Any individual or organization may file a complaint with the City Controller for any violation of this section. All complaints may be filed directly to the City Controller’s Office (412-255-2054) or via the website: pittsburghpa.gov/controller/contact
Review and Investigation
The Controller shall review and investigate the complaint and shall make a finding of compliance or noncompliance within sixty (60) days of the complaint being filed, including a determination of whether an employer is covered by the law.
Finding of Noncompliance
If at any time the Controller finds a violation of the law has occurred, it will issue a finding of noncompliance and notice of corrective action to the employer, with a copy to the complaining party.
The finding of noncompliance shall specify the areas of noncompliance, indicate such corrective action as may be necessary to achieve compliance, and impose deadlines for achieving compliance.
Dispute Finding of Noncompliance Hearing
A covered employer may dispute finding of noncompliance and notice of corrective action by requesting a hearing within thirty (30) days of the date of the finding. The Controller will appoint a hearing officer who will affirm or reverse the finding of noncompliance upon evidence presented by the applicable department and covered employer.
*Violation by a subcontractor of a covered employer shall also be deemed a violation by the covered employer. In such case, the covered employer would be afforded all investigation and hearing rights under the same section.
Penalty for any employer willfully noncompliant or failure to pay prevailing wage
If a covered employer has failed to comply for more than sixty (60) days after a notice of corrective action has become final, or if the hearing officer determines that any portion of an employer's dispute is frivolous or brought for delay, the Controller or hearing officer shall order the following penalties and relief:
Should a covered employer, when filling out its certification to the Controller verifying the wages paid to its employees, certify that it has not paid the employee(s) the applicable required prevailing wage, the Controller shall notify the covered employer, in writing, that all unpaid wages due as certified shall be paid to the affected employee(s) within sixty (60) days.
If a covered employer has willfully or more than twice in a 3-year period, failed to comply with the Ordinance, the Controller or hearing officer, in addition to the above sanctions, shall order the following penalties:
Referral for Criminal Investigation
If at any time the Controller or the applicable City department determines a criminal violation may have occurred, the applicable department or the Controller shall refer the matter to the District Attorney for criminal investigation.
The Controller may issue subpoenas to compel the attendance and testimony of witnesses and production of books, papers, records and documents relating to payroll records necessary for hearing, investigations, and proceedings. Disobedience of a subpoena may result in the Controller seeking appropriate relief from the Court.
A COVERED EMPLOYER SHALL NOT DISCHARGE, REDUCE THE COMPENSATION OR OTHERWISE RETALIATE AGAINST ANY EMPLOYEE FOR MAKING A COMPLAINT TO THE COVERED EMPLOYER, ITS AGENTS, THE APPLICABLE DEPARTMENT, OR THE CONTROLLER, TO ENFORCE HIS OR HER RIGHTS UNDER THIS SECTION. THE CONTROLLER SHALL INVESTIGATE ALLEGATIONS OF RETALIATION OR DISCRIMINATION.
IF, AFTER NOTICE AND AN OPPORTUNITY FOR A HEARING, THE ALLEGATIONS ARE FOUND TO BE TRUE, THE CONTROLLER SHALL ORDER APPROPRIATE RELIEF, INCLUDING REINSTATEMENT OF A DISCHARGED EMPLOYEE WITH BACK PAY. A COVERED EMPLOYER MAY DISPUTE A FINDING OF RETALIATION OR DISCRIMINATION BY REQUESTING A HEARING AS NOTED ABOVE.