California Labor Code

§ 1073

LAB § 1073 Effective Jan 1, 2004Div. 2 · Part 3 · Ch. 4.6

Statute text

(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.

(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.

Legislative history

Added by Stats. 2003, Ch. 103, Sec. 1. Effective January 1, 2004.