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DISCUSSION DRAFT S.L.C.
Section 16 (29 U.S.C. 216) is amended by adding at the 1
end the following: 2
"(f) Any employer who violates section 12 shall be 3
liable for such legal or equitable relief as may be appro- 4
priate where such violation results in serious bodily injury 5
to, serious illness, or the death of a minor. An action to 6
recover such relief may be brought against any employer 7
in a Federal or State court of competent jurisdiction, with- 8
out regard to the amount in controversy, by any employee 9
subject to the protections of section 12 or by the employ- 10
ee's legal guardian or the employee's survivors. The court 11
in such action shall, in addition to any other judgment 12
awarded to the plaintiff, allow a reasonable attorney's fee 13
to be paid by the defendant and the costs of the action. 14
If the employee, the employee's legal guardian, or the em- 15
ployee's survivors collect a judgment under this subsection 16
and also seek recovery for the same violation through 17
State worker's compensation laws, the provisions of this 18
subsection shall not be construed to prohibit a State from 19
electing to offset recovery obtained under this subsection 20
against recovery provided through such State worker's 21
compensation laws. A court, in a case described in the pre- 22
ceding sentence, may consider the amount recovered under 23
any State worker's compensation laws in awarding relief 24
under this subsection.". 25
Mirror Image, Inc. and
Broadmeadows Middle School