Label
Amending TMC 796
Finance
Dan Morey (x1663)
Revised
Title
Repealing Toledo Municipal Code Sections 796.02 and 796.04 and enacting new Toledo Municipal Code Sections 796.02 and 796.04; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
This Ordinance repeals and enacts new TMC Sections 796.02 and 796.04 in order to clarify and update the fine schedule and to correct reference errors. TMC Chapter 796 addresses employer wage and tip compensation requirements.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code Section 796.02 which reads as follows:
796.02. Notice and posting.
(a) Employers shall comply with the notice requirements of this Section 796.03 by providing written information to employees in English, Spanish, and any other language commonly spoken by employees at the particular workplace. Employers may choose a reasonable method for providing this information to employees, including, but not limited to a letter, paystub for the notice required by subsection (c) of this Section 796.03, or an employee-accessible online system.
(b) At time of hire, or within one pay period prior to any change in employment, employers shall provide written notice to employees that contains the following information:
(1) Name of employer and any trade ("doing business as") names used by the employer;
(2) Physical address of the employer's main office or principal place of business and, if different, a mailing address;
(3) Telephone number of the employer;
(4) Employee's rate or rates of pay;
(5) Employee's tip policy, including any tip sharing, pooling, or allocation policies, if applicable;
(6) Pay basis (e.g. hour, shift, day, week, commission); and
(7) Employee's established pay day for earned wage and tip compensation.
(c) Each time wages and tips are paid, employers shall provide written notice that contains the following information:
(1) Rate or rates of pay;
(2) Tip compensation (if applicable);
(3) Pay basis (e.g. hour, shift, day, week, commission);
(4) Gross wages; and
(5) All deductions for that pay period.
(d) Employers shall provide written notice to employees that they are entitled to the wage and tip compensation rights defined in this section; that retaliation against persons for their exercise of rights defined in this section is prohibited; and that each employee has the right to file a complaint under this section if the employer fails to comply with the wage and tip compensation rights defined in this section or if the employer takes an adverse employment action against a person in retaliation for engaging in activity protected under this section.
(e) Every employer shall also post the notice as required by subsection 796.03(d) in a conspicuous place at any jobsite or workplace where any employee works. The Division of Taxation of the City of Toledo shall create and make available to employers a poster that contains the information required under this subsection 796.03(e) for their use in compliance. The poster shall be available in English, Spanish, and any other languages that the Division of Taxation determines are needed to notify employees of their rights under this section. The employer shall provide the notice required by this subsection in Spanish, English, and any other language commonly spoken by employees at the particular workplace.
is repealed.
SECTION 2. That a new TMC Section 796.02 is enacted to read as follows:
796.02. Notice and posting.
(a) Employers shall comply with the notice requirements of this Section 796.02 by providing written information to employees in English, Spanish, and any other language commonly spoken by employees at the particular workplace. Employers may choose a reasonable method for providing this information to employees, including, but not limited to a letter, paystub for the notice required by subsection (c) of this Section 796.02, or an employee-accessible online system.
(b) At time of hire, or within one pay period prior to any change in employment, employers shall provide written notice to employees that contains the following information:
(1) Name of employer and any trade ("doing business as") names used by the employer;
(2) Physical address of the employer's main office or principal place of business and, if different, a mailing address;
(3) Telephone number of the employer;
(4) Employee's rate or rates of pay;
(5) Employee's tip policy, including any tip sharing, pooling, or allocation policies, if applicable;
(6) Pay basis (e.g. hour, shift, day, week, commission); and
(7) Employee's established pay day for earned wage and tip compensation.
(c) Each time wages and tips are paid, employers shall provide written notice that contains the following information:
(1) Rate or rates of pay;
(2) Tip compensation (if applicable);
(3) Pay basis (e.g. hour, shift, day, week, commission);
(4) Gross wages; and
(5) All deductions for that pay period.
