§ 8.3-905
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§8.3–905.
(a)If an employee or the Department believes that an employer, a self–employed individual, or an insurer has violated this title or regulations adopted by the Department under this title, the employee or the Department may file a written complaint with the Secretary’s designee.
(1)Within 90 days after the receipt of a written complaint, the Secretary’s designee shall conduct an investigation and attempt to resolve the issue informally through mediation.
(i)If the Secretary’s designee is unable to resolve an issue through mediation during the period stated in paragraph
(1)of this subsection and the Secretary’s designee determines that an employer has violated this subtitle, the Secretary’s designee shall issue an order.
(ii)An order issued under subparagraph
(i)of this paragraph:
1. shall describe the violation;
2. shall direct, if appropriate, the recovery of lost wages and damages equal to the amount of wages, salary, employment benefits, or other compensation denied or lost, and any actual economic damages;
3. may, in the Secretary’s discretion, seek reinstatement or the hiring of employees with or without back pay; and
4. may, in the discretion of the Secretary’s designee, assess a civil penalty of up to $1,000 for each employee for whom the employer is not in compliance with this title.
(3)The actions taken under paragraphs
(1)and
(2)of this subsection are subject to the hearing and notice requirements of Title 10, Subtitle 2 of the State Government Article.
(1)Within 30 days after the Secretary issues an order, an employer shall comply with the order.
(2)If an employer does not comply with an order within the time period stated in paragraph
(1)of this subsection:
(i)the Secretary may:
1. with the written consent of the employee, ask the Attorney General to bring an action on behalf of the employee in the county where the employer is located; or
2. bring an action to enforce the order for the civil penalty in the county where the employer is located; and
(ii)within 3 years after the date of the order, an employee may bring a civil action to enforce the order in the county where the employer is located.
(3)If an employee prevails in an action brought under paragraph (2)(ii) of this subsection to enforce an order, the court may award:
(i)three times the value of the employee’s lost wages and damages equal to the amount of wages, salary, employment benefits, or other compensation denied or lost;
(ii)punitive damages in an amount to be determined by the court;
(iii)reasonable counsel fees and other costs;
(iv)injunctive relief, if appropriate; and
(v)any other relief that the court deems appropriate.