SEC. 200.16. ENFORCEMENT.

   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.

SEC. 200.17. NO WAIVER OF RIGHTS.

   Any waiver by an Employee of any provision in this article shall be deemed contrary to public policy and shall be void and unenforceable.

SEC. 200.18. COEXISTENCE WITH OTHER AVAILABLE RELIEF.

   The provisions of this article shall not be construed as limiting an Employee’s right to obtain relief to which they may be entitled at law or in equity.

SEC. 200.19. CONFLICTS.

   Nothing in this article shall be interpreted or applied so as to create any power or duty in conflict with any federal or state law.

SEC. 200.20. SUNSET.

   This section shall sunset upon the later of either the Governor of the State of California lifting the Governor’s emergency order declared on March 4, 2020, or the Mayor of the City of Los Angeles lifting the State of Emergency declared on March 4, 2020.

SEC. 200.21. SEVERABILITY.

   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.

ARTICLE 4-72J-A COVID-19 RIGHT OF RECALL

(Added by Ord. No. 186,602, Eff. 6/14/20.)

Section

200.30   Purpose.

200.31   Definitions.

200.32   Right of Recall.

200.33   Enforcement.

200.34   Exemption for Collective Bargaining Agreement.

200.35   No Waiver of Rights.

200.36   Severability.

200.37   Report.

200.38   Retaliatory Action Prohibited.

200.39   Rules and Regulations.