This section governs the enforcement of this subchapter. [1989, c. 536, §§1, 2 (NEW); 1989, c. 604, §§2, 3 (AFF).]
1.Remedies. Any employer who violates this subchapter is liable to any employee subjected to discipline or discharge based on that violation
for:
A. An amount equal to 3 times any lost wages; [1989, c. 536, §§1, 2 (NEW); 1989, c. 604, §§2, 3 (AFF).]
B. Reinstatement of the employee to the employee's job with full benefits; [1989, c. 536, §§1, 2 (NEW); 1989, c. 604, §§2, 3 (AFF).]
C. Court costs; and [1989, c. 536, §§1, 2 (NEW); 1989, c. 604, §§2, 3 (AFF).]
D. Reasonable attorney's fees, as set by the court. [1989, c. 536, §§1, 2 (NEW); 1989, c. 604, §§2, 3 (AFF).]
[
1989, c. 536, §§1, 2 (NEW);
1989, c. 604, §§2, 3 (AFF)
.]
2.Breach of confidentiality. In addition to the liability imposed under subsection 1, any person who violates section 684, subsection 4, paragraph C,
or section 685, subsection 3:
A. For the first offense, is subject to a civil penalty not to exceed $1,000, payable to the affected employee, to be recovered
in a civil action; and [1989, c. 536, §§1, 2 (NEW); 1989, c. 604, §§2, 3 (AFF).]
B. For any subsequent offense, is subject to a civil penalty of $2,000, payable to the affected employee, to be recovered in
a civil action. [1989, c. 536, §§1, 2 (NEW); 1989, c. 604, §§2, 3 (AFF).]
[
1989, c. 536, §§1, 2 (NEW);
1989, c. 604, §§2, 3 (AFF)
.]
3.Harassment. In addition to the liability imposed under subsection 1, any employer who requires or repeatedly attempts to require an
employee or applicant to submit to a substance abuse test under conditions that would not justify the test under this subchapter
or who without substantial justification repeatedly requires an employee to submit to a substance abuse test under section
684, subsection 3:
A. Is subject to a civil penalty not to exceed $1,000, payable to the affected employee, to be recovered in a civil action;
and [1989, c. 536, §§1, 2 (NEW); 1989, c. 604, §§2, 3 (AFF).]
B. For any subsequent offense against the same employee, is subject to a civil penalty of $2,000, payable to the affected employee,
to be recovered in a civil action. [1989, c. 536, §§1, 2 (NEW); 1989, c. 604, §§2, 3 (AFF).]
[
1989, c. 536, §§1, 2 (NEW);
1989, c. 604, §§2, 3 (AFF)
.]
4.Enforcement. The Department of Labor or the affected employee or employees may enforce this subchapter. The department may:
A. Collect the judgment on behalf of the employee or employees; and [1989, c. 536, §§1, 2 (NEW); 1989, c. 604, §§2, 3 (AFF).]
B. Supervise the payment of the judgment and the reinstatement of the employee or employees. [1989, c. 536, §§1, 2 (NEW); 1989, c. 604, §§2, 3 (AFF).]
[
1989, c. 536, §§1, 2 (NEW);
1989, c. 604, §§2, 3 (AFF)
.]
SECTION HISTORY
1989, c. 536, §§1,2 (NEW).
1989, c. 604, §§2,3 (AMD).
Data for this page extracted on 10/14/2009 10:53:23.