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42 U.S.C. §§ 12101-12213
No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 42 U.S.C. § 12112.
“Employer” is defined as a “person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this subchapter, an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person.” 42 U.S.C. § 12111(5)(a).
“Qualified individual” is defined as an “individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. 42 U.S.C. § 12111(8)
The employment-related provisions of the ADA are enforced by the Equal Employment Opportunity Commission (EEOC) and by private lawsuits. Filing a charge of discrimination with the EEOC is a jurisdictional prerequisite to the filing of a suit by a private individual. See 20 Am. Jur. Proof of Facts 3d 361.
A charge with the EEOC shall be filed within one hundred and eighty (180) days after the alleged unlawful employment practice occurred and notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) shall be served upon the person against whom such charge is made within ten days thereafter. 42 U.S.C. § 2000e-5(1).
Lawsuit must be filed within 90 days of right-to-sue notification from the EEOC. 42 U.S.C. § 2000e-5(f)(1).
Every employer, employment agency, labor organization, or joint labor-management committee covered under this subchapter shall post notices in an accessible format to applicants, employees, and members describing the applicable provisions of this chapter. 42 U.S.C. § 12115.
The notice must be posted in conspicuous places upon its premises where notices to employees, applicants for employment, and members are customarily posted a notice to be prepared or approved by the Commission. 42 U.S.C. § 2000e-10(a).
The court, in its discretion, may allow the prevailing party, a reasonable attorney’s fee (including expert fees) as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person. 42 U.S.C. § 2000e-5(k)
If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice), or any other equitable relief as the court deems appropriate. 42 U.S.C. § 2000e-5(g)(1).
Compensatory damages are allowed for future loss, emotional distress, pain and suffering, inconvenience, mental anguish & loss of enjoyment.
In cases brought under the Americans with Disabilities Act (ADA), punitive damages are recoverable only to the extent provided by 42 U.S.C. § 1981a.
Punitive damages are only appropriate if the complaining party demonstrates that the respondent engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the federally protected rights of an aggrieved individual. 42 U.S.C. § 1981a.
The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses, and the amount of punitive damages awarded under this section, shall not exceed, for each complaining party:
Up to 100 Employees: $50,000;
101-200 Employees: $100,000;
201-500 Employees: $200,000; and
500+ Employees $300,000. See 42 U.S.C. § 1981a(b)(3).
“No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.” 42 U.S.C. § 12203(a).
42 U.S.C. §§ 2101-2109
An employer shall not order a plant closing or mass layoff until the end of a 60-day period after the employer serves written notice of such an order: (1) to each representative of the affected employees as of the time of the notice or, if there is no such representative at that time, to each affected employee; and (2) to the State or entity designated by the State to carry out rapid response activities under section 2864(a)(2)(A) of this title, and the chief elected official of the unit of local government within which such closing or layoff is to occur. 29 U.S.C. § 2102(a).
“Employer” is defined as any business enterprise that employs: (1) 100 or more employees, excluding part-time employees; or (2) 100 or more employees who in the aggregate work at least 4,000 hours per week. Employees. 29 U.S.C. § 2101(a)(1).
“Affected employees” is defined as employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer. 29 U.S.C. § 2101(a)(5).
“Part-time employee” is defined as an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required. 29 U.S.C. § 2101(a)(8).
No administrative exhaustion requirements.
A person seeking to enforce such liability, including a representative of employees or a unit of local government…may sue…in any district court of the United States for any district in which the violation is alleged to have occurred, or in which the employer transacts business. 29 U.S.C. § 2104(a)(5).
No statute of limitations provided. The statute of limitations period for civil actions brought to enforce WARN is borrowed from the most analogous state law. N. Star Steel Co. v. Thomas, 515 U.S. 29, (1995).
Generally, an employer shall not order a plant closing or mass layoff until the end of the 60-day period after the written notice is served. 29 U.S.C.A. § 2102(a). See Overview above.
In any such suit, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. 29 U.S.C. § 2104(6).
Any employer who violates the provisions of section 2102 of this title with respect to a unit of local government shall be subject to a civil penalty of not more than $500 for each day of such violation, except that such penalty shall not apply if the employer pays to each aggrieved employee the amount for which the employer is liable to that employee within 3 weeks from the date the employer orders the shutdown or layoff. 29 U.S.C.A. § 2104(a)(3).
Each aggrieved employee who suffers an employment loss as a result of a closing or layoff is entitled to back pay for each day of violation at a rate of compensation not less than the higher of: (1) the average regular rate received by such employee during the last 3 years of the employee’s employment; or (2) the final regular rate received by such employee up to a maximum of 60 days, but in no event for more than one-half the number of days the employee was employed by the employer. 29 U.S.C. § 2104(a)(1)(A).
Benefits under an employee benefit plan, including the cost of medical expenses incurred during the employment loss which would have been covered under an employee benefit plan if the employment loss had not occurred. 29 U.S.C. § 2104(a)(1)(B).
None
None
29 U.S.C. §§ 621-633
It is unlawful for an employer to fail/refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age. 29 U.S.C. § 623
The ADEA applies to individuals at least 40 years of age. 29 U.S.C. § 623(a).
“Employer” is defined as a person engaged in an industry affecting commerce that has twenty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. 29 U.S.C.A. § 630(b).
No civil action may be commenced by an individual under this section until 60 days after a charge alleging unlawful discrimination has been filed with the Equal Employment Opportunity Commission. 29 U.S.C. (d)(1) § 626.
Employee must file charge with EEOC within 180 days after the alleged unlawful practice occurred; or in a case to which section 633(b) of this title applies, within 300 days after the alleged unlawful practice occurred, or within 30 days after receipt by the individual of notice of termination of proceedings under State law, whichever is earlier.
In most jurisdictions plaintiff must file suit within 90 days of the EEOC completing its proceedings on the charge or it will be considered untimely. “[F]iling a timely charge of discrimination with the EEOC is not a jurisdictional prerequisite to suit in federal court, but a requirement that, like a statute of limitations, is subject to waiver, estoppel, and equitable tolling. Zipes v. Trans World Airlines, Inc., 455 U.S. 385, (1982).
Every employer, employment agency, and labor organization shall post and keep posted in conspicuous places upon its premises a notice to be prepared or approved by the Equal Employment Opportunity Commission setting forth information as the Commission deems appropriate to effectuate the purposes of this chapter. 29 U.S.C. § 627.
A prevailing party may be entitled to reasonable attorney’s fees. See Farrar v. Hobby, 506 U.S. 103, 111, (1992).
the court shall have jurisdiction to grant such legal or equitable relief as may be appropriate to effectuate the purposes of this chapter, including without limitation judgments compelling employment, reinstatement or promotion, or enforcing the liability for amounts deemed to be unpaid minimum wages or unpaid overtime compensation under this section. 29 U.S.C. § 626(b).
Whoever shall forcibly resist, oppose, impede, intimidate or interfere with a duly authorized representative of the Equal Employment Opportunity Commission while it is engaged in the performance of duties under this chapter shall be punished by a fine of not more than $500 or by imprisonment for not more than one year, or by both: Provided, however, That no person shall be imprisoned under this section except when there has been a prior conviction hereunder. 29 U.S.C. § 629.
Liquidated damages shall be payable only in cases of willful violations. 29 U.S.C. § 626(b).
Unpaid minimum wages or unpaid overtime compensation in accordance with 29 U.S.C. §§ 211(b), 216 (except subsection (a)) and 217. Back-pay may include lost wages, pension benefits, insurance benefits, profit sharing benefits, and accrued sick leave.
No set punitive damages, but ADEA borrows their remedies provision for retaliation from the Fair Labor Standards Act, which contains no provision on capping compensatory or punitive damages for retaliation. 29 U.S.C. § 626(b); see also U.S.C. § 216.
It shall be unlawful for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual, member or applicant for membership has opposed any practice made unlawful by this section, or because such individual, member or applicant for membership has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under this chapter. 29 U.S.C.A. § 623(d).
