Santa Monica Municipal Code Ch. 4.64 Employer Retaliation Against Employees Who Support the Adoption Of…

It shall be unlawful for any person to discharge or demote, or otherwise penalize, an employee for supporting or opposing legislation governing wages or employee benefits.

(Added by Ord. No. 1970CCS §§ 1, 2, adopted 4/11/00; amended by Ord. No. 1972CCS § 1(1), adopted 5/2/2000)

(a) Criminal Penalty. Any person who is convicted of violating this Chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not greater than five hundred dollars or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.

(b) Civil Action. Any person, including the City, may enforce the provisions of this Chapter by means of a civil action.

(c) Injunction. Any person who commits an act, proposes to commit an act, or engages in any pattern and practice which violates this Chapter may be enjoined therefrom by any court of competent jurisdiction. Such an injunction may compel an employer to reinstate an employee, furnish back pay or forward pay, furnish lost benefits, or take any other action necessary to make an aggrieved employee whole. An action for injunction under this Chapter may be brought by any aggrieved person, by the City Attorney, or by any person or entity who will fairly and adequately represent the interest of the protected class.

(d) Other Penalties. Any person who violates or aids or incites another person to violate the provisions of this Chapter is liable for each and every such offense for the actual damages suffered by any aggrieved party, for statutory damages in the sum of five hundred dollars per occurrence, and for such attorney's fees and costs as may be determined by the court in addition thereto. The court may also award punitive damages in a proper case as defined by Civil Code Section 3294. The burden of proof for purposes of punitive damages shall be clear and convincing evidence.

(e) Nonexclusive Remedies and Penalties. The remedies provided in this Chapter are not exclusive, and nothing in this Chapter shall preclude any person from seeking any other remedies, penalties or procedures provided by law.

(Added by Ord. No. 1970CCS §§ 1, 2, adopted 4/11/00; amended by Ord. No. 1972CCS § 1(2), adopted 5/2/2000)

In any civil proceeding brought under this Chapter, if the plaintiff establishes that he or she or the subject worker was employed by the defendant, advocated for or against minimum wages or benefits, was thereafter terminated, demoted or otherwise penalized by the defendant, and that action took place within sixty days after such advocacy, then a rebuttable presumption shall arise that the employer's action was taken in retaliation for the exercise of rights protected by this Chapter. The defendant shall then have the burden of proving a legitimate, non-retaliatory reason for the action.

(Added by Ord. No. 1972CCS § 1(3), adopted 5/2/2000; Ord. No. 2029CCS, adopted 11/13/01)