A. A Worker may bring an action in the Superior Court of the State of California against an Incumbent Business Employer or the Successor Business Employer for violations of this article and may be awarded:
1. Hiring and reinstatement rights pursuant to this article. For a Worker, the 90-day transition employment period begins on the Worker’s Employment Commencement Date with the Successor Business Employer.
2. Front or back pay for each day 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 Worker during the last three years of their employment in the same occupation classification; or
b. The most recent regular rate received by the Worker while employed by either the Business, Incumbent Business Employer, or the Successor Business Employer.
3. Value of the benefits the Worker would have received under the Successor Business Employer’s benefits plan.
B. A civil action by a Worker alleging a violation of any provision of this article shall commence only after the following requirements have been met:
1. The Worker provides written notice to the Incumbent Business Employer and/or the Successor Business Employer of the provisions of this article alleged to have been violated and the facts supporting the alleged violation; and
2. The Incumbent Business Employer and/or the Successor Business Employer is provided 15 days from receipt of the written notice to cure any alleged violation
C. The court shall award reasonable attorneys’ fees and costs to a Worker who prevails in any such enforcement action and to a Business employer who prevails and obtains a court determination that the Worker’s lawsuit was frivolous.
D. Notwithstanding any provision of this Code, or any other ordinance to the contrary, no criminal penalties shall attach for violation of this article.