42 U.S.C. §§ 2000e – 2000e-17
Employers may not discriminate against any employee because of such employee’s race, color, religion, sex, or national origin. 42 U.S.C. § 2000e-2.
“Employer” is defined as a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. 42 U.S.C. § 2000e(b).
Before action can be filed, a plaintiff must file a charge of discrimination with the EEOC within one hundred and eighty days after the alleged unlawful employment practice occurred. 42 U.S.C.A. § 2000e-5
A charge with the EEOC shall be filed within one hundred and eighty (180) days after the alleged unlawful employment practice occurred and notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) shall be served upon the person against whom such charge is made within ten days thereafter. 42 U.S.C. § 2000e-5(1).
In state deferral maters, the charge shall be filed by the earlier of 300 days after the alleged unlawful practice, or 30 days after receiving notice that the State agency has terminated proceedings. 42 U.S.C. § 2000e-5(e)(1).
Plaintiff must file civil action within 90 days after EEOC gives notice of their determination and the right to sue. 42 U.S.C. § 2000e-5(f)(1).
“Every employer, employment agency, and labor organization…shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment, and members are customarily posted a notice to be prepared or approved by the Commission….” 42 U.S.C. § 2000e-10(a).
The court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney’s fee (including expert fees) as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person. 42 U.S.C. § 2000e-5.
If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice), or any other equitable relief as the court deems appropriate. 42 U.S.C. § 2000e-5(g)(1).
(N/A)
Compensatory damages are allowed for future loss, emotional distress, pain & suffering, inconvenience, mental anguish & loss of enjoyment of life.
Reinstatement can occur with or without back pay. Back pay liability shall no accrue from a date more than 2 years prior to the filing of a charge with the EEOC. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay allowable. 42 U.S.C. § 2000e-5(g)(1).
$100 per each offense for willful violation of posting/notification requirements. 42 U.S.C. § 2000e-10(b).
Punitive damages are allowed if the employer acted with malice or reckless indifference.
The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses, and the amount of punitive damages awarded under this section, shall not exceed, for each complaining party:
Up to 100 Employees: $50,000;
101-200 Employees: $100,000;
201-500 Employees: $200,000; and
500+ Employees $300,000. See 42 U.S.C. § 1981a(b)(3).
It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment…because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter. 42 U.S.C. § 2000e-3(a).
42 U.S.C. §§ 1981, 1983, 1985(3), 1986.
Section 1981 prohibits intentional race discrimination in the making and enforcing of contracts, including at-will employment. See 42 U.S.C. § 1981(a).
No required minimums for either employers or employees under the act.
“Make and enforce contracts” is defined as the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. See 42 U.S.C. § 1981(b).
No administrative or procedural prerequisites to filing a court action.
Statute of limitations is governed by § 1658’s 4–year statute of limitations—if the plaintiff’s claim against the defendant was made possible by a post–1990 enactment. Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369, 378 (2004); see also 28 U.S.C. § 1658.
No posting requirements under Section 1981.
The court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee (including expert fees), as part of the costs. 42 U.S.C. § 1988(b)-(c).
Plaintiffs in a Section 1981 action are entitled to equitable relief such as reinstatement, hiring, and prejudgment interest.
(None
Compensatory damages are allowed for future loss, emotional distress, pain and suffering, inconvenience, mental anguish & loss of enjoyment.
Compensatory damages awarded under this section shall not include back-pay, interest on back-pay, or any other type of relief authorized under section 706(g) of the Civil Rights Act of 1964 [42 U.S.C.A. § 2000e-5(g)]. 42 U.S.C.A. § 1981a(b)(2).
A complaining party may recover punitive damages under this section against a respondent (other than a government, government agency or political subdivision) if the complaining party demonstrates that the respondent engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the federally protected rights of an aggrieved individual. 42 U.S.C.A. § 1981a.
The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses, and the amount of punitive damages awarded under this section, shall not exceed, for each complaining party:
Up to 100 Employees: $50,000;
101-200 Employees: $100,000;
201-500 Employees: $200,000; and
500+ Employees $300,000. See 42 U.S.C. § 1981a(b)(3).
Retaliation
§ 1981 encompasses retaliation claims. See CBOCS W., Inc. v. Humphries, 553 U.S. 442, 446 (2008)
29 U.S.C. §§ 2601-2654
FMLA provides that an eligible employee shall be entitled to a total of 12 work weeks of leave during any 12-month period for one or more of the following:
Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.
Because of the placement of a son or daughter with the employee for adoption or foster care.
In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.
Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.
Because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces. 29 U.S.C. § 2612(a)(1).
An employee who takes leave under FMLA shall be entitled, on return from such leave (A) to be restored by the employer to the position of employment held by the employee when the leave commenced; or (B) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. 29 U.S.C. § 2614(a).
The taking of leave under section 2612 of this title shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. 29 U.S.C. § 2614
“Eligible Employee” is define as an employee who has been employed (i) for at least 12 months by the employer with respect to whom leave is requested under section 2612 of this title; and (ii) for at least 1,250 hours of service with such employer during the previous 12-month period.
“Employer” is defined any person engaged in commerce or in any industry or activity affecting commerce who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. 29 U.S.C. § 2611(4).
Agency Requirements (Dept. of Labor – Wage & Hour Division)
In general, an action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.
Willful violation. In the case of such action brought for a willful violation of section 2615 of this title, such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought. 29 U.S.C § 2617(a)(c).
Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the Secretary, setting forth excerpts from, or summaries of, the pertinent provisions of this subchapter and information pertaining to the filing of a charge. 29 U.S.C. § 2619(a).
The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. 29 U.S.C. § 2617(a)(3).
The district courts of the United States shall have jurisdiction…to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. 29 U.S.C. § 2617(d).
Any employer that willfully violates this section may be assessed a civil money penalty not to exceed $100 for each separate offense. 29 U.S.C. § 2619(b).
None
An employer who violates § 2615 of the FMLA Act shall be liable to the employee affected, for damages equal to the amount of:
any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; or
in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to 12 weeks (or 26 weeks, in a case involving leave under section 2612(a)(3) of this title) of wages or salary for the employee; 29 U.S.C. § 2617(a)(1).
Interest on the damage amount calculated at the prevailing rate.
None
Interference with proceedings or inquiries
It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual–(1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this subchapter; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this subchapter; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this subchapter. 29 U.S.C. § 2615(b).
31 U.S.C. §§ 3729-3733
Individuals who have knowledge of the submission of false or fraudulent claims against the U.S. may bring suit on behalf of the U.S. 31 U.S.C. § 37329
If the Government proceeds with an action brought by a person under subsection (b), such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action.
any person who knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;
31 U.S.C. § 3729(a)(1)(A)
No administrative exhaustion requirements – District Courts have immediate jurisdiction over claims. 31 U.S.C. § 3730(h)(2).
If the Government elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action.
31 U.S.C. § 3730.
A civil action under this subsection may not be brought more than 3 years after the date when the retaliation occurred. 31 U.S.C. § 3730(h)(3)
None
Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. 31 U.S.C. § 3730
May be liable for a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages which the Government sustains because of the act of that person. 31 U.S.C. § 3729(a)(1)(G).
Criminal penalties under the cited sections, but criminal proceedings exist under the false claims act.
Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent or associated others in furtherance of an action under this section or other efforts to stop 1 or more violations. 31 U.S.C. § 3730(h)(1)
Relief under paragraph (1) shall include reinstatement with the same seniority status that employee had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys’ fees. 31 U.S.C. § 3730(h)(2)
The Supreme Court explicitly stated that the current version of the FCA, which imposes treble damages are “essentially punitive in nature.” Vermont Agency of Natural Res. v. U.S. ex rel. Stevens, 529 U.S. 765, 784, (2000)
Any employee, contractor, or agent who is discriminated against because of lawful acts done in the furtherance of an action under this section shall be entitled to all relief necessary to make that employee whole. U.S.C. § 3730(h)(1)
29 U.S.C §§ 201-219, 251-262
Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, $7.25 an hour. 29 U.S.C. § 206.
