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30-03 New Chpt 113 Living Wage
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30-03 New Chpt 113 Living Wage
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Last modified
5/14/2013 3:02:48 PM
Creation date
8/7/2003 7:38:34 AM
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Office Of Council
Document Type
Ordinances
Date
8/7/2003
Date Adopted
7/21/2003
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Any Covered Employer or Employee who objects to any decision of the <br />Director of the Applicable Department relative to enforcement of this Chapter <br />may appeal such decision to the Common Pleas Court or as otherwise permitted <br />by law. <br /> <br />(i) Sanctions. <br /> <br /> Any Covered Employer found not to be in compliance with the provisions <br />of this Chapter, who has submitted false or fraudulent information, or who fails <br />to cooperate in an investigation or an audit pursuant to this section, may be <br />subject to one or more of the following sanctions imposed by the City of <br />Lakewood: <br /> <br />(1) Withholding of payments, either in whole or in part, until the Covered <br /> Employer cures the default or is in full compliance with this chapter. <br /> <br />(2) Termination, suspension or cancellation of the contract in whole or in <br /> part. <br /> <br />(3) Denial of the dght of the Covered Employer to bid on future contracts <br /> for no more than five (5) years after the violation is found. <br /> <br />(4) Tn the case of Assistance, to refund any sums disbursed by the City. <br /> <br />(5) The filing of a complaint with any pertinent federal agency. <br /> <br /> No remedy set forth in this Chapter is intended to be exclusive or a <br />prerequisite for asserting a claim for relief to enforce any rights granted under <br />this chapter in a court of law. <br /> <br />O) Retaliation and Discrimination Barred. During the term of the contract, a <br />Covered Employer shall not discharge, reduce the compensation or otherwise <br />discriminate against any employee for making a complaint to the City or <br />otherwise asserting his or her rights under this chapter, participating in any of its <br />proceedings or using any remedies to enforce his or her rights under this <br />Chapter. A person who believes he or she has been retaliated against in <br />violation of this section may file a charge of noncompliance with the Applicable <br />Department. Such charge shall be processed, investigated and, if necessary, <br />conciliated and heard according to the procedure set forth in this Chapter. Tf, <br />after a hearing, the allegations of retaliation are found to be true, the Director of <br />the Applicable Department shall order appropriate sanctions, including the denial <br />of the right to bid on future City contracts for a specified time period, as <br />provided in subsection (i) in this section. <br /> <br />(k) This Chapter shall not prevent the City or any person from exercising any <br />right or seeking any remedy to which that person might otherwise be entitled, or <br />from filing any complaint with any other agency or court of law or equity. <br /> <br />113.06 EXEMPTIONS. <br /> <br />(a) Construction and Prevailing-Wage Exemption. <br /> <br /> Nothing in this Chapter shall apply to jobs in public construction work <br />that are subject to federal and/or state law pertaining to wage rates or covered <br />by prevailing wage agreements or collective bargaining agreements. <br /> <br />(b) Granted Exemptions. <br /> <br /> <br />
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