§ 20-1212 Civil action by corporation counsel for pattern or practice of violations.
AC § 20-1212
Editor's note: this section has been amended by L.L. 2026/052, 1/29/2026, eff. 7/28/2026. a. Cause of action.
1.Where reasonable cause exists to believe that an employer is engaged in a pattern or practice of violations of this chapter, the corporation counsel may commence a civil action on behalf of the city in a court of competent jurisdiction.
2.The corporation counsel shall commence such action by filing a complaint setting forth facts relating to such pattern or practice and requesting relief, which may include injunctive relief, relief for employees set forth in section 20-1208, civil penalties set forth in section 20-1209, and any other appropriate relief.
3.Such action may be commenced only by the corporation counsel or such other persons designated by the corporation counsel.
4.Nothing in this section prohibits (i) the department from exercising its authority under section 20-1207 through 20-1209, or (ii) a person alleging a violation of this chapter from filing a complaint pursuant to section 20-1207 or a civil action pursuant to section 20-1211, or requesting an arbitration proceeding pursuant to section 20-1273 based on the same facts pertaining to such a pattern or practice, provided that a civil action pursuant to this section shall not have previously been commenced. b. Investigation. The corporation counsel may initiate any investigation to ascertain such facts as may be necessary for the commencement of a civil action pursuant to subdivision a of this section, and in connection therewith shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents, to administer oaths and to examine such persons as are deemed necessary. c. Civil penalty. In any civil action commenced pursuant to subdivision a of this section, the trier of fact may impose a civil penalty of not more than $15,000 for a finding that an employer has engaged in a pattern or practice of violations of this chapter. Any civil penalty so recovered shall be paid into the general fund of the city. (L.L. 2017/107, 5/30/2017, eff. 11/26/2017; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020; Am. L.L. 2021/002, 1/5/2021, eff. 7/4/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080, L.L. 2021/002 and L.L. 2026/052.
