(a) 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: (1) the difference between the wage paid to the covered employee and the wage required under this subtitle; (2) 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 (3) counsel fees and other costs. (b) On the written request of a covered employee who is entitled to bring an action under this section, the Commissioner may: (1) take an assignment of the claim in trust for the covered employee; (2) ask the Attorney General to bring an action in accordance with this section on behalf of the covered employee; and (3) consolidate two or more claims against an employer. (c) 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. (d) (1) 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: (i) the difference between the wage paid to the covered employee and the wage required under this subtitle; (ii) 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 (iii) reasonable counsel fees and other costs. (2) 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: (i) determine that liquidated damages should not be awarded; or (ii) award, as liquidated damages, any amount less than the amount specified in paragraph (1)(ii) of this subsection.
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