§ 25-4. Procedures for wage theft complaints.

(a)

Complaint.

(1)

Threshold amount. In order for a complaint to be submitted to the county by, or on behalf of, an aggrieved employee, that employee must allege a wage theft violation in which the unpaid wages are equal to no less than the threshold amount.

(2)

An aggrieved employee, or their representative, must file a written, signed complaint with the county no later than one (1) year from the date wages were due to be paid for work performed for a respondent employer with regard to which the employee alleges a violation of this chapter has occurred. This limitation period may be tolled while the employee is unaware of the violation, so long as the employee could not reasonably have discovered the violation. If the alleged non-payment of earned wages violation is ongoing at the time of the filing of the complaint, the compliant may also seek recovery of amount that accrue after the filing of the complaint.

(3)

A complaint must set forth facts sufficient to identify at least one (1) respondent and to demonstrate an allegation of wage theft within the time for filing a complaint and that the threshold amount has been met.

(b)

Response to complaint.

(1)

Upon the filing of any complaint, the county shall promptly determine that the complaint identifies at least one (1) respondent, meets the threshold amount criterion, and alleges wage theft within the time for filing a complaint.

(2)

If the complaint is deficient, the county shall provide the employee notice of the deficiency and an opportunity to amend the complaint. If amended within twenty (20) days, the amended complaint shall relate back to the original filing date.

(3)

If the compliant is sufficient, a written explanation of the respondent's rights and liabilities under this chapter including the right to a hearing, and a copy of this chapter shall be delivered to respondent.

(4)

Each respondent shall file an answer to the complaint with the county not later than twenty (20) days after receipt of the complaint and notice from the county.

(c)

Conciliation.

(1)

It is the policy of the county to encourage informal resolution of charges. If possible, a written conciliation agreement resolving the dispute between the complainant and the respondent shall be executed prior to the referral of the matter to a hearing officer.

(2)

Nothing said or done in the course of attempting conciliation under this chapter may be used as evidence in any subsequent proceeding under this chapter or otherwise without the written consent of the parties to the underlying charge of violation.

(3)

A conciliation agreement is enforceable by filing a civil action in a court of competent jurisdiction. In such an action, a prevailing party shall be entitled to reasonable attorney's fees and costs.

(Ord. No. 2015-21, § 1, 3-16-15)