9.1-704 - Employee's remedies; award of attorneys' fees and costs. - Virginia Statutes

§ 9.1-704. Employee's remedies; award of attorneys' fees and costs.

A. In an action brought under this chapter, an employer who violates theprovisions of this chapter shall be liable to the fire protection orlaw-enforcement employee affected in an amount of double the amount of theunpaid compensation due such employee. However, if the employer can provethat his violation was in good faith, he shall be liable only for the amountof the unpaid compensation plus interest at the rate of eight percent peryear, commencing on the date the compensation was due to the employee.

B. Where the fire protection or law-enforcement employee prevails, the courtshall award him attorneys' fees and costs to be paid by the employer.

C. The provisions of this section pertaining to law-enforcement employeesshall only apply in instances where the employer employs 100 or morelaw-enforcement employees.

(2001, c. 768, § 2.1-116.9:11; 2005, c. 732.)