California Labor Code 2510 – (a) An aggrieved employee or an employee representative, such as …
(a) An aggrieved employee or an employee representative, such as a collective bargaining representative or nonprofit corporation, may bring an action in the superior court of the State of California for violations of this part and may be awarded the following:
(1) Hiring and reinstatement rights pursuant to this part. For violations of the retention provision, the 90-day transition employment period shall not commence until the eligible grocery worker’s employment commencement date with the successor grocery employer.
Terms Used In California Labor Code 2510
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
- Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
(2) Front pay or back pay for each day during which the violation continues.
(3) The value of the benefits the employee would have received under any benefit plans.
(4) Punitive damages pursuant to § 3294 of the Civil Code.
(5) The court may award reasonable attorney’s fees and costs to any employee or employee representative who prevails in an enforcement action.
(b) Before an employee or an employee representative brings an action in the superior court of the State of California for a violation of this part, both of the following requirements shall be met:
(1) The employee has provided written notice to the employer of the provisions of this part alleged to have been violated and the facts to support the alleged violation.
(2) The employer has not cured the alleged violation within 33 days from receipt of the written notice.
(c) The Labor Commissioner may enforce this section, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation pending the completion of an investigation or hearing, through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including by issuing a citation against an employer who violates this section or by filing a civil action.
(d) The Labor Commissioner may recover the following remedies on behalf of an aggrieved employee:
(1) Hiring and reinstatement rights pursuant to this chapter. For violations of the retention provision, the 90-day transition employment period shall not commence until the eligible grocery worker’s employment commencement date with the successor grocery employer.
(2) Front pay or back pay for each day during which the violation continues.
(3) The value of the benefits the employee would have received under any benefit plans.
(e) An employer, agent of an employer, or other person who violates this part or causes a violation of this part may be subject to a civil penalty of one hundred dollars ($100) for each employee whose rights under these provisions are violated. An additional amount payable as liquidated damages in the amount of one hundred dollars ($100) per employee, for each day the rights of an employee under this part are violated and continuing until the violation is cured, not to exceed one thousand dollars ($1,000) per employee, which may be recovered by the Labor Commissioner, deposited into the Labor and Workforce Development Fund, and paid to the employee as compensatory damages.
(f) Citation procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as appropriate.
(g) In an action brought by the Labor Commissioner for enforcement of this section, the court may issue preliminary and permanent injunctive relief to vindicate the rights of employees. In a civil action, the Labor Commissioner may also recover all remedies set forth in subdivision (d).
(h) In an administrative or civil action brought under this section, the Labor Commissioner or court shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of § 3289 of the Civil Code.
(i) The remedies, penalties, and procedures provided under this section are cumulative.
(j) The Labor Commissioner may promulgate and enforce rules and regulations and issue determinations and interpretations consistent with and necessary for the implementation of this section.
(Added by Stats. 2023, Ch. 452, Sec. 4. (AB 647) Effective January 1, 2024.)