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Before hiring a new Employee or using a contract, temporary service or staffing agency to perform work, an Employer shall first offer the work to current Employees if:
A. The current Employee is qualified to do the work as reasonably determined by the Employer; and
B. The additional work hours would not result in the payment of a premium rate under California Labor Code Section 510.
A Food Delivery Platform shall offer its Employee the option of a “no-contact’ delivery method. A Food Delivery Platform shall provide its Employee with written guidance and detailed instructions on how safely to make a “no- contact” delivery.
No Employer shall discharge, reduce in compensation, reduce work hours, or otherwise discriminate against any Employee for opposing any practice proscribed by this article, for participating in proceedings related to this article, for seeking to enforce their rights under this article by any lawful means, or for otherwise asserting rights under this article.
A. An Employee claiming a violation of this article may bring an action in the Superior Court of the State of California against an Employer and may be awarded:
1. Reinstatement to the position from which the Employee was discharged in violation of this article.
2. Back pay for each day during which the violation continues, which shall be calculated at the Employee’s average rate of pay.
3. Other legal or equitable relief the court may deem appropriate.
B. If an Employee is the prevailing party in any legal action taken pursuant to this article, the court shall award reasonable attorneys’ fees and costs.
If any subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council hereby declares that it would have adopted this section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the article would be subsequently declared invalid or unconstitutional.
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