R 408.9034 Assessment of exemplary damages.

Rule 34. (1) The department shall order an employer who has violated section 2, 3, 4, 5, 6, 7, or 8 of the act to pay exemplary damages to the employee in either of the following situations: (a) If the employer was previously found to have violated the same section of the act against the same employee at any time within 12 months before the occurrence of the violation. (b) If the department determines that the act was deliberately and knowingly violated. (2) The department may assess exemplary damages at not more than twice the amount of wages and fringe benefits which were due and shall be paid to the employee.