Section 3-307 - Action against employer by or for employee.
§ 3-307. Action against employer by or for employee.
(a) Action by employee.-
(1) If an employer violates this subtitle, an affected employee may bring an action against the employer to recover the difference between the wages paid to male and female employees who do the same type work and an additional equal amount as liquidated damages.
(2) An employee may bring an action on behalf of the employee and other employees similarly affected.
(b) Assignment of claims.- 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.
(c) Limitations period.- An action under this section shall be filed within 3 years of the act on which the action is based.
(d) Defense.- 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.
(e) Costs.- 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.
[An. Code 1957, art. 100, § 55D; 1991, ch. 8, § 2.]