TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
CHAPTER 9-2300. PROTECTION OF DISPLACED CONTRACT WORKERS
§9-2303. Enforcement.
(1) An employee displaced or terminated in violation of
this Chapter may bring an action in a Court of competent jurisdiction against
the awarding authority, the terminated contractor and/or the successor
contractor, jointly or severally, for violations of any obligations imposed
under this Chapter and may be awarded:
(a) back pay, including the
value of benefits, for each day during which the violation continues, which
shall be calculated at a rate of compensation not less than the higher
of:
(.1) the average regular rate of pay received by the employee,
during the last year of the employee's employment in the same job
classification times average hours worked per work day over the past four months
or
(.2) the final regular rate of pay received by the employee at the
time of termination times the average hours worked per work day over the past
four months; and
(b) reinstatement to his or her former position at no
less than the last wage rate, with benefits and hours worked per work day, that
the employee received.
(2) If the employee is the prevailing party in
any such legal action, the Court shall award reasonable attorney's fees
and costs to the employee as part of the costs recoverable.
(3) This
section shall not be construed to limit an employee's right to bring
common law cause of action for wrongful termination.
(4) Each day a
violation continues shall constitute a separate violation.
(5) Any
awarding authority or contractor who knowingly violates this Chapter shall pay
penalties per employee per day of violation of $50 to $100.