§ 15-62. Wage theft complaint involving city contracts; procedures.

(a)

A person employed in connection with a city contract who has a good faith belief that he is the victim of wage theft may file a wage theft complaint with the Inspector General on a form prescribed by the IG.

(b)

The IG shall first determine whether a wage theft complaint alleges wage theft as defined in this article and, if the complaint is found deficient in that regard, shall dismiss the complaint. A complaint shall likewise be dismissed, and the complainant referred to the commission, if no city contract is involved in the complaint. No record shall be maintained relating to any complaint dismissed under this section.

(c)

If the IG is satisfied that a complaint alleges sufficient facts to support further inquiry, the complaint shall be investigated in a manner consistent with similar investigations of employee misconduct or other matters by a person trained in employment law, including the taking of sworn statements from the complainant and the employer's personnel and the inspection of relevant records.

(d)

Upon completion of the investigation of a wage theft complaint, the IG shall determine whether the complaint is meritorious and sustain or dismiss the complaint.

(e)

In the event a wage theft complaint is sustained, the IG shall affirmatively seek to resolve the complaint via payment of wages due the complainant by the employer.

(f)

The city or the employer may request that the complaint be resolved by mediation.

(g)

If no resolution is achieved, the complainant shall be referred to the commission unless the same claim is then on file with that agency. The matter shall also be referred to the city attorney for appropriate action in the best interests of the city.

(h)

Should the IG determine, with respect to a wage theft complaint, that the complainant also filed the same complaint with the commission, the IG shall seek to determine status of the complaint at the commission and, if it appears that the commission may conclude its action on that complaint within a reasonable period of time, may abate his review or investigation pending the final resolution of the complaint by the commission.

(Ord. No. 2013-1081, § 4, 11-20-2013)