify or

disapprove a rule or regulation submitted by the Office of Labor

Standards Enforcement or Controller shall not impair the ability of

the Office of Labor Standards Enforcement or Controller to resubmit

the same or similar rule or regulation directly to the Board of

Supervisors if the Office of Labor Standards Enforcement or

Controller determines it is necessary to effectuate the purposes of

this Chapter.

(Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

*SEC. 12R.23. JUDICIAL REVIEW.*

(a) Procedures. After receipt of the decision of the hearing officer

under Section 12R.21, the appellant may file an appeal with the

superior court pursuant to California Government Code Section

53069.4. The appeal shall be submitted within twenty (20) days of

the date of mailing of the hearing officer's decision, with the

applicable filing fee. The appeal shall state the reasons the

appellant objects to the findings or decision.

(b) Review. The superior court shall conduct a de novo hearing,

except that the contents of the Office of Labor Standards

Enforcement's file (excluding attorney client communications and

other privileged or confidential documents and materials that are

not discoverable or may be excluded from evidence in judicial

proceedings under the Evidence Code, Civil Code, Code of Civil

Procedure or other applicable law) shall be received into evidence.

A copy of the notice of violation and imposition of penalty shall be

entered as prima facie evidence of the facts stated therein.

($25.00). If the court finds in favor of the appellant, the amount

of the fee shall be reimbursed to the appellant by the City and

County of San Francisco. Any deposit of penalty shall be refunded by

the City and County of San Francisco in accordance with the judgment

of the court.

(Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

*SEC. 12R.24. OTHER REMEDIES NOT AFFECTED.*

The administrative citation procedures established in this Chapter

shall be in addition to any other criminal, civil, or other remedy

established by law which may be pursued to address violations of

this Chapter. An administrative citation issued pursuant to this

Chapter shall not prejudice or adversely affect any other action,

civil or criminal, that may be brought to abate a violation or to

seek compensation for damages suffered.

(Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

*SEC. 12R.25. OUTREACH.*

The Office of Labor Standards Enforcement shall establish a

community-based outreach program to conduct education and outreach

to employees.

(Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

*SEC. 12R.26. REPORTS.*

The Office of Labor Standards Enforcement shall provide annual

reports to the Board of Supervisors on the implementation of the

Minimum Wage Ordinance.

(Added by Ord. 205-06, File No. 060247, App. 7/25/2006)

San Francisco Living Wage Coalition

It's Time for A Living Wage

Minimum Wage Ordinance