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(1) One or more employees, upon submitting to the Department of Labor for review and receiving the Department's certification of a determination of reasonable cause to go forward, may bring an action in a court of competent jurisdiction against the Employer for violations of this Chapter.
(2) If the court finds that the employer has violated this Chapter, the court may enjoin the employer from engaging in such violation, and order such affirmative relief as may be appropriate, which may include, but is not limited to:
(a) back pay, including the value of benefits lost, for each day during which the violation continues, which shall be calculated at a rate of compensation not less than the higher of:
(.1) the average regular rate of pay received by the worker during the last six months of the Employee's employment in the same job classification times the average hours worked per work day by the Employee during the last six months of the Employee's employment in that job classification; or
(.2) the final regular rate of pay received by the Employee at the time of separation times the average hours worked per work day by the Employee during the last six months of the Employee's employment in that job classification.
(b) hiring of the Employee at no less than the last wage rate and benefits, and hours worked per work day, that the worker received;
(c) other compensatory damages as appropriate;
(d) reasonable attorney's fees and costs.
(3) Violations of this Chapter shall be subject to penalties per Employee per day of violation of up to one thousand dollars ($1,000).
(4) If it is established that a Laid-Off Employee exercised rights under this Chapter or alleged in good faith that the employer was not complying with this Chapter, and the employer thereafter refused to employ, terminated, demoted or otherwise took adverse action against the Employee, and that action took place within sixty (60) days after such exercise, then a rebuttable presumption shall arise that the Employer's action was taken violation of Section 9-5302. The employer must prove that the true and entire reason for the action was a legitimate business reason. The plaintiff may rebut the employer's asserted legitimate business reason by showing that it was, in fact, a pretext.