*NOTE: This section will expire on June 6, 2024.*
An eligible employee or retained employee may, on their own behalf or on behalf of other eligible employees or retained employees similarly situated, bring an action to enforce this subchapter in the Superior Court of the District of Columbia and upon prevailing shall be awarded:
(1) Back pay for each day the violation continues at a rate of compensation not less than the higher of:
(A) The average regular rate of pay received by the eligible employee or retained employee during the last 3 years of the eligible employee or retained employee's employment in the same occupation classification, or
(B) The final regular rate received by the eligible employee or retained employee;
(2) The costs of benefits the employer would have incurred for the eligible employee or retained employee under the employer's benefit plan;
(3) If it is established that a contractor or employer violated this subchapter with malice or with reckless indifference, an affected eligible employee or retained employee treble damages, and, in addition, may be awarded compensatory or punitive damages; and
(4) Reasonable attorney fees and costs of the suit, including expert witness fees.
(Apr. 26, 1994, D.C. Law 10-105, § 205; as added Apr. 27, 2021, D.C. Law 23-281, § 2(c), 68 DCR 001177.)
For temporary (90 days) creation of, see § 2 of Displaced Workers Right to Reinstatement and Retention Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-69, May 3, 2021, 68 DCR 004914).
For temporary (90 days) creation of this section, see § 2(c) of Displaced Workers Right to Reinstatement and Retention Emergency Amendment Act of 2020 (D.C. Act 23-605, Jan. 13, 2021, 68 DCR 001213).
Structure District of Columbia Code