Section 1771.2 Of Article 2. Wages From California Labor Code >> Division 2. >> Part 7. >> Chapter 1. >> Article 2.
1771.2
. (a) A joint labor-management committee established pursuant
to the federal Labor Management Cooperation Act of 1978 (29 U.S.C.
Sec. 175a) may bring an action in any court of competent jurisdiction
against an employer that fails to pay the prevailing wage to its
employees, as required by this article. This action shall be
commenced not later than 18 months after the filing of a valid notice
of completion in the office of the county recorder in each county in
which the public work or some part thereof was performed, or not
later than 18 months after acceptance of the public work, whichever
occurs last.
(b) (1) In an action brought pursuant to this section, the court
shall award restitution to an employee for unpaid wages, plus
interest, under Section 3289 of the Civil Code from the date that the
wages became due and payable, and liquidated damages equal to the
amount of unpaid wages owed, and may impose civil penalties, only
against an employer that failed to pay the prevailing wage to its
employees, in accordance with Section 1775, injunctive relief, or any
other appropriate form of equitable relief. The court shall follow
the same standards and have the same discretion in setting the amount
of penalties as are provided by subdivision (a) of Section 1775. The
court shall award a prevailing joint labor-management committee its
reasonable attorney's fees and costs incurred in maintaining the
action, including expert witness fees.
(2) An action pursuant to this section shall not be based on the
employer's misclassification of the craft of a worker in its
certified payroll records.
(3) Liquidated damages shall be awarded only if the complaint
alleges with specificity the wages due and unpaid to the individual
workers, including how that amount was calculated, and the defendant
fails to pay the wages, deposit that amount with the court to be held
in escrow, or provide proof to the court of an adequate surety bond
to cover the wages, within 60 days of service of the complaint.
Liquidated damages shall be awarded only on the wages found to be due
and unpaid. Additionally, if the defendant demonstrates to the
satisfaction of the court that the defendant had substantial grounds
for contesting that a portion of the allegedly unpaid wages were
owed, the court may exercise its discretion to waive the payment of
the liquidated damages with respect to that portion of the unpaid
wages.
(4) This subdivision does not limit any other available remedies
for a violation of this chapter.