No employer shall employ any oppressive child labor in commerce or in the production of goods for commerce or in any enterprise engaged in commerce or in the production of goods for commerce. 29 U.S.C. § 212.
“Employer” is defined as any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. 29 U.S.C. § 203(d)
Includes person(s) engaged in the operation of a hospital, a school for mentally or physical handicapped children or institution of higher education (regardless of whether I is public or private or operated for profit or not for profit). 29 U.S.C. § 203(r)(2).
Applies to Employees engaged in commerce; home workers in Puerto Rico and Virgin Islands; employees in American Samoa; seamen on American vessels; agricultural employees. 29 U.S.C. § 206(a).
See 29 U.S.C. § 213 for exemptions.
Department of Labor – Wage and Hour Division
No requirement for exhaustion of administrative remedies.
Two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; 29 U.S.C. § 255(a).
Every employer employing any employees subject to the Act’s minimum wage provisions shall post and keep posted a notice explaining the Act, as prescribed by the Wage and Hour Division, in conspicuous places in every establishment where such employees are employed so as to permit them to observe readily a copy. 29 C.F.R. § 516.4(a).
The court shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney’s fee to be paid by the defendant, and costs of the action. 29 U.S.C. § 216(b).
Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000. 29 U.S.C. § 216(a).
Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. 29 U.S.C. § 216(a).
Violators shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. 29 U.S.C. § 216(b).
Some courts have permitted punitive damages on retaliation claims.
Eastern District of Pennsylvania (EDPA) has permitted them, holding § 216(b) allows a FLSA plaintiff to obtain punitive damages against an employer who violates the provisions of § 215(a)(3). Marrow v. Allstate Sec. & Investigative Servs., Inc., 167 F. Supp. 2d 838, 846 (E.D. Pa. 2001)
It shall be unlawful for any person to discharge or in any other manner discriminate against any employee because such employee has filed any complaint, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee. 29 U.S.C. § 215(a)(3).
29 U.S.C. § 206
No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. 29 U.S.C. § 206(b)(1).
except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee. 29 U.S.C. § 206.
EPA covers all federal state, and local government employees as well as those private employers covered by the minimum wage standards of the Fair Labor Standards Act.
No requirement for exhaustion of administrative remedies.
Two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; 29 U.S.C. § 255(a); 29 CFR 1620.33(b).
Every employer employing any employees subject to the Act’s minimum wage provisions shall post and keep posted a notice explaining the Act, as prescribed by the Wage and Hour Division, in conspicuous places in every establishment where such employees are employed so as to permit them to observe readily a copy. 29 C.F.R. § 516.4(a).
The court shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney’s fee to be paid by the defendant, and costs of the action. 29 U.S.C. § 216(b).
Willful violations of the Act may be fined up to $10,000. 29 C.F.R. § 1620.33
Willful violations of the Act may be prosecuted criminally and the violator fined up to $10,000. A second conviction for such a violation may result in imprisonment. 29 C.F.R. § 1620.33
The EPA must be read in conjunction with the Fair Labor Standards Act and the Portal-to-Portal Act. The Equal Pay Act does not provide for back pay, but back pay and liquidated damages can be recovered by the employee under the provisions of the FLSA, 29 U.S.C. § 216(b)
Some courts have permitted punitive damages on retaliation claims.
Eastern District of Pennsylvania has permitted them, holding § 216(b) allows a FLSA plaintiff to obtain punitive damages against an employer who violates the provisions of § 215(a)(3). Marrow v. Allstate Sec. & Investigative Servs., Inc., 167 F. Supp. 2d 838, 846 (E.D. Pa. 2001)
It shall be unlawful for any person to discharge or in any other manner discriminate against any employee because such employee has filed any complaint, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee. 29 U.S.C. § 215(a)(3). See E.E.O.C. v. Romeo Cmty. Sch., 976 F.2d 985, 989 (6th Cir. 1992).
42 U.S.C § 2000ff and 29 C.F.R. § 1635 et seg.
It shall be an unlawful employment practice for an employer to fail or refuse to hire, or to discharge, any employee, or otherwise to discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of genetic information with respect to the employee
It shall be an unlawful employment practice for an employer to request, require, or purchase genetic information with respect to an employee or a family member. 42 U.S.C.A. § 2000ff-1(b).
It shall be unlawful employment practice for an employer or labor organization to:
“Employer” is defined as a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. See 42 U.S.C. § 2000ff; 42 U.S.C. § 2000e(b).
“Employee” is defined as an individual employed by an employer. See 42 U.S.C. § 2000ff; 42 U.S.C. § 2000e(f).
Employee must file complaint with the EEOC. 42 U.S.C. 2000e-4; 42 U.S.C. 2000e-16; 42 U.S.C. § 2000ff-6.
If a federal employee is protected by the Civil Rights Act of 1964 (Prohibition against discrimination or segregation in places of public accommodation) no administrative exhaustion is required. 42 U.S.C. § 2000a-3(a).
A charge under this section shall be filed within 180 days after the alleged unlawful employment practice occurred and notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) shall be served upon the person against whom such charge is made within ten days thereafter. 42 U.S.C. § 2000e-5(e)(1).
In most jurisdictions plaintiff must file suit within 90 days of the EEOC completing its proceedings on the charge or it will be considered untimely. “[F]iling a timely charge of discrimination with the EEOC is not a jurisdictional prerequisite to suit in federal court, but a requirement that, like a statute of limitations, is subject to waiver, estoppel, and equitable tolling. Zipes v. Trans World Airlines, Inc., 455 U.S. 385, (1982).
Every employer, employment agency, and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment, and members are customarily posted a notice to be prepared or approved by the Commission setting forth excerpts from or, summaries of, the pertinent provisions of this subchapter and information pertinent to the filing of a complaint.
A willful violation of this section shall be punishable by a fine of not more than $100 for each separate offense. 42 U.S.C. § 2000e-10.
The court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs. 42 U.S.C. § 2000ff-6; see also 42 U.S.C. § 1988.
If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice, the court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice), or any other equitable relief as the court deems appropriate. 42 U.S.C. § 2000e-5(g)(1).
None
Compensatory damages shall not include back-pay.
A complaining party may recover punitive damages if they demonstrate that the respondent engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the federally protected rights of an aggrieved individual. 42 U.S.C. § 2000ff-6; see also 42 U.S.C. § 1981a.
The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses, and the amount of punitive damages awarded under this section, shall not exceed, for each complaining party:
Up to 100 Employees: $50,000;
101-200 Employees: $100,000;
201-500 Employees: $200,000; and
500+ Employees $300,000. 42 U.S.C. § 2000ff-6; see also 42 U.S.C. § 1981a(b)(3).
No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter. The remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection. 42 U.S.C. § 2000ff-6(f).
It shall be unlawful for any employer directly or indirectly, to require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test;(2) to use, accept, refer to, or inquire concerning the results of any lie detector test of any employee or prospective employee; or discharge an employee based on the results of lie detector test. 29 U.S.C. § 2002
Any employer engaged in or affecting commerce or in the production of goods for commerce
“Employer” is defined as any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee. 29 U.S.C. § 2001(2).
Employees or prospective employees of private employers engaged in interstate commerce.
See 29 U.S.C. § 2006for exemptions.
Complaint can be made to the Dept. of Labor who may bring an action under this section, or a civil action can be bought against employer. 29 U.S.C. § 2005.
No such action may be commenced more than 3 years after the date of the alleged violation. 29 U.S.C. § 2005(c)(2).
Each employer shall post and maintain such notice in conspicuous places on its premises where notices to employees and applicants to employment are customarily posted. 29 U.S.C. § 2003.
The court, in its discretion, may allow the prevailing party (other than the United States) reasonable costs, including attorney’s fees. 29 U.S.C.A. § 2005(c)(3).
Any employer who violates any provision of this chapter may be assessed a civil penalty of not more than $10,000. 29 U.S.C. § 2005(a)(1).
the district courts of the United States shall have jurisdiction, for cause shown, to issue temporary or permanent restraining orders and injunctions to require compliance with this chapter, including such legal or equitable relief incident thereto as may be appropriate, including, but not limited to, employment, reinstatement, promotion, and the payment of lost wages and benefits. 29 U.S.C. § 2005(b).
