(ii) For a second violation, $1,000.
(iii) For a third or subsequent violation, $2,000.
(2) For a violation of any other provision of this act:
(i) For a first violation, $1,000.
(ii) For a second violation, $1,500.
(iii) For a third or subsequent violation, $3,000.
(g) Civil action.--The department, an individual aggrieved
by a violation of this act or an entity, a member of which is
aggrieved by a violation of this act, may bring a civil action
in a court of competent jurisdiction against a covered employer
that has violated this act. The following shall apply:
(1) If during the pendency of a determination by the
department, prior to the issuance of a final decision, an
employee brings a private action under this act in a court of
competent jurisdiction seeking relief based upon the same
facts and allegations as the employee's complaint under this
act, or affirmatively or by consent opts to participate in
litigation, that employee's complaint to the department shall
be deemed withdrawn with respect to any respondent covered
employer named as a defendant in a court action.
(2) Nothing in this act or its implementing regulations
shall be construed to require a complaint to be filed with
the department before bringing an action in court or before
another governmental agency.
(3) Upon prevailing in an action brought under this
section, an aggrieved individual shall recover the full
amount of unpaid compensation, including predictability pay,
to which the individual would have been entitled under this
act, any wages and benefits lost, presumed damages under
subsection (f) and department regulations, other damages
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