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(1) An employee or an Authorized Organization may file an action under this Chapter in any court of competent jurisdiction. Upon a finding of a violation of this Chapter by the respondent employer, the court shall award the employee the unpaid wages due, costs, reasonable attorney's fees, and penalties pursuant to this Chapter.
(2) If during the pendency of a determination by the wage theft coordinator, prior to the issuance of a final decision, a complainant employee or Authorized Organization brings a private action in its own right, whether under this Ordinance, state law, or federal law, in any state or federal court, seeking unpaid wages based upon the same facts and allegations as the complainant employee's complaint under the Chapter, or affirmatively or by consent opts to participate in any such litigation, that complainant employee's complaint of wage theft to the wage theft coordinator shall be deemed withdrawn with respect to any respondent employer named as a defendant in such court action. This Section shall be interpreted narrowly so as to leave unaffected any cumulative rights which were not the subject of the complainant employee's complaint. 1366
(3) Nothing in this Chapter or its implementing regulations shall be construed as to require a complaint to be filed with the wage theft coordinator before bringing an action in court or before any other governmental agency.
Notes
1366 | Amended, Bill No. 171113 (approved March 6, 2018). |
In an action brought under this Chapter, two or more respondents may be held as jointly and severally liable for any amount payable to the complainant; however, the total amount the complainant may receive from jointly and severally liable respondents shall not exceed the total amount for which respondents are jointly and severally liable.
Notes
1367 | Amended, Bill No. 171113 (approved March 6, 2018). |
(1) Penalties for each violation of this Chapter may be imposed to the full extent allowed by the Home Rule Act, 53 P.S. § 13131. The maximum allowable penalties shall be imposed if the violation is wanton and willful.
(2) Any person who makes or causes to be made any false entry or false statement of fact in any complaint, answer, report, account, record or other document submitted to the wage theft coordinator, or who shall willfully mutilate, alter or by any other means falsify any documentary evidence, may be fined up to two thousand dollars ($2,000).
Notes
1368 | Amended, Bill No. 171113 (approved March 6, 2018). |
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