None
Economic damages may include, but are not limited to payment of lost wages and benefits. 29 U.S.C. § 2005
it shall be unlawful for any employer engaged in or affecting commerce or in the production of goods for commerce to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, any employee or prospective employee because–
38 U.S.C. §§ 4301-4333
Prohibits employers from discriminating against, denying initial employment, reemployment, retention in employment, promotion or any benefit of employment, to any person who is a member or has an obligation to perform service in a uniformed service. 38 U.S.C. § 4311
Any person whose absence from a position of employment is necessitated by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits of this chapter if:
(1) the person has given advance written or verbal notice of such service to such person’s employer;
(2) the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services does not exceed five years; and
(3) the person reports to, or submits an application for reemployment to, such employer in accordance with the provisions of subsection. 38 U.S.C. § 4312.
“employee” is defined as any person employed by an employer, including private employers, the federal government, and state and local governments. 38 U.S.C. § 4303.
A person’s entitlement to the benefits of this law by reason of the service of such person in one of the unfirmed services terminates upon a separation of such person from such uniformed service other than honorable conditions. 38 U.S.C. § 4304.
No exhaustion requirements. 38 U.S.C. § 4323.
No statute of limitations. Some jurisdictions have adopted the four-year residual statute of limitations of 28 U.S.C. § 1658. See Rogers v. City of San Antonio, 392 F.3d 758, 773 (5th Cir. 2004).
Each employer shall provide to persons entitled to rights and benefits under this chapter a notice of the rights, benefits, and obligations of such persons and such employers under this chapter. The requirement for the provision of notice under this section may be met by the posting of the notice where employers customarily place notices for employees. 38 U.S.C. § 4334.
In any action or proceeding to enforce a provision of this chapter by a person under subsection (a)(2) who obtained private counsel for such action or proceeding, the court may award any such person who prevails in such action or proceeding reasonable attorney fees, expert witness fees, and other litigation expenses. 38 U.S.C. § 4323.
The court may require the employer to comply with the provisions of USERRA. 38 U.S.C. § 4323(d)(1)(A).
None
The court may require the employer to compensate the person for any loss of wages or benefits suffered by reason of such employer’s failure to comply with USERRA. 38 U.S.C. § 4323(d)(1)(B).
The court may require the employer to pay the person an amount equal to any loss of wages or benefits suffered if the court determines that the employer’s failure to comply USERRA was willful. 38 U.S.C. § 4323(d)(1)(C).
None
An employer may not discriminate in employment against or take any adverse employment action against any person because such person (1) has taken an action to enforce a protection afforded any person under this chapter, (2) has testified or otherwise made a statement in or in connection with any proceeding under this chapter, (3) has assisted or otherwise participated in an investigation under this chapter, or (4) has exercised a right provided for in this chapter. 38 U.S.C. § 4311.
42 Pa. Stat. Ann. §§ 333.101-333.1
The Pennsylvania Minimum Wage Act, Act 112 of 2006 (Act) increases Pennsylvania’s minimum wage to $7.25 per hour.
If the minimum wage set forth in the Fair Labor Standards Act of 1938 is increased above the minimum wage required under this section, the minimum wage required under this section shall be increased by the same amounts and effective the same date as the increases under the Fair Labor Standards Act. 43 Pa. Cons. Stat. Ann. § 333.104.
Employees shall be paid 1.5 times the employer’s regular rate for overtime work over 40 hours/week. 43 Pa. Cons. Stat. Ann. § 333.104.
“Employer” is defined as any individual, partnership, association, corporation, business trust, or any person or group of persons acting, directly or indirectly, in the interest of an employer in relation to any employee. 43 Pa. Cons. Stat. Ann. § 333.103(g).
See 43 Pa. Cons. Stat. Ann. § 333.105 forexemptions.
Agency Requirements (Dept. Of Labor and Industry)
No exhaustion requirement. Employees who have been paid less than the required minimum wage may recover in a civil action. Minimum. 43 Pa. Cons. Stat. Ann. § 333.113.
No administrative proceedings or legal action shall be instituted under the Act for the collection of unpaid wages or liquidated damages more than 3 years after the day on which such wages were due and payable. 43 Pa. Cons. Stat. Ann. § 260.9a.
Every employer subject to this act shall keep a summary of this act and any regulations issued thereunder applicable to him or her, posted in a conspicuous place where employees normally pass and can read it. 43 Pa. Cons. Stat. Ann. § 333.108.
Costs and such reasonable attorney’s fees as may be allowed by the court. 43 Pa. Cons. Stat. Ann. § 333.113.
None
Any employer who retaliates against an employee shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), and in default of the payment of such fine and costs, shall be sentenced to imprisonment for not less than 10 days nor more than 90 days. 43 Pa. Cons. Stat. Ann. § 333.112(a).
Any employer or his agent, or who pays or agrees to pay any employee less than the rates applicable to such employee under this act shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than seventy-five dollars ($75) nor more than three hundred dollars ($300) or to undergo imprisonment of not less than ten nor more than sixty days, or both. Each week in which such employee is paid less than the rate applicable to him or her under this act and for each employee who is paid less than the prescribed rate, a separate offense shall be deemed to occur. 43 Pa. Cons. Stat. Ann. § 333.112(b).
Any employer or his agent, who violates the Wage Act, shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), and each day of such failure to comply with this act or regulation, shall constitute a separate offense. 43 Pa. Cons. Stat. Ann. § 333.112(c).
If any employee is paid by his or her employer less than the minimum wages, such worker may recover in a civil action the full amount of such minimum wage less any amount actually paid to the worker by the employer. 43 Pa. Cons. Stat. Ann. § 333.113.
If an employer pays employee less than the minimum wage, the worker may recover costs…as may be allowed by the court. 43 Pa. Cons. Stat. Ann. § 333.113.
Any employer and his or her agent, who discharges or in any other manner discriminates against any employee because such employee has testified or is about to testify before the secretary or his or her representative in any investigation or proceeding under or related to this act, or because such employer believes that said employee may so testify shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), and in default of the payment of such fine and costs, shall be sentenced to imprisonment for not less than ten days nor more than ninety days. 43 Pa. Cons. Stat. Ann. § 333.112(a).
35 Pa. Stat. Ann. § 7301-7320
Employers must make information about hazardous substances in the workplace and in the environment available to public sector employees and employees of private sector workplaces not covered by OSHA Hazard Communication Standard and to all persons living and working in the State.
Requires chemical suppliers to insure that any chemical containers delivered or produced in the state are clearly labeled. 35 Pa. Cons. Stat. Ann. § 7304(a).
“Employer” is defined as any individual, partnership, corporation or association doing business in the Commonwealth, including the Commonwealth, its political subdivisions, including school districts, and any officer, board, commission, agency, authority or other instrumentality thereof. 35 Pa. Cons. Stat. Ann. § 7302.
“Employee” is defined as any person currently working for an employer, except domestic or casual laborers employed at the employer’s place of residence. 35 Pa. Cons. Stat. Ann. § 7302.
Any aggrieved person may bring a civil action in the appropriate court of common pleas on his own behalf against any employer or supplier for a violation of this act or to enforce the provisions of this act. 35 Pa. Cons. Stat. Ann. § 7315(b).
No exhaustion requirement. Any person who believes there is a violation by an employer may file a complaint with the department of labor and industry.
Any person who believes there is a violation by an employer or supplier of this act or any part thereof may file a complaint, within 180 days of the violation, with the department. 35 Pa. Cons. Stat. Ann. § 7314(a).
Every employer shall prominently post in every workplace, in a location or locations where notices to employees are normally posted:
Lists of all hazardous substances and special hazardous substances found in that workplace and all environmental hazards emitted or discharged therefrom. In addition, upon request, an employer shall furnish to an employee, a list of the hazardous substances used or produced in that employee’s work area. A new or newly assigned employee shall be offered a list when assigned to a work area. Such lists shall be updated as necessary but at least annually.
