A. This chapter may be enforced in a civil action in superior court brought by the city or by one or more employees for and on behalf of themselves, or by an agent or representative designated by one or more employees to bring an action for and on behalf of the employee(s).

B. If the court finds that an employer has violated this chapter, the court may enjoin the employer from engaging in such violation, and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay, including fringe benefits, or any other equitable relief as the court deems appropriate. Interim earnings or amounts earnable with reasonable diligence by an aggrieved employee shall operate to reduce the back pay or lost wages that otherwise may be ordered by the court pursuant to this subsection. Before interim earnings are deducted from back pay or lost wages, there shall be deducted from the interim earnings any reasonable amounts expended by the employee in searching for, obtaining, or relocating to new employment. The court may also order compensatory and punitive damages if the court finds that an employer violated this chapter with malice or with reckless indifference to the requirements of this chapter, and may award treble damages on behalf of an employee terminated in violation of Section 8.40.050.

C. If it is established that a laid-off employee exercised the employee’s rights under this chapter or alleged in good faith that an 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 days after exercise of the employee’s rights under this chapter, then a rebuttable presumption shall arise that the employer’s action was taken in violation of Section 8.40.050. To rebut the presumption, an employer must prove that the employer took the action for a legitimate business reason. Laid-off employees may establish that an employer’s action was taken in violation of Section 8.40.050 by proving that an employer’s asserted legitimate business reason is pretextual.

D. The court shall award plaintiffs that prevail in any legal action taken pursuant to this chapter reasonable attorney’s fees, expert witness fees and costs as part of the costs recoverable.