Complaint and Appeal Process

The Metropolitan Airports Commission (MAC) will respond to every report of a suspected violation of the minimum wage ordinance. It has the sole discretion to determine whether to investigate or to pursue a reported suspected violation of this Ordinance. If the MAC decides not to investigate or otherwise pursue a report of suspected violation, the MAC will provide a written notification to the Employee, or other person who reported a violation, that the MAC is declining to further investigate the report and the reason for declining. If the MAC decides to investigate further, the following steps will be followed:

Complaint Process  

Step 1:  

The MAC has reason to believe a violation has occurred, either through a report filed by an Employee or other person, or through its own compliance activities.   

Step 2:  

The MAC sends the Employer suspected of violating the ordinance a notification of the complaint and requests a response to the allegations. The Employer is asked to provide records of appropriate wage payment as part of its response. 

Step 3: 

The Employer has 21 days to respond to the allegations in the report. A date and time by which the allegations must be responded to will be provided in the request.   

Step 4: 

The MAC conducts an objective and impartial investigation. A fact-finding meeting may occur with the Employer, Employee, or other person who filed the report of a suspected violation, and any of their representatives and/or people who can provide testimony on their behalf. The purpose of the meeting is to better define the issue(s), determine what facts are undisputed, resolve the issue(s) that can be resolved and provide an opportunity to discuss or negotiate how to best resolve the issue(s), including possible financial settlements. 

Step 5:  

If the matter is not settled as part of the fact-finding process, the MAC will provide a written statement that includes the facts that were gathered from the investigation and will state whether a violation of the Ordinance has or has not occurred based on those facts. The “determination of violation” will be provided to the Employer and the Employee or other person who filed the suspected violation report. 

If a violation is determined to have occurred, the “determination of violation” will include what actions the MAC requires of the Employer to rectify the situation, including any fines the Employer must pay and how it must remedy the situation with its Employee (or Employees if the violation covers multiple Employees), up to and including reinstatement of employment, paying the Employee or Employees the wages the they did not receive because of the violation (back pay), compensation payments to the Employee or Employees for damages they may have incurred, interest that may have been lost due to the violation, or other remedies. 

Appeal Process  

An Employee, former Employee, or Employer may appeal a determination of violation or penalty by filing an appeal with the MAC’s Human Resources and Labor Relations Department within twenty-one (21) days of notice of the determination of violation. (A date and time by which the appeal must be received will be provided with the “determination of violation”) If an Employer does not file a written appeal on or before that time the Employer is deemed to have admitted to the violation, and the violation is recorded as such .  

Step 1: 

After receipt of a timely appeal, the MAC will refer the matter to a Hearing Officer. 

Step 2: 

The Hearing Officer will be provided and will review all records, statements, documents, and files related to the investigation. 

Step 3:  

The Hearing Officer will schedule a formal hearing that will be recorded by a digital recorder or by a qualified legal reporter, and will follow these steps: 

1. The MAC will present evidence supporting its determination. 

2. The party (Employer or Employee or other person submitting the report) requesting the hearing may appear in person, may be represented by legal counsel, may ask questions of the witnesses who are present, and may present any relevant evidence which the party has relating to the facts laid out in the determination of violation. 

3. All testimony is taken after parties have made an oath to tell the truth about the situation, but both the MAC and the party requesting the hearing (Employer, Employee or other person submitting the report) may introduce factual information under oath in the form of written and sworn statements if witnesses are unavailable or refuse to appear in person. 

4. The Director (the person at the MAC responsible for issuing the “determination of violation”) must prove that the Employer violated this Ordinance by providing adequate and satisfactory evidence.  

5. The Hearing Officer will listen to the evidence and will make a determination based on the facts and conclusions of law relevant to the violation(s) contained in the determination of violation and penalty imposed. 

Step 4:  

The Hearing Officer will issue a report in writing stating their findings, conclusions and decision as soon as practical following the hearing. 

Step 5: 

The MAC will notify the Employer and the Employee who filed the suspected violation report at issue of the Hearing Officers’ decision. 

The Hearing Officers’ decision of the appeal is considered the MAC’s final decision. The Employer or Employee will not have the right to appeal the decision.