2020 California Code
Welfare and Institutions Code - WIC
DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED
CHAPTER 5 - Regional Centers for Persons With Developmental Disabilities
ARTICLE 1.1 - Regional Center Worker Retention
Section 4639.82.
(a) A covered employee who is not offered employment, who has been discharged in violation of this article, or who has been paid less than the covered employee’s total compensation during the transition period, may bring an action against a successor contractor in any superior court of the State of California with jurisdiction over the successor contractor.
(b) Upon finding a violation of this article, the court may award back pay, calculated at the rate of the covered employee’s total compensation, for each day the violation has occurred and continues to occur. The court may issue an injunction or appropriate order to stop the continued violation of this article, and provide any other relief as the court deems appropriate.
(c) If the covered employee is the prevailing party in the legal action, the court shall award the employee reasonable attorney’s fees and costs as part of the costs recoverable.
(d) A covered employee shall not maintain a cause of action under this section solely due to the failure of a successor contractor to provide a written performance evaluation pursuant to paragraph (4) of subdivision (a) of Section 4639.81.
(e) The rights and remedies provided by this section are in addition to, and are not intended to supplant, any existing rights or remedies.
(Added by Stats. 2018, Ch. 975, Sec. 3. (SB 134) Effective January 1, 2019.)
