A. Compliance with this chapter shall be required in all City contracts to which it applies. Such contracts shall provide that upon a violation of any provision of this chapter the recipient, contractor or subcontractor who is out of compliance shall have thirty days to come into compliance.
Such contracts shall further provide that after 30 days if the recipient, contractor or subcontractor remains out of compliance, the City may terminate the contract and otherwise pursue legal remedies that may be available including the repayment of, or payment for, all or part of the financial assistance provided. If a recipient, contractor, or subcontractor violates the provisions of this chapter twice, the City may terminate all contracts already in force and that recipient, contractor, or subcontractor shall be prohibited from receiving City financial assistance or contracting with the City for a period of two years.
B. An employee claiming violation of this chapter may report such action to the City. The City administrator may establish a procedure for receiving and investigating such complaints and take appropriate enforcement action.
An employee claiming violation of this chapter may choose to bring an action in the Circuit Court of Oregon against an employer and may be awarded back pay for each day during which the employer failed to pay the employee the required living wage. As additional damages the employee shall be awarded an amount equal to an hour’s pay for each hour the employee was not paid the amount required in section 3.12.030 and any additional injunctive relief necessary and appropriate under the circumstances. Notwithstanding the above for employees hired as part-time or seasonal workers [i.e., with a 1040-hour limit per calendar year] back pay shall be limited to an award of the pay differential and penalty commencing with the 1041st hour of employment. The court shall award reasonable attorney’s fees and costs to an employee who prevails in any such enforcement action.
The damage provision of this section shall not apply if such violation was deemed to be unintentional on the part of the employer and the employer paid the required back pay for each day the violation of this chapter occurred.
C. The statute of limitations for this chapter shall be two years from the time of the alleged violation of this chapter. (Ord. 3008, amended, 03/16/2010; Ord. 2875, added, 09/04/2001)