(1) Agency Enforcement.
(a) An employee or other person may file a complaint with the Agency for any violation of this Chapter. The Agency may also conduct an investigation on its own initiative.
(b) The Agency should maintain as confidential the identity of any complainant unless disclosure of such complainant’s identity is necessary for resolution of any investigation by the Agency, or otherwise required by law. The Agency should, to the extent practicable, notify such complainant that the Agency will be disclosing his or her identity prior to such disclosure.
(c) Upon receiving a complaint alleging a violation of this Chapter, or upon its own initiative, the Agency is authorized to investigate alleged violations of this Chapter. The Agency has the power to subpoena records and testimony from any party to a complaint. Such records shall be provided to the Agency within thirty (30) days after receipt of the subpoena.
(d) The Agency should keep complainants reasonably notified regarding the status of their complaint and any resulting investigation and to notify complainants of any final decision of the Agency, including any mediation result, with respect to the complaint.
(e) Whenever the Agency finds that a violation of this Chapter has occurred, it is authorized to issue to the offending employer a notice of violation and may seek to resolve violations by mediation.
(f) The Agency shall have the power to provide or obtain appropriate relief. Available remedies include instatement, reinstatement, restoration of hours, other injunctive relief, back pay and benefits, any other damages suffered as a result of the employer’s violation of this Chapter, and reasonable attorney’s fees and costs.
(2) Civil Enforcement.
(a) The Agency or an employee displaced or terminated or denied recall in violation of this Chapter may bring an action in a Court of competent jurisdiction against the covered employer, the terminated or ending contractor and/or the successor employer, jointly or severally, for violations of any obligations imposed under this Chapter and shall be awarded:
(.1) back pay, including the value of benefits, for each day during which 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 employee, during the last year of the employee’s employment in the same job classification times average hours worked per work day over the past four months; or
(.b) the final regular rate of pay received by the employee at the time of termination times the average hours worked per work day over the past four months; and
(.2) instatement or reinstatement to the employee’s former position at no less than the last wage rate, with benefits and hours worked per work day, that the employee received.
(b) If the employee is the prevailing party in any such legal action, the Court shall award reasonable attorney's fees and costs to the employee as part of the costs recoverable.
(3) This Section shall not be construed to limit an employee’s right to bring common law cause of action for wrongful termination.
(4) Each day a violation continues shall constitute a separate violation.
(5) Any covered employer or contractor or successor employer who knowingly violates this Chapter shall pay penalties per employee per day of violation of fifty dollars ($50) to one hundred dollars ($100).
Notes
| 1208.1 | Renumbered and amended, Bill No. 240088 (approved May 1, 2024). |