California Labor Code 1073 – (a) An employee who was not offered employment or who has been …
(a) An employee who was not offered employment or who has been discharged in violation of this chapter, or his or her agent, may bring an action against the successor contractor or subcontractor in any superior court having jurisdiction over the successor contractor or subcontractor. Upon finding a violation of this chapter, the court shall order reinstatement to employment with the successor contractor or subcontractor and award backpay, including the value of benefits, for each day of violation. A violation of this chapter continues for each day that the successor contractor or subcontractor fails to employ the employee, within the period agreed to pursuant to Section 1072.
(b) The court may preliminarily or permanently enjoin the continued violation of this chapter.
Terms Used In California Labor Code 1073
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
(c) If the employee prevails in an action brought under this chapter, the court shall award the employee reasonable attorney’s fees and costs as part of the costs recoverable.
(Added by Stats. 2003, Ch. 103, Sec. 1. Effective January 1, 2004.)