Notification to employees and their representatives of their rights under this act.
All other notices required by the department to be posted.
In the case of outdoor or temporary worksites which are not contiguous to a building regularly used by the employer as a workplace, all postings of notices, Material Safety Data Sheets and other materials shall be in a location where employees, during a course of a normal day of work, have access which does not depend on the permission or intervention of management or any supervisor. 35 Pa. Cons. Stat. Ann. § 7307
Under no circumstances…may a court award costs and expenses of litigation, including expert witness fees and reasonable attorney fees. 35 Pa. Cons. Stat. Ann. § 7315(b).
If, upon inspection or investigation of a complaint, the department finds that a respondent has violated any requirements of this act, it shall within 7 days issue to the respondent an order to comply. This order shall… specifically describe the nature of the violation and state a reasonable time period, not to exceed 90 days, within which the violation must be corrected by the employer. 35 Pa. Cons. Stat. Ann. § 7314(c).
The department shall have authority to assess any civil penalties from $500 to $10,000 for each violation of this act, unless a greater amount is specified elsewhere in this act, giving due consideration to the appropriateness of the penalty with respect to the size of the business of the employer being charged, the gravity of the violation, the good faith of the respondent and the history of previous violations. 35 Pa. Cons. Stat. Ann. § 7314(d).
If the violation has not been corrected within the time period, the department may levy a further civil penalty of not more than $5,000 per day for each violation. Id.
Any employer or individual who willfully obstructs or impedes an authorized representative from carrying out an investigation or inspection or who refuses entry to any workplace where such inspection is authorized shall be assessed a civil penalty of not more than $1,000. 35 Pa. Cons. Stat. Ann. § 7314(g).
None
None. Under no circumstances…may a court award, compensatory and liquidated damages. 35 Pa. Cons. Stat. Ann. § 7315(b).
None
No employer shall discharge…or otherwise discipline or in any manner discriminate against, an employee because the employee has filed a complaint, has assisted with respect to an inspection, has instituted or caused to be instituted any proceeding, has testified or is about to testify in any proceeding, has requested any information or properly refused work under section 51 or has exercised any right afforded pursuant to the provisions of this act. 35 Pa. Cons. Stat. Ann. § 7313(a).
43 Pa. Stat. Ann. §§ 1421-1428
No employer may discharge, threaten, discriminate, or retaliate against any employee because the employee makes a good faith report or participates in an investigation of the employer’s wrongdoing. 43 Pa. Cons. Stat. Ann. § 142(a)-(b).
An appropriate authority to which a violation of this act was reported may not disclose the identity of a whistleblower without the whistleblower’s consent unless disclosure is unavoidable in the investigation of the alleged violation. 43 Pa. Cons. Stat. Ann. § 1423(c).
“Employee” is defined as person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied, for an employer. 43 Pa. Cons. Stat. Ann. § 1422.
“Employer” is defined as a public body or any of the following which receives money from a public body to perform work or provide services relative to the performance of work for or the provision of services to a public body: (1) an individual; (2) a partnership; (3) an association; (4) a corporation for profit; (5) a corporation not for profit. 43 Pa. Cons. Stat. Ann. § 1422.
A person who alleges a violation of this act may bring a civil action in a court of competent jurisdiction for appropriate injunctive relief or damages, or both, within 180 days after the occurrence of the alleged violation. 43 Pa. Cons. Stat. Ann. § 1424(a).
180 days. 43 Pa. Cons. Stat. Ann. § 1424(a).
An employer shall post notices and use other appropriate means to notify employees and keep them informed of protections and obligations under this act. 43 Pa. Cons. Stat. Ann. § 1428.
A court shall also award the complainant all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, if the complainant prevails in the civil action. 43 Pa. Cons. Stat. Ann. § 1425.
A person who, under color of an employer’s authority, violates this act shall be liable for a civil fine of not more than $10,000. 43 Pa. Cons. Stat. Ann. § 1426.
None
A court, in rendering a judgment in an action brought under this act, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages or any combination of these remedies. 43 Pa. Cons. Stat. Ann. § 1425.
None
Employer may not retaliate regarding employee’s compensation, terms, conditions, location or privileges of employment because the employee or a person acting on behalf of the employee makes or is about to make a good faith report or participate in an investigation. 43 Pa. Cons. Stat. Ann. § 1423.
43 Pa. Cons. Stat. Ann. §§ 951-963
Qualified individuals have a right to obtain employment, and to obtain all the accommodations, advantages, facilities and privileges of any public accommodation and of any housing accommodation and commercial property without discrimination because of race, color, familial status, religious creed, ancestry, handicap or disability, age, sex, national origin, the use of a guide or support animal because of the blindness, deafness or physical handicap of the user. 43 Pa. Cons. Stat. Ann. § 953.
“employer” includes the Commonwealth or any political subdivision or board, department, commission or school district thereof and any person employing four or more persons within the Commonwealth. 43 Pa. Cons. Stat. Ann. § 954(b).
“employee” does not include (1) any individual employed in agriculture or in the domestic service of any person, (2) any individuals who, as a part of their employment, reside in the personal residence of the employer, (3) any individual employed by said individual’s parents, spouse or child. 43 Pa. Cons. Stat. Ann. § 954(a)-(b).
Any person claiming to be aggrieved by an alleged unlawful discriminatory practice may make, sign and file with the Commission a verified complaint, in writing, which shall state the name and address of the person, employer, labor organization or employment agency alleged to have committed the unlawful discriminatory practice complained of. 43 Pa. Cons. Stat. Ann. § 959(a).
Any complaint filed pursuant to this section must be so filed within one hundred eighty days after the alleged act of discrimination. 43 Pa. Cons. Stat. Ann. § 959(h).
An action shall be filed within two years after notice from the PHRC that the matter is closed and dismissed. 43 Pa. Cons. Stat. Ann. § 962(c)(2).
Employers must post and exhibit prominently in his place of business any fair practices notice prepared and distributed by the Pennsylvania Human Relations Commission. 43 Pa. Cons. Stat. Ann. § 955(j).
An award of attorney fees and costs may be awarded to either prevailing party. 43 Pa. Cons. Stat. Ann. § 959(d)(2)-(d)(3).
Willful violators maybe fined between $100 and $500. 42, Stat, Ann. §961.
Willful violation constitutes a misdemeanor and may be imprisoned for up to 30 days. 42, Stat, Ann. §961.
Compensatory damages for employment for reasonable out-of-pocket expenses caused by such unlawful discriminatory practice. 43 Pa. Cons. Stat. Ann. § 959(f)(1).
Employers may be ordered to cease the unlawful practice, order the hiring, reinstatement or promotion of employees. 43 Pa. Cons. Stat. Ann. § 959(f)(1).
Successful complainant may be awarded back pay as well as travel expenses for matters involving the complaint. 43 Pa. Cons. Stat. Ann. § 959(f)(1).
None
It shall be an unlawful discriminatory practice for any employer to discriminate in any manner against any individual because such individual has opposed any practice forbidden by this act, or because such individual has made a charge, testified or assisted, in any manner, in any investigation, proceeding or hearing under this act. 43 Pa. Cons. Stat. Ann. § 955(d).
43 Pa. Stat. Ann. §§ 41-71
Sets the minimum ages and maximum hours for underage workers. See 43 Pa. Cons. Stat. Ann. § 40.2. Eligibility
43 Pa. Stat. Ann. §§ 336.1-336.10
No employer shall discriminate against an employee, within any establishment in which such employees are employed, on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs, the performance of which, requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to:
(1) a seniority system;
(2) a merit system;
(3) a system which measures earnings by quantity or quality of production; or
(4) a differential based on any other factor other than sex
43 Pa. Cons. Stat. Ann. § 336.3.
“Employer” includes any person acting, directly or indirectly, in the interest of any employer in relation to an employee. 43 Pa. Cons. Stat. Ann. § 336.2(b).
