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04/12/2021 any employee who mistakenly, but in good faith, alleges noncompliance with this Ordinance. Taking adverse action against an employee, including lowering an employee's Base Wage or Holiday Premium Wages or reducing work hours, within 90 days of the employee's exercise of rights protected under this Ordinance shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights. Section 11. Enforcement. (a) A Covered Employee claiming harm from a violation of this Ordinance may bring an action against the Covered Employer in court to enforce the provisions of this Ordinance and shall be entitled to all remedies available to correct any violation of this Ordinance, including, but not limited to, back pay, reinstatement, injunctive relief, or civil penalties as provided herein. A Covered Employee who is a prevailing party in an action to enforce this Ordinance is entitled to an award of reasonable attorney's fees, witness fees and costs. (b) The remedies for violation of this Ordinance include, but are not limited to: (1) Reinstatement, the payment of back wages unlawfully withheld, and payment of an additional sum as a civil penalty in the amount of Fifty Dollars ($50) to each employee whose rights under this Ordinance were violated for each day or portion thereof that the violation occurred or continued, and fines imposed pursuant to other provisions of State law. (2) Interest on all due and unpaid wages at the rate of interest specified in subdivision (b) of Section 3289 of the California Civil Code, as amended by state law, which shall accrue from the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2 of the California Labor Code, as amended by state law, to the date the wages are paid in full. (c) The remedies, penalties and procedures provided under this Ordinance are not exhaustive and are not intended to be exclusive of any other available remedies, penalties and procedures. Section 12. Records. Covered Employers shall keep records necessary to demonstrate compliance with this Ordinance, including but not limited to payroll records for each employee that specifies the name, amount of compensation paid, hours worked, and pay rate. Such records for each employee shall include factual support, and accompanying evidence that an employee can understand, demonstrating whether or not certain employees qualify as Covered Employees. Covered Employers shall retain such records at the place of employment or in a central records office for a period of three (3) years, and shall provide each employee with a copy of the records relating to such employee upon the employee's reasonable request. Section 13. Conflict. Nothing in this Ordinance shall be interpreted or applied to create any power or duty in conflict with any federal or state law. The term "conflict" means a conflict that is preemptive under federal or state law. ATTY/ORD.534/CC ORD URGENCY HAZARD PAY ORDINANCE 2492 REV: 04-06-2021 VR MUF NO. 305 Page 7 of 9