Maine Revised Statutes Title 26 Sec. 689 – Violation and remedies
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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).]
Terms Used In Maine Revised Statutes Title 26 Sec. 689
- Applicant: includes any person using an employment agency's services. See Maine Revised Statutes Title 26 Sec. 682
- Employee: means a person who is permitted, required or directed by any employer to engage in any employment for consideration of direct gain or profit. See Maine Revised Statutes Title 26 Sec. 682
- Employer: means any person, partnership, corporation, association or other legal entity, public or private, that employs one or more employees. See Maine Revised Statutes Title 26 Sec. 682
- Substance: means any scheduled drug, alcohol or other drug, or any of their metabolites. See Maine Revised Statutes Title 26 Sec. 682
- Substance use test: means any test procedure designed to take and analyze body fluids or materials from the body for the purpose of detecting the presence of substances. See Maine Revised Statutes Title 26 Sec. 682
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).