“Employee” is defined as any person employed for hire in any lawful business, industry, trade or profession, or in any other lawful enterprise in which individuals are gainfully employed; including individuals employed by the Commonwealth, its political subdivisions, and public bodies, but excludes persons covered by the FLSA. 43 Pa. Cons. Stat. Ann. § 336.2(a).
No exhaustion requirement.
Action to recover such wages and damages may be maintained in any court of competent jurisdiction by any one or more employees or the Secretary of Labor & Industry on behalf of the employee. 43 Pa. Cons. Stat. Ann. § 336.5 (a).
Any action pursuant to the provisions of this act must be brought within two years from the date upon which the violation complained of occurs. 43 Pa. Cons. Stat. Ann. § 336.5(b).
Employers shall keep an abstract of the provisions of this act posted in a conspicuous place. 43 Pa. Cons. Stat. Ann. § 336.7.
The court in such action shall, in addition to any wages and damages, allow a reasonable attorney’s fee and costs of the action to the plaintiff. 43 Pa. Cons. Stat. Ann. § 336.5(a).
Any employer who willfully and knowingly violates any provisions of this act shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $50 nor more than $200. Each day such a violation continues shall constitute a separate offense. 43 Pa. Cons. Stat. Ann. § 336.8(a).
Any employer who defaults on fines and costs, shall undergo imprisonment for not less than 30 days nor more than 60 days. 43 Pa. Cons. Stat. Ann. § 336.8(a).
Employer shall be liable to the employee or employees affected in the amount of their unpaid wages and in addition, an equal amount as liquidated damages. 43 Pa. Cons. Stat. Ann. § 336.5(a).
None
Any employer who discharges or in any other manner discriminates against any employee because such employee has made any complaint to his employer, instituted any proceeding under or related to this act, or has testified or is about to testify in any such proceedings shall be sentenced to a fine of $50-$200 and/or 30-60 days imprisonment. 43 Pa. Cons. Stat. Ann. § 336.8(a).
43 Pa. Stat. Ann. §§ 260.1-260.12
All wages shall be paid on regular pay days designated in advance by the employer. Overtime wages may be considered as wages earned and payable in the next succeeding pay period. 42 Pa. Sta. Ann. §260.3(a).
“Employer” includes every person, firm, partnership, association, corporation, receiver or other officer of a court of this Commonwealth and any agent or officer of any of the above-mentioned classes employing any person in this Commonwealth. 43 Pa. Cons. Stat. Ann. § 260.2a.
“Fringe benefits or wage supplements” includes all monetary employer payments to provide benefits under any employee benefit plan including separation, vacation, holiday, or guaranteed pay; reimbursement for expenses; union dues withheld from the employees’ pay by the employer; and any other amount to be paid pursuant to an agreement to the employee, a third party or fund for the benefit of employees. 43 Pa. Cons. Stat. Ann. § 260.2a
No administrative exhaustion requirement.
Any employee or group of employees, labor organization or party to whom any type of wages is payable may institute a civil action, or in the alternative, in the alternative, inform the secretary of the wage claim, and the secretary shall, unless the claim appears to be frivolous, immediately notify the employer or former employer of such claim by certified mail.
No administrative proceedings or legal action shall be instituted under the provisions of this act for the collection of unpaid wages or liquidated damages more than 3 years after the day on which such wages were due and payable. 43 Pa. Cons. Stat. Ann. § 260.9a(g).
Every employer shall notify his employees at the time of hiring, of the time and place of payment and the rate of pay and the amount of any fringe benefits or wage supplements to be paid to the employee, a third party or a fund for the benefit of the employee and any change with respect to any of these items prior to the time of said change. 43 Pa. Cons. Stat. Ann. § 260.4
Alternatively, however, every employer may give such notification by posting the aforementioned facts and keeping them posted conspicuously at the employer’s place of business. Id.
The court in any action brought under this section shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs for reasonable attorneys’ fees of any nature to be paid by the defendant. 43 Pa. Cons. Stat. Ann. § 260.9a(f).
In an action brought by the Secretary of Labor, the employer or former employer fails to pay the claim or make satisfactory explanation to the secretary of his failure to do so within 10 days after receipt of such certified notification, , the employer or former employer shall be liable for a penalty of ten percent (10%) of that portion of the claim found to be justly due. 43 Pa. Cons. Stat. Ann. § 260.9a(c)
In addition to any other penalty or punishment otherwise prescribed by law, any employer who violates any provisions of this act shall be guilty of a summary offense and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300), or by imprisonment up to 90 days, or by both, for each offense. 43 Pa. Cons. Stat. Ann. § 260.11a(b).
Employee may be able to recover liquidated damages, where wages remain unpaid for 30 days beyond the regularly scheduled payday, or, in the case where no regularly scheduled payday is applicable, for 60 days beyond the filing by the employee of a proper claim or for sixty days beyond the date of the agreement, award or other act making wages payable, or where shortages in the wage payments made exceed five percent (5%) of the gross wages payable on any two regularly scheduled paydays in the same calendar quarter, and no good faith contest or dispute of any wage claim including the good faith assertion of a right of set-off or counter-claim exists accounting for such non-payment, the employee shall be entitled to claim, in addition, as liquidated damages an amount equal to twenty-five percent (25%) of the total amount of wages due, or five hundred dollars ($500), whichever is greater. 43 Pa. Cons. Stat. Ann. § 260.10.
In a civil action, employer may be liable for unpaid wages owed. 43 Pa. Cons. Stat. Ann. § 260.9a(c).
None.
N/A
43 Pa. Stat. §§ 1321-1324
An employer shall, at reasonable times, upon request of an employee, permit that employee or an agent designated by the employee to inspect his or her own personnel files used to determine his or her own qualifications for employment, promotion, additional compensation, termination or disciplinary action. 43 Pa. Cons. Stat. Ann. § 1322.
Employer is defined as “any individual, person, partnership, association, corporation, the Commonwealth, any of its political subdivisions or any agency, authority, board or commission created by them.” 43 Pa. Cons. Stat. Ann. § 1321
Employee is defined as any person currently employed, laid off with reemployment rights or on leave of absence, but not applicants for employment or any other person. 43 Pa. Cons. Stat. Ann. § 1321.
Employee must file a petition and request a hearing to the Bureau of Labor Standards. 43 Pa. Cons. Stat. Ann. § 1324.
Employee must also avail himself o appropriate civil remedies such a grievance procedure under a union contract. 43 Pa. Cons. Stat. Ann. § 1324.
No stipulated statute of limitations
Posting/Notification Requirements
None
None
The Bureau is authorized and directed to enforce the provisions of this act, and upon a petition and hearing by either an employer or employee, to make and enforce such orders as the bureau shall deem appropriate to which order will provide access to said records and the opportunity for an employee to place a counter statement in his or her file in the event an alleged error is determined by an employee in the personnel file. 43 Pa. Cons. Stat. Ann. § 1324.
N/A
None
None
N/A
Phila. Code §§ 9-1500
Whenever an employer within the City of Philadelphia makes a decision to close or relocate their operations, the employer shall notify in writing the Director of Commerce of Philadelphia, the employees of the affected establishment, any employee organization which represents the employees of the affected establishment no less than 60 days prior to the date of closing or relocating. Phila. Code § 9-1502
Employer is defined as any person, corporation or other entity which employs or has employed at any time in the proceeding twelve (12) month period at least 50 individuals and has operated an industrial, commercial or business enterprise in the City of Philadelphia for more than six (6) months prior to the proposed date of closing or relocation, but does not include the Commonwealth of Pennsylvania, the City of Philadelphia or nonprofit corporations. Phila. Code § 9-1501
Establishment is defined as any factory, plant, office, facility, or other working place of an employer, but does not include a construction site, or other work place intended as a temporary work place.
The WARN Act does not apply to:
The written notice shall include the following:
The nature of the establishment affected by the closing or relocation of operations.
The reasons for the proposed closing or relocation.
An impact statement which shall include information concerning the: (1) employer’s payroll; (2) number of employees to be affected by the proposed action; (3) wages and other remunerations paid to those employees; (4) the employer’s efforts, if any, to find suitable employment for affected employees; and (5) the amount of local tax revenue that will be lost as a result of the proposed action.
