(3) The payment of an additional sum, not to exceed an
aggregate penalty of $5,000, as liquidated damages in the
amount of $50 to each employee or person whose rights under
this act were violated for each day or portion of a day that
the violation occurred or continued. In addition, if the
employer has unlawfully withheld paid sick days to an
employee, the employer must pay the dollar amount of paid
sick days withheld from the employee multiplied by three or
$250, whichever amount is greater.
(4) Injunctive relief.
(5) Reasonable attorney fees and costs.
(c) Limitation on damages.--The secretary, the Attorney
General or an employee enforcing this act on behalf of the
public as provided for under law shall, upon prevailing, be
entitled only to equitable, injunctive or restitutionary relief
and reasonable attorney fees and costs.
(d) Error.--An employer may not be assessed a penalty or
liquidated damages under this section due to an isolated and
unintentional payroll error or written notice error that is a
clerical or an inadvertent mistake regarding the accrual or
available use of paid sick leave. In a review under this
subsection consideration may be given to whether the employer,
prior to an alleged violation, has adopted and is in compliance
with a set of policies, procedures and practices that fully
comply with this act.
(e) Interest.--In an administrative or civil action brought
under this section, the secretary or a court shall award
interest on each amount due and unpaid calculated in accordance
with law.
(f) Penalties cumulative.--The remedies, penalties and
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