Amendment ID: S2416-4

Amendment 4

No Treble Damages

Mr. Tarr moves to amend the bill by inserting in section 1 after subsection (d) the following new subsection (e):-

(e) If, however, an employer shows by clear and convincing evidence to the court that the act or omission giving rise to such action pursuant to subsection (a) was in good faith and that the employer had reasonable grounds for believing that its act or omission was not a violation, the court may, in its sounds discretion, award no liquidated damages or award any amount thereof not to exceed three times the amount of the employee's lost wages and benefits

moves to further amend by inserting after SECTION 2 the following section:-

SECTION_. Section 150 of said chapter 149 is hereby amended by adding at the end thereof the following sentence:-If, however, an employer shows by clear and convincing evidence to the court that the act or omission giving rise to such action was in good faith and that the employer had reasonable grounds for believing that its act or omission was not a violation, the court may, in its sound discretion, award no liquidated damages or award any amount thereof not to exceed three times the amount of the employee's lost wages and benefits