The proposed date of closing or relocation.
The employer’s intentions, if any, to continue production at a new location.
Any plans the employer might have to sell the establishment, including a statement as to whether the employees have been given first right of refusal to buy and operate the establishment. Phila. Code § 9-1502(2)
The Act contains no statute of limitations
Notification shall be in writing. Phila. Code § 9-1502(1)
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Courts may enjoy in thee violating employer from closing or relocating until the employer has given proper notice. Phila. Code § 9-1504
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Amount equal to the average daily wage of the employee times the number of days short of sixty days in which notice has not been provided by the employer. Phila. Code § 9-1504
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N.J. Stat. Ann. §§ 34:11-56a1-38
It is declared to be the public policy of this State to establish a minimum wage level for workers in order to safeguard their health, efficiency, and general well-being and to protect them as well as their employers from the effects of serious and unfair competition resulting from wage levels detrimental to their health, efficiency and well-being. N.J. Stat. Ann. § 34:11-56a.
Every employer shall pay to each of his employees’ wages at a rate of not less than $7.15/hour for 40 hours of working time in any week and 1.5 times such employee’s regular hourly wage for each hour of working time in excess of 40 hours in any week. N.J. Stat. Ann. § 34:11-56a4.
Proposed legislation – “except as provided in N.J.A.C. 12:56-3.2, every employee shall, effective January 1, 2014, be paid not less than $8.25 per hour, the minimum hourly wage rate set by section 6(a)(1) of the Federal ‘Fair Labor Standards Act of 1938’ (29 U.S.C. §206(a)(1)), or the rate provided under N.J.S.A. 34:11-56a4, whichever is greatest.” N.J.A.C. 12:56-3.1.
“Employer” includes any individual, partnership, association, corporation or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. N.J. Admin. Code § 12:56-2.1.
Any employer not covered by the federal wage and hour laws is covered.
“Employee” includes any individual employed by an employer. N.J. Admin. Code § 12:56-2.1.
Employees are entitled to receive the higher of state and federal minimum wages.
Exempted employees include:
No administrative exhaustion. Director can conduct an investigation based on a complaint or petition. N.J. Stat. Ann. § 34:11-56a7.
Employee may bring suit in state court if employee is paid less than the minimum fair wage under the act. N.J. Stat. Ann. § 34:11-56a25.
No claim for unpaid minimum wages, unpaid overtime compensation, or other damages under this act shall be valid with respect to any such claim which has arisen more than 2 years prior to the commencement of an action for the recovery thereof. N.J. Stat. Ann. § 34:11-56a25.1.
Every employer subject to this act shall keep a summary of this act, approved by the commissioner, and copies of any applicable wage orders and regulations issued under this act, or a summary of such wage orders and regulations, posted in a conspicuous and accessible place in or about the premises wherein any person subject thereto is employed. N.J. Stat. Ann. § 34:11-56a21.
Employee may recover in a civil action, costs and such reasonable attorney’s fees as may be allowed by the court. N.J. Stat. Ann. § 34:11-56a25.
when the Commissioner of Labor finds that an individual has violated that act, the commissioner is authorized to assess and collect administrative penalties, up to a maximum of $250 for a first violation and up to a maximum of $500 for each subsequent violation. N.J. Stat. Ann. § 34:11-56a22.
Any provision of this act or of any regulation or order issued under this act shall be guilty of a disorderly persons offense and shall, upon conviction for a first violation, be punished by a fine of not less than $100 nor more than $1,000 or by imprisonment for not less than 10 nor more than 90 days or by both the fine and imprisonment and, upon conviction for a second or subsequent violation, be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than 10 nor more than 100 days or by both the fine and imprisonment. N.J. Stat. Ann. § 34:11-56a22
Each week, in any day of which an employee is paid less than the rate applicable to him under this act or under a minimum fair wage order, and each employee so paid, shall constitute a separate offense.
If any employee is paid by an employer less than the minimum fair wage to which such employee is entitled under this act, such employee may recover in a civil action the full amount of such minimum wage less any amount actually paid to him or her by the employer. N.J. Stat. Ann. § 34:11-56a25.
As an alternative to any other sanction, the Commissioner of Labor is authorized to supervise the payment of amounts due to employees under this act, and the employer may be required to make these payments to the commissioner to be held in a special account in trust for the employee, and paid on order of the commissioner directly to the employee or employees affected. The employer shall also pay the commissioner an administrative fee equal to not less than 10% or more than 25% of any payment made to the commissioner pursuant to this section. N.J. Stat. Ann. § 34:11-56a23.
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Any employer who discharges or in any other manner discriminates against any employee because such employee has made any complaint to his employer, to the commissioner, the director or to their authorized representatives that he has not been paid wages in accordance with the provisions of this act… shall be guilty of a disorderly persons offense and shall, upon conviction, be fined not less than $100 nor more than $1,000. Such employer shall be required, as a condition of such judgment of conviction, to offer reinstatement in employment to any such discharged employee and to correct any such discriminatory action, and also to pay to any such employee in full, all wages lost as a result of such discharge or discriminatory action, under penalty of contempt proceedings for failure to comply with such requirement. N.J. Stat. Ann. § 34:11-56a24.
N.J. Sta. Ann. §§ 10:5-1 – 10:5-38
All persons shall have the opportunity to obtain employment, and to obtain all the accommodations, advantages, facilities, and privileges of any place of public accommodation, publicly assisted housing accommodation, and other real property without discrimination because of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, disability, nationality, sex, gender identity or because of a handicap. N.J. Stat. Ann. §§ 10:5-4, 10:5-4:1.
NJLAD applies to all employers within the state, including state and local governments, officers, and bodies.
Employees do not include any individual employed in the domestic service of any person. N.J. Stat. Ann. § 10:5-5.
NJLAD only affords protection from age discrimination for persons ages 40-70. N.J. Stat. Ann. § 10:5-5.
Agency Requirements (The NJ Div. on Civil Rights in the Dep. of Law and Pub. Safety)
No administrative exhaustion. Any complainant may initiate suit in Superior Court under this act without first filing a complaint with the division or any municipal office. N.J. Stat. Ann. § 10:5-13.
Any complaint filed in the division or in any municipal office pursuant to this act must be so filed within 180 days after the alleged act of discrimination. N.J. Stat. Ann. § 10:5-18 (West)
Two-year statute of limitations for claims filed in Superior Court. Montells v. Haynes, A.2d 654, 660 (1993)
It is a violation for an employer to refuse to post or display notices concerning the rights or responsibilities of persons affected by this act as the Attorney General may. N.J. Stat. Ann. § 10:5-12.
In any action or proceeding brought under this act, the prevailing party may be awarded a reasonable attorney’s fee as part of the cost, provided however, that no attorney’s fee shall be awarded to the respondent unless there is a determination that the complainant brought the charge in bad faith. N.J. Stat. Ann. § 10:5-27.1.
Any person who violates the NJLAD shall be liable for the following penalties:
In an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior violation within the five-year period ending on the date of the filing of this charge;
In an amount not exceeding $25,000 if the respondent has been adjudged to have committed one other violation within the five-year period ending on the date of the filing of this charge; and
c. In an amount not exceeding $50,000 if the respondent has been adjudged to have committed two or more violations within the seven-year period ending on the date of the filing of this charge. N.J. Stat. Ann. § 10:5-14.1a.
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a prevailing complainant may recover damages to compensate for emotional distress caused by the activities found to be in violation of the NJLAD, to the same extent as is available in common law tort actions. N.J. Stat. Ann. § 10:5-17.
a person in connection with his being required to retire in violation of the provisions of section 11 of P.L.1945, c. 169 (C. 10:5-12) shall be limited to his reinstatement with back pay and interest. N.J. Stat. Ann. § 10:5-12.1.
If, upon all evidence at the hearing, the director shall find that the respondent has engaged in any unlawful employment practice or unlawful discrimination as defined in this act, the director shall…issue and cause to be served…an order requiring respondent to cease and desist from such unlawful employment practice or unlawful discrimination and to take such affirmative action, including, but not limited to, hiring, reinstatement or upgrading of employees, with or without back pay, or restoration to membership, in any respondent labor organization, or extending full and equal accommodations, advantages, facilities, and privileges to all persons. N.J. Stat. Ann. § 10:5-17.
