Section EMP.05.06 — Tribal Court Jurisdiction

(a) The Stockbridge-Munsee Tribal Court shall have jurisdiction to hear actions to enforce the provisions of this Ordinance.

(b) A petition filed in Tribal Court under this ordinance must include at least the following:

(1) The name and address of the petitioner.

(2) A statement identifying which of the provisions of this Ordinance has been violated.

(3) A brief description of the facts and events that gave rise to the alleged violation.

(4) The remedy sought.

(c) In addition to the requirements in Section EMP.05.06(b), petitioners must comply with the filing requirements contained in the Stockbridge-Munsee Tribal Court Rules of Civil Procedure.

(d) Upon a finding by the Court based upon credible evidence and by a preponderance of the evidence that a violation of this Ordinance has occurred, the Court may order any of the following remedies:

(1) If the employee has been underpaid, the employer may be ordered to pay the difference in the wage paid to the employee and Prevailing wage.

(A) The Court may also order punitive damages not to exceed three times the amount of Section EMP.05.06(d)(1).

(B) The Court may also award reasonable attorney fees to the prevailing party.

(C) The Court may also issue an order barring the contractor/employer and/or its principal employees from performing work or services to the Stockbridge-Munsee Community, not to exceed five years.

(D) The Court may also order any other remedy that is narrowly tailored to remedy the violation.

(2) For any other violations, the Court may order any of the remedies from Section EMP.05.06(d)(1)(B) - (D) or impose fines and interest not to exceed $500.00 per day.

(e) Actions brought under this Ordinance must be brought with one year of the event that gave rise to the petitioner's claim.