Page:United States Statutes at Large Volume 80 Part 1.djvu/1005

 80 STAT. ]

PUBLIC LAW 89-684-OCT. 15, 1966

of section 11 or any regulation or order issued under section 8, knowing such statement, report, or record to be false in a material respect; (3) to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, has testified or is about to testify m any such proceeding, or has served or is about to serve on any ad hoc advisory committee; or "(4) to hinder or delay the Commissioners or their authorized representative in the performance of their duties in the enforcement of this Act, to refuse to admit the Commissioners or their authorized representative to any place of employment, to refuse to make available to the Commissioners or their authorized representative, upon demand, any record required to be made, kept, or preserved under this Act, or to fail to post a summary or copy of this Act or of any applicable regulation or order, as required under section 12. "PENALTIES

"SEC. 14. Any person who willfully violates any of the provisions of section 13 shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment of not more than six months, or both. No person shall be imprisoned under this section except for an offense committed after the conviction of such person for a prior offense under this section. Prosecutions for violations of this Act shall be in the District of Columbia Court of General Sessions and shall be conducted by the Corporation Counsel of the District of Columbia. "EMPLOYEE REMEDIES

"SEC. 15. (a) Any employer who pays any employee less than the wage to which such employee is entitled under this Act or any order or regulation issued thereunder, shall be liable to such employee in the amount of such unpaid wages, and in an additional equal amount as liquidated damages, except that if, in any action commenced to recover such unpaid wages or liquidated damages, the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a ^dolation of this,Act, the court may, in its sound discretion, award no liquidated damages, or award any amount thereof not to exceed the amount specified in this section. Action to recover such liability may be maintained in any court of competent jurisdiction in the District of Columbia by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought. The court in such action shall allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. Any agreement between an employer and an employee to work for less than the wages to which such employee is entitled under this Act or any order or regulation issued thereunder shall be no defense to any action to recover such unpaid wages or liquidated damages. "(b) At the written request of any employee paid less than the wage to which such employee is entitled under this Act or any order or regulation issued thereunder, the Commissioners may take an assignment of such wage claim in trust for the assigning employee and may bring

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