A. If the Employer fails to provide a response to the Employee in accordance with the procedures outlined in BMC Section 13.101.050, or an Employee believes that retaliation as described in Section 13.101.060 has taken place, the Employee may file a complaint with the City on a form provided by the Department. Upon receipt of a complaint, the Department may investigate possible violations of this Chapter. Where the Department has reason to believe that a violation has occurred, the Department shall make every effort to resolve complaints informally, in a timely manner, before initiating an enforcement action.

B. Complaints filed with the Department by City of Berkeley Employees who are not exempt from this Chapter under Sections 13.101.100(a) or 13.101.110, shall be forwarded to the City’s Human Resources Department or to the City Manager or their designee for investigation and resolution under City of Berkeley internal rules and procedures.

C. Where the Department determines that a violation has occurred, it may issue an administrative penalty pursuant to Chapter 1.28. The Department’s finding of a violation shall not be based on the validity of the Employer’s business reason for denying an Employee’s request for a Flexible or Predictable Working Arrangement. Instead, the Department’s review shall be limited to an Employer’s adherence to procedural, posting and documentation requirements, set forth in this Chapter, as well as the validity of any claims under Section 13.101.060.

D. Any Employee affected by their Employer’s willful violation of this Chapter may bring a civil action in a court of competent jurisdiction against the Employer and, upon prevailing, shall be awarded reasonable attorneys’ fees and costs and shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation.

E. The remedies, penalties and procedures provided under this Chapter are cumulative and are not intended to be exclusive of any other available remedies, penalties and procedures established by law which may be pursued to address violations of this Chapter. Actions taken pursuant to this Chapter shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate a violation or to seek compensation for damages suffered. (Ord. 7528-NS § 1 (part), 2017)