San Francisco County Municipal Code § 106.7 Remedies

VIOLATION. No later than 30 days after receipt of a Determination of Violation or, in the case of an Appeal, no later than 30 days after an adverse final determination by the Hearing Officer, the Contractor and/or Subcontractor shall comply with the Determination of Violation by paying the amounts due for back wages and any penalty amount as set forth in the Determination of Violation or final determination. The Contractor and/or Subcontractor shall, in addition, be subject to the penalties set forth in Section 106.1, including debarment. If any Contractor and/or Subcontractor fails to pay the amounts required under this Section 106.7 within the required 30 days, the following shall apply: (a) The City may bring a civil action in a court of competent jurisdiction against the non-complying party and, upon prevailing, shall be entitled to such legal and equitable relief as may be appropriate to remedy the violation including, without limitation: (i) damages in the amount of back wages and any penalty amounts due to workers for violation of the Prevailing Wage requirement, which amounts the City shall, on receipt, distribute to workers following the procedures in Section 106.6; and (ii) an award of reasonable attorney’s fees and costs. (b) For a Covered Real Estate Project, each worker entitled to back pay, as set forth in the Determination of Violation or, where a Hearing Officer has decided the matter, as set forth in the decision of the Hearing Officer, may bring a civil action in a court of competent jurisdiction against the non-complying party and, upon prevailing, shall be entitled to such legal and equitable relief as may be appropriate to remedy the

violation including, without limitation: (i) damages in the amount of back wages due to such workers for violation of the prevailing wage and/or penalties due for violation of the apprenticeship requirements; and (ii) an award of reasonable attorney’s fees and costs. An employee organization that formally represents a worker or workers entitled to bring a civil action under this subsection 106.7(b) may do so on behalf of the worker or workers, with the same range of possible legal and equitable relief, including attorney’s fees, as would be available in an action brought by the worker or workers. (Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)