San Jose Municipal Code Part 19 Civil Enforcement and Contract Remedies

A. Any employee aggrieved by a violation of the minimum compensation requirements, the employee retention requirements or the prohibition on retaliation and discrimination of this chapter, or organization of which such employee is a member, may bring a civil action in a court of competent jurisdiction against the airport business violating this chapter and, upon prevailing, shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, the payment of any back wages and benefits unlawfully withheld and interest thereon, reinstatement in employment and/or injunctive relief, and shall be awarded reasonable attorney's fees and costs. For a willful violation of this chapter, a court may award as a penalty up to treble the amount of monies to be paid as damages.

B. This part shall not be construed to limit an employee's right to bring legal action for a violation of any other laws concerning wages, hours, or other standards or rights.

(Ord. 28432.)

If a violation of any contract provision required by this chapter occurs and is not corrected after written notice, the city may, at its option, do any or all of the following:

A. Terminate the airport contract for default;

B. Withhold payment or compensation, if applicable.

(Ord. 28432.)