181.89 CIVIL ACTIONS.
Subdivision 1.
May bring action. Any migrant worker claiming to be aggrieved by a
violation of sections
181.86 to
181.88 may bring a civil action for damages and injunctive relief
against the worker's employer.
Subd. 2.
Judgment; damages. If the court finds that any defendant has violated the
provisions of sections
181.86 to
181.88, the court shall enter judgment for the actual damages
incurred by the plaintiff or the appropriate penalty as provided by this subdivision, whichever
is greater. The court may also award court costs and a reasonable attorney's fee. The penalties
shall be as follows:
(1) whenever the court finds that an employer has violated the record-keeping requirements
of section
181.88, $50;
(2) whenever the court finds that an employer has recruited a migrant worker without
providing a written employment statement as provided in section
181.86, subdivision 1, $250;
(3) whenever the court finds that an employer has recruited a migrant worker after having
provided a written employment statement, but finds that the employment statement fails to comply
with the requirement of section
181.86, subdivision 1 or section
181.87, $250;
(4) whenever the court finds that an employer has failed to comply with the terms of an
employment statement which the employer has provided to a migrant worker or has failed to
comply with any payment term required by section
181.87, $500;
(5) whenever the court finds that an employer has failed to pay wages to a migrant worker
within a time period set forth in section
181.87, subdivision 2 or 3, $500; and
(6) whenever penalties are awarded, they shall be awarded severally in favor of each migrant
worker plaintiff and against each defendant found liable.
History: 1981 c 212 s 5; 1986 c 444; 2005 c 127 s 3