law, to a civil penalty of not more than $25,000 for each
violation and an additional $10,000 per nursing unit shift
until the violation is corrected.
(2) A hospital employer found to have violated or
interfered with any of the rights or protections provided and
guaranteed under sections 836-A, 837-A, 838-A, 839-A and
840-A shall be subject to a civil penalty of not more than
$25,000 for each violation or occurrence of prohibited
conduct.
(3) A hospital management, nursing service or medical
personnel found to have violated or interfered with any of
the rights or protections provided and guaranteed under
sections 836-A, 837-A, 838-A, 839-A and 840-A shall be
subject to a civil penalty of not more than $20,000 for each
violation or occurrence of prohibited conduct.
Section 845-A. Private right of action.
(a) General rule.--A hospital or other health care facility
that violates the rights of an employee specified in sections
835-A, 836-A, 837-A, 838-A and 839-A may be held liable to the
employee in an action brought in a court of competent
jurisdiction for such legal or equitable relief as may be
appropriate to effectuate the purposes of this chapter,
including, but not limited to, reinstatement, promotion, lost
wages and benefits and compensatory and consequential damages
resulting from the violations together with an equal amount in
liquidated damages. The court in the action shall, in addition
to any judgment awarded to the plaintiffs, award reasonable
attorney fees and costs of action to be paid by the defendants.
The employee's right to institute a private action is not
limited by any other rights granted under this chapter.
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