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Senate Bill 389 Printer's Number 344

PENNSYLVANIA, March 10 - 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

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