Section 689 - Violation and remediesThis section governs the enforcement of this subchapter. [1989, c. 536, §§1, 2(NEW); 1989, c. 604, §§2, 3(AFF).]
1.Remedies. Any employer who violates this subchapter is liable to any employee subjected to discipline or discharge based on that violation for: A. An amount equal to 3 times any lost wages; [1989, c. 536, §§1, 2(NEW); 1989, c. 604, §§2, 3(AFF).]B. Reinstatement of the employee to the employee's job with full benefits; [1989, c. 536, §§1, 2(NEW); 1989, c. 604, §§2, 3(AFF).]C. Court costs; and [1989, c. 536, §§1, 2(NEW); 1989, c. 604, §§2, 3(AFF).]D. Reasonable attorney's fees, as set by the court. [1989, c. 536, §§1, 2(NEW); 1989, c. 604, §§2, 3(AFF).] [1989, c. 536, §§1, 2(NEW); 1989, c. 604, §§2, 3(AFF).]
2.Breach of confidentiality. In addition to the liability imposed under subsection 1, any person who violates section 684, subsection 4, paragraph C, or section 685, subsection 3: A. For the first offense, is subject to a civil penalty not to exceed $1,000, payable to the affected employee, to be recovered in a civil action; and [1989, c. 536, §§1, 2(NEW); 1989, c. 604, §§2, 3(AFF).]B. For any subsequent offense, is subject to a civil penalty of $2,000, payable to the affected employee, to be recovered in a civil action. [1989, c. 536, §§1, 2(NEW); 1989, c. 604, §§2, 3(AFF).] [1989, c. 536, §§1, 2(NEW); 1989, c. 604, §§2, 3(AFF).]
3.Harassment. In addition to the liability imposed under subsection 1, any employer who requires or repeatedly attempts to require an employee or applicant to submit to a substance use test under conditions that would not justify the test under this subchapter or who without substantial justification repeatedly requires an employee to submit to a substance use test under section 684, subsection 3: A. Is subject to a civil penalty not to exceed $1,000, payable to the affected employee, to be recovered in a civil action; and [1989, c. 536, §§1, 2(NEW); 1989, c. 604, §§2, 3(AFF).]B. For any subsequent offense against the same employee, is subject to a civil penalty of $2,000, payable to the affected employee, to be recovered in a civil action. [1989, c. 536, §§1, 2(NEW); 1989, c. 604, §§2, 3(AFF).] [2017, c. 407, Pt. A, §112(AMD).]
4.Enforcement. The Department of Labor or the affected employee or employees may enforce this subchapter. The department may:A. Collect the judgment on behalf of the employee or employees; and [1989, c. 536, §§1, 2(NEW); 1989, c. 604, §§2, 3(AFF).]B. Supervise the payment of the judgment and the reinstatement of the employee or employees. [1989, c. 536, §§1, 2(NEW); 1989, c. 604, §§2, 3(AFF).] [1989, c. 536, §§1, 2(NEW); 1989, c. 604, §§2, 3(AFF).]
Amended by 2018, c. 407,§ A-112, eff. 8/1/2018.1989, c. 536, §§1,2 (NEW) . 1989, c. 604, §§2,3 (AMD) .