California Welfare and Institutions Code 4639.82 – (a) A covered employee who is not offered employment, who has …
(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.
Terms Used In California Welfare and Institutions Code 4639.82
- Contractor: means a nonprofit corporation with which the department contracts to operate a regional center pursuant to Sections 4621 and 4621. See California Welfare and Institutions Code 4639.80
- Covered employee: means an individual who has been employed by a contractor for at least 90 days immediately before a change of operator. See California Welfare and Institutions Code 4639.80
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Successor contractor: means the contractor following the change of operator. See California Welfare and Institutions Code 4639.80
- Total compensation: means the combined value of the covered employee's wages and benefits immediately before the change of operator. See California Welfare and Institutions Code 4639.80
- Transition period: means a period of 90 days immediately following the effective date of a change of operator. See California Welfare and Institutions Code 4639.80
(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.)