1060.

 The following definitions shall apply throughout this chapter:

(a) “Awarding authority” means any person that awards or otherwise enters into contracts for janitorial or building maintenance services performed within the State of California, including any subcontracts for janitorial or building maintenance services.

(b) “Contractor” means any person that employs janitor employees and that enters into a service contract with the awarding authority.

(c) “Employee” means any person employed as a service employee of a contractor, subcontractor, or in house janitorial service whose primary place of employment is in the State of California under a contract or agreement to provide janitorial or building maintenance services. “Employee” does not include a person who is a managerial, supervisory, or confidential employee, including those employees who would be so defined under the federal Fair Labor Standards Act.

(d) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts.

(e) “Service contract” means any contract that has the principal purpose of providing services through the use of service employees, including in-house janitorial services.

(f) “Subcontractor” means any person who is not an employee who enters into a contract with a contractor to assist the contractor in performing a service contract.

(g) “Successor service contract” means a service contract for the performance of essentially the same services as were previously performed pursuant to a different service contract at the same facility that terminated within the previous 30 days. A service contract entered into more than 30 days after the termination of a predecessor service contract shall be considered a “successor service contract” if its execution was delayed for the purpose of avoiding application of this chapter.

(h) “Union” means any union that represents janitors or maintenance workers.

1061.

 (a) (1) An awarding authority shall notify in writing the contractor, the union that represents the employees, and the employees contractor and the union, if the employees are represented by a union, within five days of making the decision to terminate a service contract. The notice Before the service contract is terminated, the awarding authority shall also post a notice in a conspicuous location frequented by employees at the worksite within five days of making that decision to terminate. Both notices shall specify the date the service contract shall terminate, the date the successor contractor starts, and the identity and contact information for the successor contractor. The terminated contractor shall, within three working days after receiving that notification, provide to the representing union and successor contractor identified by the awarding authority, the name, phone number, date of hire, and job classification of each employee currently employed at the site or sites covered by the terminated service contract.

(2) If the terminated contractor has not learned the identity of the successor contractor, if any, the terminated contractor shall provide the name, phone number, date of hire, and job classification of each employee currently employed at the site or sites covered by the terminating service contract to the awarding authority, which shall provide that information to the successor contractor and, if the janitors are represented by a union, to that union, as soon as that successor contractor has been selected.

(3) The requirements of this section shall be equally applicable to all subcontractors of a terminated contractor.

(b) (1) A successor contractor or successor subcontractor shall retain, for a 90-day transition employment period, employees who have been employed by the terminated contractor or its subcontractors, if any, for the preceding four months or longer at the site or sites covered by the successor service contract unless the successor contractor or successor subcontractor has reasonable and substantiated cause not to hire a particular employee based on that employee’s performance or conduct while working under the terminated contract. This requirement shall be stated by awarding authorities in all initial bid packages that are governed by this chapter.

(2) The successor contractor or successor subcontractor shall make a written offer of employment to each employee, as required by this section, in the employee’s primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. The successor contractor or successor subcontractor shall maintain the same work schedules, number of hours, and pay the same wages and benefits as were provided by the prior contractor or prior subcontractor. The offer shall be contemporaneously shared with the union representing those employees, if applicable.

(3) If at any time the successor contractor or successor subcontractor determines that fewer employees are needed to perform services under the successor service contract or successor subcontract than were required by the terminated contractor under the terminated contract or terminated subcontract, the successor contractor or successor subcontractor shall retain employees by seniority within the job classification at the site.

(c) The successor contractor or successor subcontractor, upon commencing service under the successor service contract, shall provide a list of its employees and a list of employees of its subcontractors providing services at the site or sites covered under that contract to the awarding authority and to the union representing those employees, if applicable. These lists shall indicate which of these employees were employed at the site or sites by the terminated contractor or terminated subcontractor. The successor contractor or successor subcontractor shall also provide a list of any of the terminated contractor’s employees who were not retained either by the successor contractor or successor subcontractor, stating the reason these employees were not retained.

(d) During the 90-day transition employment period, the successor contractor or successor subcontractor shall maintain a preferential hiring list of eligible covered employees by seniority within job classifications, not retained by the successor contractor or successor subcontractor from which the successor contractor or successor subcontractor shall hire additional employees until such time as all of the terminated contractor’s or terminated subcontractor’s employees have been offered employment with the successor contractor or successor subcontractor.

(e) During the initial 90-day transition employment period, the successor contractor or successor subcontractor shall not discharge without cause an employee retained pursuant to this chapter. Cause shall be based only on the performance or conduct of the particular employee.

(f) At the end of the 90-day transition employment period, a successor contractor or successor subcontractor shall provide a written performance evaluation to each employee retained pursuant to this chapter. If the employee’s performance during that 90-day period is satisfactory, the successor contractor or successor subcontractor shall offer the employee continued employment. Any employment after the 90-day transition employment period shall be at-will employment under which the employee may be terminated without cause.

1062.

 (a) (1) The Labor Commissioner may enforce this chapter, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation pending the completion of an investigation or hearing, through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including by issuing a citation against an employer who violates employer, an awarding authority, or both, for a violation of this section or by filing a civil action.

(2) The Labor Commissioner may recover any of the following remedies on behalf of an aggrieved employee:

(A) Hiring and reinstatement rights pursuant to this chapter.

(B) Front pay or back pay for each day during which the violation continues.

(C) The value of the benefits the employee would have received under any benefit plans.

(3) A person who violates this chapter may be subject to a civil penalty of five hundred dollars ($500) for each employee whose rights under these provisions are violated. An additional amount payable as liquidated damages in the amount of five hundred dollars ($500) per employee, for each day the rights of an employee under this chapter are violated and continuing until the violation is cured, not to exceed ten thousand dollars ($10,000) per employee, which may be recovered by the Labor Commissioner, deposited into the Labor and Workforce Development Fund, and paid to the employee as compensatory damages.

(4) Citation procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set forth in Section 98.74 or 1197.1, as appropriate.

(5) In a civil action, the Labor Commissioner may also recover all remedies set forth in subdivision (d). In an administrative or civil action brought under this section, the Labor Commissioner or court shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code.

(b) A union representing janitors Janitors who have not been offered employment or who have been discharged, or an employee, who was not offered employment or who has been discharged in violation of this chapter by a successor contractor or successor subcontractor, or an agent of the employee may bring an action against a successor contractor, successor subcontractor, or in-house provider, or the awarding authority provider. Those individuals may also bring an action against the awarding authority for a violation of the awarding authority’s obligations under this chapter. An action may be brought in any superior court of the State of California having jurisdiction over the action. matter. Upon finding a violation of this chapter, the court shall award backpay, including the value of benefits, for each day during which the violation has occurred and continues to occur. Upon finding that a party’s violation of this chapter was willful, the court shall award treble damages. The amount of backpay shall be calculated as the greater of either of the following:

(1)  The average regular rate of pay received by the employee during the last three years of the employee’s employment in the same occupation classification multiplied by the average hours worked during the last three years of the employee’s employment.

(2)  The final regular rate of pay received by the employee at the time of termination of the predecessor contract multiplied by the number of hours usually worked by the employee.

(c) The court may order a preliminary or permanent injunction to stop the continued violation of this chapter.

(d) If the 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.

(e) In the absence of a claim by an employee that they were terminated in violation of this chapter, an employee may not maintain a cause of action under this chapter solely for the failure of an employer to provide a written performance evaluation.

(f) The remedies, penalties, and procedures provided under this section are cumulative.

(g) The Labor Commissioner may promulgate and enforce rules and regulations and issue determinations and interpretations consistent with and necessary for the implementation of this section.