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§ 9-4110. Enforcement.

(1) An employee or other person may report to the Agency any suspected violation of this Chapter.

(2) The Agency is authorized to take such steps as deemed appropriate to resolve complaints and enforce this Chapter, including, but not limited to, establishing a system to receive complaints regarding non-compliance with this Chapter, investigating alleged violations in a timely manner, and resolving complaints through mediation.

(3) Any person alleging a violation of this Chapter shall file a complaint with the Agency within a year of the date the person knew or should have known of the alleged violation. The Agency shall maintain confidential the identity of any complainant unless disclosure of such complainant's identity is necessary for resolution of any investigation by the Agency, or otherwise required by law. The Agency shall, to the extent practicable, notify such complainant that the Agency will be disclosing his or her identity prior to such disclosure.

(4) Upon receiving a complaint alleging a violation of this Chapter, the Agency shall investigate such complaint and, if appropriate, attempt to resolve it through mediation. The Agency shall keep complainants reasonably notified regarding the status of their complaint and any resulting investigation and shall notify complainants of any final decision of the Agency, including any mediation result, with respect to the complaint. Whenever the Agency finds that a violation of this Chapter has occurred, it shall issue to the offending employer a notice of violation, and offer the employer a chance to remedy the violation within sixty (60) days of the issuance of the notice of violation.

(5) The Agency shall have the power to impose penalties and fines for violation of this Chapter and to provide or obtain appropriate relief, including reinstatement. It shall be a Class II offense under Section 1-109(2) of this Code whenever (i) sick time is taken by an employee and is not compensated by the employer as required by this Chapter; (ii) sick time is requested by an employee but unlawfully denied by the employer and not taken by the employee; or (iii) an employee is retaliated against in any way other than discharge from employment. It shall be a Class III offense under Section 1-109(3) for an employer to discharge an employee in retaliation for activity protected under this Chapter. Remedies shall include full restitution to the employee for lost wages and benefits.

(6) The Agency, the City Solicitor, any person aggrieved by a violation of this Chapter, or any entity a member of which is aggrieved by a violation of this Chapter may bring a civil action in a court of competent jurisdiction against an employer violating this Chapter, except that a person aggrieved by a violation of this Chapter shall first file a complaint with the Agency as provided in this Section 9-4110, and shall have the right to bring a civil action after receiving notification of a final decision from the Agency, or 180 days after filing the complaint if no final decision has been rendered by the Agency within that time. Notwithstanding the preceding sentence, for the first 120 days after the effective date of the ordinance enacting this Chapter, any such action may be brought without first filing an administrative complaint, unless the Agency shortens such period by regulation.

(a) Upon prevailing in an action brought pursuant to this Section, an aggrieved person shall recover the full amount of any unpaid sick time to which he or she would have been entitled under this Chapter, any wages and benefits lost or other damages suffered as the result of the employer's violation of this Chapter, and an equal amount, up to a maximum of $2,000, as liquidated damages. An aggrieved person shall also be entitled to reasonable attorney's fees.

(b) Upon prevailing in an action brought pursuant to this Section, an aggrieved person shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation, including, without limitation, reinstatement in employment, back pay and injunctive relief.

(c) The City Solicitor may bring a civil action to enforce this Chapter. The City Solicitor may seek injunctive relief. In addition to injunctive relief, or in lieu thereof, for any employer or other person found to have willfully violated this Chapter, the City Solicitor may seek to impose a fine payable to the City.

(d) The limitations period for a civil action brought pursuant to this Section shall be two (2) years from the date the alleged violation occurred.

(e) An action pursuant to this Section may be brought as a class action pursuant to the laws of Pennsylvania.

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