including an investigation conducted by the employer; or
(iv) testified, assisted or participated or is about to
testify, assist or participate in any manner in an investigation
or proceeding related to any act or practice made unlawful under
this act.
(d) Taking adverse action against a person within ninety
days of the person's exercise of rights protected under this act
shall raise a rebuttable presumption of having done so in
retaliation for the exercise of those rights.
Section 2. Section 5 of the act is amended to read:
Section 5. Collection of Unpaid Wages.--(a) An employer who
[wilfully and knowingly] violates the provisions of section 3 of
this act shall be liable to the employe or employes affected in
the amount of [their unpaid wages and in addition, an equal
amount as liquidated damages.] the sum of the following:
(1) the difference between the amount of wages paid and the
maximum wage paid any other employe for equal work;
(2) compensatory damages;
(3) reasonable attorney fees and costs;
(4) punitive damages, if the violation is found to be
intentional or committed with reckless indifference to the
employe's rights under this act; and
(5) any other legal and equitable relief as may be
appropriate, including, but not limited to, employment
reinstatement and promotion.
(a.1) Action to recover such wages [and], damages and legal
or equitable relief may be maintained in any court of competent
jurisdiction by any one or more employes for and in behalf of
himself or themselves and other employes similarly situated.
(a.2) Any agreement between the employer and an employe to
20210SB0389PN0344 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30