(d) Employers shall provide written notice to employees that they are entitled to the wage and tip compensation rights defined in this section; that retaliation against persons for their exercise of rights defined in this section is prohibited; and that each employee has the right to file a complaint under this section if the employer fails to comply with the wage and tip compensation rights defined in this section or if the employer takes an adverse employment action against a person in retaliation for engaging in activity protected under this section.
(e) Every employer shall also post the notice as required by subsection 796.02(d) in a conspicuous place at any jobsite or workplace where any employee works. The Division of Taxation of the City of Toledo shall create and make available to employers a poster that contains the information required under this subsection 796.02(e) for their use in compliance. The poster shall be available in English, Spanish, and any other languages that the Division of Taxation determines are needed to notify employees of their rights under this section. The employer shall provide the notice required by this subsection in Spanish, English, and any other language commonly spoken by employees at the particular workplace.
SECTION 3. That Toledo Municipal Code Section 796.04 which reads as follows:
796.04. Investigation of employee complaints.
(a) Any employee who believes that their employer has violated any provision of this chapter, or of Section 545.22 ("Wage Theft") of this Code, shall have the right to report such alleged violations to the Division of Taxation of the City of Toledo or its designee.
(b) Upon receiving such complaint, the Division of Taxation or its designee shall investigate to determine whether the allegations more likely than not occurred.
(c) In situations where the allegations are determined to be well-founded, the Division of Taxation may request the Director of Law to institute an appropriate civil action for money damages or injunctive relief. The penalties prescribed in Section 796.06(e) shall not preclude the Director of Law from instituting appropriate legal actions or proceedings to prevent such illegal acts from continuing.
(d) Upon a determination that a violation of this chapter has occurred, the Division of Taxation shall notify the Director of Finance and the Office of Contract Compliance of the violation and impose a civil fine.
(e) The fines imposed on violators of Chapter 796 and/or Section 545.22 for the investigation and prosecution of violations shall be as shown below. If three (3) years occurs between offenses, the violation shall be reduced to the previous fine but shall never be less than a first offense.
(1) First offense: $250.00
(2) Second offense: $500.00
(3) Third offense: $1000.00
(4) Fourth offense: $2500.00
(5) Fifth offense and any subsequent offenses: $3000.00
(f) The payment of the fines above shall not relieve any employer from their obligations under this or any other section of Toledo Municipal Code.
is repealed.
SECTION 4. That a new TMC Section 796.04 is enacted to read as follows:
796.04. Investigation of employee complaints.
(a) Any employee who believes that their employer has violated any provision of this chapter, or of Section 545.22 ("Wage Theft") of this Code, shall have the right to report such alleged violations to the Division of Taxation of the City of Toledo or its designee.
(b) Upon receiving such complaint, the Division of Taxation or its designee shall investigate to determine whether the allegations more likely than not occurred.
(c) In situations where the allegations are determined to be well-founded, the Division of Taxation may request the Director of Law to institute an appropriate civil action for money damages or injunctive relief. The penalties prescribed in Section 796.04(e) shall not preclude the Director of Law from instituting appropriate legal actions or proceedings to prevent such illegal acts from continuing.
(d) Upon a determination that a violation of this chapter has occurred, the Division of Taxation shall notify the Director of Finance and the Office of Contract Compliance of the violation and impose a civil fine.
(e) The fines imposed on violators of Chapter 796, in addition to fines imposed in Section 545.22, for the investigation and prosecution of violations shall be as shown below. If three (3) years occurs between offenses, the violation shall be reduced to the previous fine but shall never be less than a first offense.
(1) First offense: $500
(2) Second offense: $1,000
(3) Third offense: $2,000
(4) Fourth offense: $5,000
(5) Fifth offense and any subsequent offenses: $6,000
(f) The payment of the fines above shall not relieve any employer from their obligations under this or any other section of Toledo Municipal Code.
SECTION 5. That this Ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that this Ordinance must be immediately effective in order to timely update employer notification processes before January 2026.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council