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(A) Agreements and Penalties. Each agreement pursuant to acts, or agreements designated by Council, shall contain a provision stating the penalties for failure to pay Tribally determined prevailing wages (“wage penalty”) or for failing to maintain records (“records penalty”).

The wage penalty shall be calculated by determining the difference between the amount the employee was entitled to under this chapter and multiplying the sum by two (2).

(For example: employee is paid ten dollars ($10) per hour for eight (8) hours for a total sum of eighty dollars ($80), employee is entitled to fifteen dollars ($15) per hour under this chapter for eight (8) hours for a total sum of one hundred twenty dollars ($120); one hundred twenty dollars ($120) minus eighty dollars ($80) equals forty dollars ($40); forty dollars ($40) times two (2) equals eighty dollars ($80) total wage penalty to be paid to employee.) The records penalty of five hundred dollars ($500) per day not to exceed a total of ten thousand dollars ($10,000) or fifteen (15) percent of the total agreement value, whichever is greater, shall be imposed on an employer for each day an employer fails to maintain or allow the Tribe, its departments and entities, or an employee to inspect certified payroll records as required by this chapter or fails to provide a copy of such record within five (5) work days of a written request (“records penalty”).

(B) Tribal Action. The Tribe, its departments and entities and any adversely affected employee may bring an action in Tribal Court against any employer to recover the amount of the wage penalty required under this chapter plus ten (10) percent per annual interest from the date a lawsuit is fined and/or the records penalty for failure to maintain, allow inspection or to provide copies of certified payroll records. In addition, in any such action, the Tribe, its departments or entities or the employee shall be entitled to recover from the employer reasonable legal fees in addition to his or her other costs of legal action.

(C) Limitation of Actions. No action under this chapter shall be filed or allowed more than two (2) years after the date such wages became due and payable under the agreement. [Res. 02-R-57 § 6, 7/26/2002.]