A. It shall be unlawful for an Employer or any other party to discriminate in any manner or take any adverse action (including action relating to any term, condition or privilege of employment) against any person in retaliation for exercising rights protected under this Chapter. Rights protected under this Chapter include, but are not limited to: the right to be paid the specified minimum wage; the right to receive a distribution of hospitality service charges as specified; the right to file a complaint or inform any person about any party’s alleged noncompliance with this Chapter; and the right to inform any person of their potential rights under this Chapter or otherwise educate any person about this Chapter or to assist them in asserting such rights.

B. No Employer may fund increases in compensation required by this Chapter, nor otherwise respond to the requirements of this Chapter, by reducing the compensation of any non-management Employee, nor by reducing vacation, or other non-wage benefits of any such Employees, nor by increasing charges to them for parking, meals, uniforms or other items unless the Employer demonstrates that its cost for such items have increased by the commensurate amount. If an Employer makes such adverse changes after this Chapter has become effective, then upon this Chapter’s effective date, such Employer shall restore the conditions of the status quo ante. This section shall not apply to medical benefits.

C. Protections of this Chapter shall apply to any person who mistakenly, but in good faith, alleges noncompliance with this Chapter. Evidence that an Employer has taken adverse action against a person within ninety (90) days of the person’s exercise of rights protected under this Chapter shall raise a rebuttable presumption that the Employer’s action was retaliatory for the exercise of such rights. "Rebuttable presumption," as used in this section, means that a trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence. Failure to comply with this provision shall render the Employer subject to administrative citation, pursuant to Section 90, Subsection A, of this Chapter. (Ord. 7505-NS § 1 (part), 2016: Ord. 7352-NS § 1 (part), 2014)