Maine Revised Statutes Title 26 Sec. 848 – Judicial enforcement
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1. Injunction and damages. A civil action may be brought in the appropriate court by an employee against any employer to enforce this subchapter. The court may enjoin any act or practice that violates or may violate this subchapter and may order any other equitable relief that is necessary and appropriate to redress the violation or to enforce this subchapter. The court also may:
A. Award damages equal to the wages, salary, employment benefits or other compensation denied or lost to the employee by reason of the violation; or [PL 2005, c. 228, §1 (NEW).]
B. Order the employer to pay liquidated damages of $100 to the employee for each day that the violation continued. [PL 2005, c. 228, §1 (NEW).]
[PL 2005, c. 228, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 26 Sec. 848
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Employee: means any person who may be permitted, required or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment but does not include an independent contractor. See Maine Revised Statutes Title 26 Sec. 843
- Employer: means :
A. See Maine Revised Statutes Title 26 Sec. 843Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
2. Additional damages. The court also may order the employer to pay an additional amount as liquidated damages equal to the amount awarded under subsection 1 if the employee proves to the satisfaction of the court that the employer’s violation was willful.
[PL 2005, c. 228, §1 (NEW).]
3. Attorney’s fees. In any action brought pursuant to this section, in addition to any judgment awarded to the employee, the court shall award reasonable attorney’s fees and other costs of the action to be paid by the employer.
[PL 2005, c. 228, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 661 (NEW). PL 2005, c. 228, §1 (RPR).