Sec. 1. 26 MRSA §848, as enacted by PL 1987, c. 661, is repealed and the following enacted in its place:

§848. Judicial enforcement

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

B.__Order the employer to pay liquidated damages of $100 to the employee for each day that the violation continued.

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 or 2, or less than the amount awarded under subsection 1 or 2 if the employer proves to the satisfaction of the court that the employer has acted in good faith and with reasonable grounds for believing that its actions were not illegal.

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.

SUMMARY

This bill expands the remedies available to employees alleging violations of the Maine family medical leave requirements to equal those available under federal law. The remedies include back pay, interest, attorney's fees and costs, liquidated double damages and equitable remedies.