2510.
(a) An aggrieved employee or an employee representative, such as a collective bargaining representative or nonprofit corporation, may bring an action in the superior court of the State of California for violations of this part and may be awarded the following:(1) Hiring and reinstatement rights pursuant to this part. For violations of the retention provision, whereupon the 120-day transition employment period shall not commence until the eligible grocery worker’s employment commencement date with the successor grocery employer.
(2) Front pay or back pay for each day during which the violation
continues, which shall be calculated at a rate of compensation not less than the highest of any of the following rates:
(A) The average regular rate of pay received by the employee during the last three years of the employee’s employment in the same job classification.
(B) The most recent regular rate received by the employee while employed by the employer.
(C) The regular rate of pay received by the employee during the last three years of that employee’s employment in the same job classification.
(3) The value of the benefits the employee would have received under any benefit plans.
(4) Punitive damages pursuant to Section 3294 of the Civil Code.
(5) The court shall award reasonable attorney’s fees and costs to any employee or employee representative who prevails in an enforcement action and to an employer who prevails and obtains a court determination that the employee’s lawsuit was frivolous.
(b) The Division of Labor Standards Enforcement shall enforce this section as follows:
(1) An aggrieved employee or employee representative may file a complaint with the division for a violation of this section and may be awarded any of the following:
(A) Hiring and reinstatement rights pursuant to this chapter. For violations of the
retention provision, whereupon the 120-day transition employment period shall not commence until the eligible grocery worker’s employment commencement date with the successor grocery employer.
(B) Front pay or back pay for each day during which the violation continues, which shall be calculated at a rate of compensation not less than the highest of any of the following rates:
(i) The average regular rate of pay received by the employee during the last three years of the employee’s employment in the same job classification.
(ii) The most recent regular rate received by the employee while employed by the employer.
(iii) The regular rate of pay received
by the employee during the last three years of that employee’s employment in the same job classification.
(C) The value of the benefits the employee would have received under any benefit plans.
(2) An employer, agent of an employer, or other person who violates this part or causes a violation of this part shall be subject to a civil penalty of one hundred dollars ($100) for each employee whose rights under these provisions are violated. An additional amount payable as liquidated damages in the amount of five hundred dollars ($500) per employee, for each day the rights of an employee under this part are violated and continuing until the violation is cured, which shall be recovered by the Labor Commissioner, deposited into the Labor and Workforce Development Fund,
and paid to the employee as compensatory damages.
(3) The Labor Commissioner shall enforce this section, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation and pending the completion of a full investigation or hearing, through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including by issuing a citation against an employer who violates this section and by filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as appropriate.
(4) In an action brought by the Labor Commissioner for enforcement of this section, the
court may issue preliminary and permanent injunctive relief to vindicate the rights of employees.
(5) In an administrative or civil action brought under this section, the Labor Commissioner or court shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code.
(6) The remedies, penalties, and procedures provided under this section are cumulative.
(c) The Division of Labor Standards Enforcement may promulgate and enforce rules and regulations and issue determinations and interpretations consistent with and necessary for the implementation of this section. Those rules and regulations, determinations, and interpretations shall have the force of law and
may be relied upon by employers, employees, and other persons to determine their rights and responsibilities under this section.