8.60.040 Remedies.
A. A hotel employee who has been discharged or not retained in violation of this chapter, or the collective bargaining agent of the employee, may bring an action in any superior court of the state of California having jurisdiction over the successor hotel employer charged with violating this chapter. Upon finding a violation of this chapter, the court shall award back pay, including the value of benefits, for each day during which the violation occurred and continues to occur. If the court determines that the successor hotel employer’s violations were willful, it shall order treble back pay and reinstatement. The amount of back pay awarded shall be calculated as the greater of either of the following:
1. The average regular rate of pay received by the employee during the last three years of the employee’s employment in the same occupation classification multiplied by the average hours worked during the last three years of the employee’s employment.
2. The final regular rate of pay received by the employee at the time of change of control of the predecessor hotel, multiplied by the number of hours regularly worked by the employee.
B. The court may issue a preliminary or permanent injunction to enjoin violations of this chapter.
C. 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.
(Ord. 2776 NCS §3, 2021.)