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(a) Civil Action. The City Attorney, any person aggrieved by a violation of this Article 33E , or any other person or entity acting on behalf of the public as provided for under applicable state law, may bring a civil action in a court of competent jurisdiction against the Incumbent Hospitality Employer, Successor Hospitality Employer, or other person violating this Article and, upon prevailing, shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, the payment of any back wages unlawfully withheld, the payment of an additional sum as liquidated damages in the amount of $50 to each Eligible Hospitality Worker or person whose rights under this Article were violated for each day that the violation occurred or continued, reinstatement in employment and/or injunctive relief and shall be awarded reasonable attorneys' fees and costs. Back pay shall be calculated at a rate of compensation not less than the higher of (1) the average regular rate of pay received by the Eligible Hospitality Worker during the last three years of the Eligible Hospitality Worker's employment in the same occupation classification, or (2) the most recent regular rate received by the Eligible Hospitality Worker while employed by either the Incumbent Hospitality Employer or the Successor Hospitality Employer. Provided, however, that any person or entity enforcing this Article on behalf of the public as provided for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive or restitutionary relief, and reasonable attorneys' fees and costs. Nothing in this Article shall be interpreted as restricting, precluding, or otherwise limiting a separate or concurrent criminal prosecution under the Municipal Code or state law. Jeopardy shall not attach as a result of any civil enforcement action taken pursuant to this Article.
(b) Interest. In any civil action brought under this Article, the court shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the California Civil Code.
(Added by Ord. 100-14 , File No. 140416, App. 6/26/2014, Eff. 7/26/2014)