8.36.110 Private right of action.
A. A person claiming violation of this chapter may bring an action in the Superior Court of the State of California against an employer and obtain the following remedies:
1. Reinstatement of an employee and/or back pay for each day during which the employer failed to pay the compensation required by this chapter, payable to the employee or his/her successor in interest.
2. Compensatory damages and punitive damages.
3. Reasonable attorney’s fees, expert witness fees and costs.
B. Notwithstanding any provision of this chapter or any other ordinances to the contrary, no criminal penalties shall attach for any violation of this section.
C. No remedy set forth in this chapter is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce any rights hereunder in a court of law. This chapter shall not be construed to limit an employee’s right to bring a common law cause of action for wrongful termination.
D. Nothing in this chapter shall be interpreted to authorize a claim for damages against the city based upon another employer’s failure to comply with this chapter or the city’s failure to enforce its provisions.
(Ord. 2259 NCS §1 (part), 2007.)