Punitive damages are allowed.
It is unlawful for any person to take reprisals against any person because that person has opposed any practices or acts forbidden under this act or because that person has filed a complaint, testified or assisted in any proceeding under this act or to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this act. N.J. Stat. Ann. § 10:5-12.
N.J. Stat. Ann. §§ 34:11 B-1 – 34:11B-16; N.J.A.C. 13:14-1.1
An employee of an employer in this State shall be entitled to a family leave of 12 weeks in any 24-month period upon advance notice to the employer:
In the case of a family member who has a serious health condition, the leave may be taken intermittently when medically necessary;
In the case of the birth or adoption of a healthy child, the leave may be taken intermittently if agreed to by the employer and the employee.
N.J. Stat. Ann. § 34:11B-4.
“Employer” is defined as a person or corporation, partnership, individual proprietorship, joint venture, firm or company or other similar legal entity which employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the then current or immediately preceding calendar year.
N.J. Stat. Ann. § 34:11B-3.
Agency Requirements (The NJ Div. on Civil Right in the Dept. of Law and Pub. Safety)
No administrative exhaustion. Any person may initiate suit in Superior Court or file a complaint with the division on either an individual or class basis. N.J. Stat. Ann. § 34:11B-11.
Two-year statute of limitations for claims filed in Superior Court. Montells v. Haynes, A.2d 654, 660 (1993).
An employer shall display conspicuous notice of its employees’ rights and obligations pursuant to the provisions of this act, and use other appropriate means to keep its employees so informed. N.J. Stat. Ann. § 34:11B-6.
In an action or complaint brought under this act, the prevailing party may be awarded reasonable attorneys’ fees as part of the cost, provided however, that no attorneys’ fees shall be awarded to the employer unless there is a determination that the action was brought in bad faith. N.J. Stat. Ann. § 34:11B-12.
The penalty for an employer violating this act is, in addition to other relief or affirmative action provided by law, not more than $2,000.00 for the first offense and not more than $5,000.00 for the second and each subsequent offense. N.J. Stat. Ann. § 34:11B-10.
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Remedies under NJLAD – the director shall…issue and cause to be served…an order requiring respondent to cease and desist from such unlawful employment practice or unlawful discrimination and to take such affirmative action, including, but not limited to, hiring, reinstatement or upgrading of employees, with or without back pay, or restoration to membership, in any respondent labor organization, or extending full and equal accommodations, advantages, facilities, and privileges to all persons. N.J. Stat. Ann. § 10:5-17.
the aggrieved party may be awarded punitive damages in an amount not greater than $10,000.00 except that in the case of a class action or a director’s complaint the total amount of punitive damages shall not exceed $500,000.00 or 1% of the net worth of the defendant, whichever is less. N.J. Stat. Ann. § 34:11B-11.
It shall be unlawful for any employer to interfere with, restrain or deny the exercise of, or the attempt to exercise, the rights provided under this act or to withhold the benefits provided for under this act.
It shall be unlawful for an employer to discharge or discriminate against an individual for opposing a practice made unlawful by this act.
It shall be unlawful for a person to discharge or discriminate against an individual because the individual:
(1) has filed a charge, or has instituted or caused to be instituted a proceeding, under or related to this act;
(2) has given or is about to give information in connection with an inquiry or proceeding relating to a right provided under this act; or
(3) has testified or is about to testify in an inquiry or proceeding relating to a right provided under this act. N.J. Stat. Ann. § 34:11B-9.
N.J. Stat. Ann. §§ 34:21-1
An employer must provide written notice 60 days before emanating 50 or more full-time employees within a 30 day period. N.J. Stat. Ann. §§ 34:21-1-7.
Applies to employers that employ 100 or more full-time employees in a single establishment. N.J. Stat. Ann. § 34:21-2(a).
No administrative exhaustion. An aggrieved employee or former employee or his authorized representative may initiate suit in Superior Court under this act either individually or on behalf of employees or former employees affected by a violation of the provisions of this act. N.J. Stat. Ann. § 34:21-6.
The Act contains no statute of limitations.
Employers must provide written notice to the Commissioner of Labor and Workforce Development of the termination or transfer of operations or mass layoff. N.J. Stat. Ann. §§ 34:21-2 and 34:21-3.
If the court finds the employer has violated the provisions of this act, it shall award to the aggrieved present or former employees: costs of the action, including reasonable attorneys’ fees. Stat. Ann. § 34:21-6.
Employers who violate the Act must provide to each full-time employee whose employment is terminated and to whom the employer provides less than the number of days of notification required under the Act, severance pay equal to one week of pay for each full year of employment. N.J. Stat. Ann. § 34:21-2
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If the court finds the employer has violated the provisions of this act, it shall award to the aggrieved present compensatory damages, including lost wages, benefits and other remuneration. Any award of compensatory damages for lost wages shall be limited to the amount of severance pay required pursuant N.J. Stat. Ann. § 34:21-2. See Civil Penalties.
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N.J. Stat. Ann. § 34:19
An employer shall not take any retaliatory action against an employee because the employee does any of the following:
Discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer, or another employer, with whom there is a business relationship, that the employee reasonably believes;
Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation promulgated pursuant to law by the employer, or another employer; or
Objects to, or refuses to participate in any activity, policy or practice which the employee reasonably believes is (1) in violation of a law; is fraudulent or criminal; or is compatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment.
“Employer is defined as any individual, partnership, association, corporation or any person or group of persons acting directly or indirectly on behalf of or in the interest of an employer with the employer’s consent and shall include all branches of State Government, or the several counties and municipalities thereof, or any other political subdivision of the State, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof. N.J. Stat. Ann. § 34:19-2 (West)
“Employee” is defined as any individual who performs services for and under the control and direction of an employer for wages or other remuneration. N.J. Stat. Ann. § 34:19-2.
The protection against retaliatory action provided by this Act shall not apply unless the employee has brought the activity, policy or practice in violation of a law, or a rule or regulation promulgated pursuant to law to the attention of a supervisor of the employee by written notice and has afforded the employer a reasonable opportunity to correct the activity, policy or practice. N.J. Stat. Ann. § 34:19-4.
Upon a violation of any of the provisions of this act, an aggrieved employee or former employee may, within one year, institute a civil action in a court of competent jurisdiction. N.J. Stat. Ann. § 34:19-5; see also Urbanski v. Twp. of Edison, No. A-2129-12T2, 2014 WL 183966, at *2 (N.J. Super. Ct. App. Div. Jan. 17, 2014)
An employer shall conspicuously display, and annually distribute to all employees, written or electronic notices of its employees’ protections, obligations, rights and procedures under this act, and use other appropriate means to keep its employees so informed. Each notice posted or distributed pursuant to this section shall be in English, Spanish and at the employer’s discretion, any other language spoken by the majority of the employer’s employees. N.J. Stat. Ann. § 34:19-7.
The court shall also order, where appropriate and to the fullest extent possible the payment by the employer of reasonable costs, and attorney’s fees. N.J. Stat. Ann. § 34:19-5.
The court shall also order, where appropriate and to the fullest extent possible:
An injunction to restrain any violation of this act which is continuing at the time that the court issues its order;
The reinstatement of full fringe benefits and seniority rights;
In addition, the court or jury may order: the assessment of a civil fine of not more than $10,000 for the first violation of the act and not more than $20,000 for each subsequent violation. N.J. Stat. Ann. § 34:19-5.
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All remedies available in common law tort actions shall be available to prevailing plaintiffs, including compensation for all lost wages, benefits and other remuneration
No employer or employer’s agent, representative or designee shall discharge, discipline or otherwise penalize or threaten to discharge, discipline or otherwise penalize any employee because the employee, or a person acting on behalf of the employee, makes a good faith report, verbally or in writing, of a violation or suspected violation of this act. N.J. Stat. Ann. § 34:19-12.
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