§689. Violation and remedies
This section governs the enforcement of this subchapter.
[PL 1989, c. 536, §§1, 2 (NEW); PL 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;
[PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]
B.
Reinstatement of the employee to the employee's job with full benefits;
[PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]
C.
Court costs; and
[PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]
D.
Reasonable attorney's fees, as set by the court.
[PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]
[PL 1989, c. 536, §§1, 2 (NEW); PL 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
[PL 1989, c. 536, §§1, 2 (NEW); PL 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.
[PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]
[PL 1989, c. 536, §§1, 2 (NEW); PL 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 use 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 use 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
[PL 1989, c. 536, §§1, 2 (NEW); PL 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.
[PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]
[PL 2017, c. 407, Pt. A, §112 (AMD).]
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
[PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]
B.
Supervise the payment of the judgment and the reinstatement of the employee or employees.
[PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]
[PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]
SECTION HISTORY
PL 1989, c. 536, §§1,2 (NEW). PL 1989, c. 604, §§2,3 (AMD). PL 2017, c. 407, Pt. A, §112 (AMD).