Jurris.COM
Section 1062 Of Chapter 4.5. Displaced Janitor Opportunity Act From California Labor Code >> Division 2. >> Part 3. >> Chapter 4.5.
1062
. (a) An employee, who was not offered employment or who has
been discharged in violation of this chapter by a successor
contractor or successor subcontractor, or an agent of the employee
may bring an action against a successor contractor or successor
subcontractor in any superior court of the State of California having
jurisdiction over the successor contractor or successor
subcontractor. Upon finding a violation of this chapter, the court
shall award backpay, including the value of benefits, for each day
during which the violation has occurred and continues to occur. The
amount of backpay shall be calculated as the greater of either of the
following:
(1) The average regular rate of pay received by the employee during the last three years of the employee's employment in the same occupation classification multiplied by the average hours worked during the last three years of the employee's employment.
(2) The final regular rate of pay received by the employee at the time of termination of the predecessor contract multiplied by the number of hours usually worked by the employee.
(b) The court may order a preliminary or permanent injunction to stop the continued violation of this chapter.
(c) If the employee is the prevailing party in the legal action, the court shall award the employee reasonable attorney's fees and costs as part of the costs recoverable.
(d) In the absence of a claim by an employee that he or she was terminated in violation of this chapter, an employee may not maintain a cause of action under this chapter solely for the failure of an employer to provide a written performance evaluation.
(1) The average regular rate of pay received by the employee during the last three years of the employee's employment in the same occupation classification multiplied by the average hours worked during the last three years of the employee's employment.
(2) The final regular rate of pay received by the employee at the time of termination of the predecessor contract multiplied by the number of hours usually worked by the employee.
(b) The court may order a preliminary or permanent injunction to stop the continued violation of this chapter.
(c) If the employee is the prevailing party in the legal action, the court shall award the employee reasonable attorney's fees and costs as part of the costs recoverable.
(d) In the absence of a claim by an employee that he or she was terminated in violation of this chapter, an employee may not maintain a cause of action under this chapter solely for the failure of an employer to provide a written performance evaluation.
