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A. Every Employer shall post in a conspicuous place at any workplace or job site in the City where any Employee works, the notice published each year by the City informing Employees of their Paid Sick Leave rights under this Chapter. Every Employer shall post such notices in any language spoken by at least five percent of the Employees at the work-place or job site. In instances where an Employee does not have a regular physical location where they perform their work, the Employer shall provide a copy of the Paid Sick Leave public notice to the Employee when they are hired or assigned to complete work within the City of Berkeley. The notice shall be provided to the employee before they commence work within the City limits and must be provided in the language most easily comprehended by the Employee. Failure to post such notice shall render the Employer subject to administrative citation pursuant to Section 13.100.080.B of this Chapter.

B. Employers shall retain payroll records pertaining to Employees for a period of four years, and shall allow the City access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this Chapter. Where an Employer does not maintain or retain adequate records documenting accrued paid sick leave or does not allow the City reasonable access to such records, the Employee’s account of how much they were paid shall be presumed to be accurate, absent clear and convincing evidence otherwise. Furthermore, failure to maintain such records or to allow the City reasonable access shall render the Employer subject to administrative citation, pursuant to Section 13.100.080.B of this Chapter. Such records shall include the amount of hours worked, wages paid, and Paid Sick Leave accrued.

C. If a violation of this Chapter has been finally determined, the City shall require the Employer to post public notice of the Employer’s failure to comply in a form determined by the City. Failure to post such notice shall render the Employer subject to administrative citation, pursuant to Section 13.100.080.B of this Chapter.

D. Reporting of Paid Sick Leave. Employers shall include the number of hours of Paid Sick Leave accrued to date in such records that they provide to Employees at the end of each pay period. Failure to provide such records shall render the Employer subject to administrative citation, pursuant to Section 13.100.080.B, of this Chapter. (Ord. 7505-NS § 2 (part), 2016)