a. Claims. Any person, including any organization, alleging a violation of the following provisions of this chapter may bring a civil action, in accordance with applicable law, in any court of competent jurisdiction:
1. Section 20-1204;
2. Section 20-1221;
3. Subdivisions a and b of section 20-1222;
4. Section 20-1231;
5. Subdivisions a, b, d, f and g of section 20-1241;
6. Section 20-1251;
7. Subdivisions a and b of section 20-1252; and
8. Section 20-1272.
b. Remedies. Such court may order compensatory, injunctive and declaratory relief, including the following remedies for violations of this chapter:
1. Payment of schedule change premiums withheld in violation of section 20-1222;
3. Rescission of any discipline issued in violation of section 20-1204;
4. Reinstatement of any employee terminated in violation of section 20-1204;
5. Payment of back pay for any loss of pay or benefits resulting from discipline or other action taken in violation of section 20-1204;
6. Other compensatory damages and any other relief required to make the employee whole; and
7. Reasonable attorney's fees.
c. For each violation of section 20-1272, the court shall order reinstatement or restoration of hours of the fast food employee, unless waived by the fast food employee, and shall order the fast food employer to pay the reasonable attorneys' fees and costs of the fast food employee. The court may, in addition, grant the following relief: $500 for each violation, an order directing compliance with section 20-1272, rescission of any discipline issued, payment of back pay for any loss of pay or benefits resulting from the wrongful discharge, punitive damages, and any other equitable relief as may be appropriate.
d. Statute of limitations. A civil action under this section shall be commenced within two years of the date the person knew or should have known of the alleged violation.
e. Relationship to department action.
1. Any person filing a civil action shall simultaneously serve notice of such action and a copy of the complaint upon the department. Failure to so serve a notice does not adversely affect any plaintiff's cause of action.
2. An employee need not file a complaint with the department pursuant to subdivision b of section 20-1207 before bringing a civil action; however, no person shall file a civil action after filing a complaint with the department unless such complaint has been withdrawn or dismissed without prejudice to further action.
3. No person shall file a complaint with the department after filing a civil action unless such action has been withdrawn or dismissed without prejudice to further action.
4. The commencement or pendency of a civil action by an employee does not preclude the department from investigating the employer or commencing, prosecuting or settling a case against the employer based on some or all of the same violations.
(L.L. 2017/107, 5/30/2017, eff. 11/26/2017; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020; Am. L.L. 2021/002, 1/5/2021, eff. 7/4/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080 and L.L. 2021/002.