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<section article="gle" article_name="Labor and Employment" number="3-1609" title_number="3" title_name="Employment Standards and Conditions" subtitle_number="16" subtitle_name="Secure Maryland Wage Act">
  <level label="a">
    <text>If an employer pays a covered employee less than the wage required under this subtitle, the covered employee may bring an action against the employer to recover:</text>
    <level label="1">
      <text>the difference between the wage paid to the covered employee and the wage required under this subtitle;</text>
    </level>
    <level label="2">
      <text>an additional amount equal to the difference between the wage paid to the covered employee and the wage required under this subtitle as liquidated damages; and</text>
    </level>
    <level label="3">
      <text>counsel fees and other costs.</text>
    </level>
  </level>
  <level label="b">
    <text>On the written request of a covered employee who is entitled to bring an action under this section, the Commissioner may:</text>
    <level label="1">
      <text>take an assignment of the claim in trust for the covered employee;</text>
    </level>
    <level label="2">
      <text>ask the Attorney General to bring an action in accordance with this section on behalf of the covered employee; and</text>
    </level>
    <level label="3">
      <text>consolidate two or more claims against an employer.</text>
    </level>
  </level>
  <level label="c">
    <text>The agreement of a covered employee to work for less than the wage to which the covered employee is entitled under this subtitle is not a defense to an action under this section.</text>
  </level>
  <level label="d">
    <level label="1">
      <text>If a court determines that a covered employee is entitled to recovery in an action under this section, the court shall award to the covered employee:</text>
      <level label="i">
        <text>the difference between the wage paid to the covered employee and the wage required under this subtitle;</text>
      </level>
      <level label="ii">
        <text>except as provided in paragraph (2) of this subsection, an additional amount equal to the difference between the wage paid to the covered employee and the wage required under this subtitle as liquidated damages; and</text>
      </level>
      <level label="iii">
        <text>reasonable counsel fees and other costs.</text>
      </level>
    </level>
    <level label="2">
      <text>If an employer shows to the satisfaction of the court that the employer acted in good faith and reasonably believed that the wages paid to the covered employee were not less than the wage required under this subtitle, the court shall:</text>
      <level label="i">
        <text>determine that liquidated damages should not be awarded; or</text>
      </level>
      <level label="ii">
        <text>award, as liquidated damages, any amount less than the amount specified in paragraph (1)(ii) of this subsection.</text>
      </level>
    </level>
  </level>
</section>
