A. Hotel Workers may bring an action in the Superior Court of the State of California against the Incumbent Hotel Employer or the Successor Hotel Employer for violations of this article and may be awarded:
1. Hiring and reinstatement rights pursuant to this article, with the 90-day transition employment period not commencing until the Hotel Worker's Employment Commencement Date with the Successor Hotel 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 higher of:
a. The average regular rate of pay received by the Hotel Worker during the last three years of the Hotel Worker's employment in the same occupation classification; or
b. The most recent regular rate received by the Hotel Worker while employed by either the Incumbent Hotel Employer or the Successor Hotel Employer.
3. Value of the benefits the Hotel Worker would have received under the Successor Hotel Employer's benefit plan.
B. If a Hotel Worker is the prevailing party in any legal action taken pursuant to this section, the court shall award reasonable attorney's fees and costs as part of the costs recoverable.
C. Notwithstanding any provision of this Code or any other ordinance to the contrary, no criminal penalties shall attach for violation of this article.