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§ 3-307. Action against employer by or for employee

West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2016

West's Annotated Code of Maryland
Labor and Employment
Title 3. Employment Standards and Conditions (Refs & Annos)
Subtitle 3. Equal Pay for Equal Work (Refs & Annos)
Effective: October 1, 2016
MD Code, Labor and Employment, § 3-307
§ 3-307. Action against employer by or for employee
Action by employee
(a)(1) If an employer knew or reasonably should have known that the employer's action violates § 3-304 of this subtitle, an affected employee may bring an action against the employer for injunctive relief and to recover the difference between the wages paid to employees of one sex or gender identity and the wages paid to employees of another sex or gender identity who do the same type work and an additional equal amount as liquidated damages.
(2) If an employer knew or reasonably should have known that the employer's action violates § 3-304.1 of this subtitle, an affected employee may bring an action against the employer for injunctive relief and to recover actual damages and an additional equal amount as liquidated damages.
(3) An employee may bring an action on behalf of the employee and other employees similarly affected.
Assignment of claims
(b) On the written request of an employee who is entitled to bring an action under this section, the Commissioner may:
(1) take an assignment of the claim in trust for the employee;
(2) ask the Attorney General to bring an action in accordance with this section on behalf of the employee; and
(3) consolidate 2 or more claims against an employer.
Limitations period
(c) An action under this section shall be filed within 3 years after the employee receives from the employer the wages paid on the termination of employment under § 3-505(a) of this title.
Defense
(d) The agreement of an employee to work for less than the wage to which the employee is entitled under this subtitle is not a defense to an action under this section.
Costs
(e) If a court determines that an employee is entitled to judgment in an action under this section, the court shall allow against the employer reasonable counsel fees and other costs of the action, as well as prejudgment interest in accordance with the Maryland Rules.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 2016, c. 556, § 1, eff. Oct. 1, 2016; Acts 2016, c. 557, § 1, eff. Oct. 1, 2016.
Formerly Art. 100, § 55D.
MD Code, Labor and Employment, § 3-307, MD LABOR & EMPLY § 3-307
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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