§ 11-22 Settlements.
RCNY § 11-22
(a)General. The Department may settle a complaint at any time after it is referred to the Department. The Department is authorized to determine the terms of settlement, taking into account: (1) the facts of the complaint, (2) the interests of the City in ensuring compliance with the Living Wage Law, (3) the interests of the complainant(s), (4) the Covered Employer or Additional Covered Employer's history of compliance with the Living Wage Law, (5) the size of the Covered Employer or Additional Covered Employer, (6) the good faith of the Covered Employer or Additional Covered Employer, (7) the Covered Employer or Additional Covered Employer's compliance with record-keeping and notice requirements, and, (8) any other factors relevant to achieving a fair and reasonable settlement. Prior to settling any complaint, the Department shall provide each complainant with notice of the proposed settlement.
(b)Filing of Settlement Agreements. Every agreement settling a Case, complaint or investigation shall be in writing and shall be deemed an "order" for purposes section 5 of subdivision g of the Living Wage Law.
(c)Complainants. The Department may settle a complaint or Case with a Covered Employer or Additional Covered Employer with or without the consent of the applicable complainant(s). The Department may dismiss a Case in the event the complainant refuses to accept the relief in a proposed settlement, but such dismissal shall not preclude a complainant from commencing a civil action.
(d)Private Settlements. A complainant and a Covered Employer or Additional Covered Employer may resolve a complaint through a private settlement without authorization from the Department, but the settlement shall not preclude (1) the Department from commencing, prosecuting or settling a Case concerning the complaint or other potential violations by the Covered Employer or Additional Covered Employer of the Living Wage Law, or (2) the City or City Economic Development Entity from enforcing its remedies under any contract with the Covered Employer. (Added City Record 9/15/2016, eff. 10/15/2016)
