(a) An Eligible Grocery Worker or Workers may bring an action in the Superior Court of the State of California against the Incumbent Grocery Employer and/or the Successor Grocery Employer for violations of this Article, and may be awarded the following relief:
(1) Hiring and reinstatement rights, whereupon the 90-day transition employment period shall not commence until the Eligible Grocery Worker’s Employment Commencement Date with the Successor Grocery Employer.
(2) Back pay for each day of the violation and/or front pay for each day during which the violation will continue. Back pay and front pay shall be calculated at a rate of compensation not less than the higher of (i) the average regular rate of pay received by the Eligible Grocery Worker during the last three years of the Eligible Grocery Worker’s employment in the same occupation classification. or (ii) the most recent regular rate received by the Eligible Grocery Worker while employed by either the Incumbent Grocery Employer or the Successor Grocery Employer.
(3) Value of the benefits the Eligible Grocery Worker would have received under the Successor Grocery Employer’s benefit plan had the violation(s) not occurred.
(b) If the Eligible Grocery Worker or Workers is the prevailing party in any legal action taken pursuant to this Section, the court shall award reasonable attorneys’ fees and costs as part of the costs recoverable.
(Added as Police Code Sec. 3300D.6 by Ord. 90-06, File No. 060395, App. 5/12/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)