Kelli K. Goodrow vs. Lane Bryant, Inc.
Case Details
- Citation
- 432 Mass. 165
- Procedural Posture — the stage the case had reached
- appeal
- State
- Massachusetts
- Circuit
- 1st Circuit
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
The court reversed the lower court's award of $3,773.58 in overtime damages to the employee and affirmed the denial of treble damages. The court held that the employee was not exempt as a 'bona fide executive' under state law, but disagreed with the judge's method of calculating overtime compensation and the applicability of the fluctuating workweek method.
Excerpt
Kelli K. Goodrow vs. Lane Bryant, Inc. Suffolk. April 6, 2000. July 31, 2000. Present: Abrams, Greaney, Ireland, Spina, & Cowin, JJ. Statute, Construction, Federal preemption. Administrative Law, Regulations. Labor, Overtime compensation, Damages. Words, “Bona fide executive.” A Superior Court judge correctly concluded that a salaried employee was not employed as a “bona fide executive,” as that is defined in Federal regulations interpreting 29 U.S.C. § 213(a)(1), and that the employee was not exempt from the overtime provisions of G. L. c. 151, § 1A. [171-173] Discussion of the calculation of the “regular rate of pay” for salaried employees whose weekly work hours vary. [173-176] The application of the “fluctuating work week” method of calculating overtime pay for nonexempt salaried employees, described in 29 C.F.R. § 778.114, is permissible under G. L. c. 151, § 1A, and regulations promulgated thereunder, and an employer’s use of a standard calculation based on forty hours rather than the actual number of hours worked did not prejudice the employee. [176-177] This court concluded that where the “fluctuating work week” method is used to calculate overtime there must be a “clear mutual understanding” as defined in 29 C.F.R. § 778.114 between the employer and employee that that method will be used; to the extent that 455 Code Mass. Regs. § 2.02, tenth par., does not require such a “clear mutual understanding,” it is preempted by the Federal regulation. [177-178] In an action brought by an employee against an employer under G. L. c. 151, § 1A, for overtime compensation, nothing in the record supported a finding that the employer intentionally or wilfully violated State law or that it had an “evil motive” or was recklessly indifferent to employees’ rights, such as would support an award of treble damages. [178-179] Civil action commenced in the Superior Court Department on July 7, 1995. The case was heard by Allan van Gestel, J., and a motion to file a late notice of cross-appeal was heard in the Appeals Court by Kenneth Laurence, J. The Supreme Judicial Court granted an application for direct appellate review. R. Robert Popeo (Kenneth M. Bello with him) for the defendant. Thomas V. Urmy, Jr. (Christine E. Morin & Theodore M. Hess-Mahan with him) for the plaintiff. The following submitted briefs for amici curiae: Thomas E. Shirley & David C. Kurtz for Retailers Association of Massachusetts & another. Loretta M. Smith for New England Legal Foundation. Spina, J. Kelli K. Goodrow (Goodrow) commenced a class action against Lane Bryant, Inc. (Lane Bryant), for failing to pay overtime compensation at the rate of one and one-half times her hourly rate for the hours she worked in excess of forty in any work week, contrary to G. L. c. 151, § 1A. She also sought individually triple damages under G. L. c. 151, § IB. After a jury-waived trial, a Superior Court judge found for Goodrow and awarded her damages in the amount of $3,773.58, plus interest, costs, and reasonable attorney’s fees. Lane Bryant appealed, claiming (1) Goodrow was exempt from the provisions of § 1A because she was a “bona fide executive”; (2) the judge’s method of calculating overtime compensation for Goodrow, a salaried employee, was incorrect; and (3) G. L. c. 151, §§ 1A and IB, are unconstitutionally vague as applied. We granted its application for direct appellate review. The judge further found, as a matter of discretion, that individually Goodrow was not entitled to triple damages. Goodrow appealed, claiming the judge lacked discretion to deny triple damages after finding a violation of § 1A. We granted her application for direct appellate review. We reverse the'judgment for Goodrow and affirm the judgment denying punitive damages. 1. Background facts. We summarize the facts found by the judge. Lane Bryant operates a nationwide chain of retail stores that sell clothing and related goods to larger women. Goodrow began working at the Lane Bryant store in the Greendale Mall in Worcester on November 9, 1993. After a brief period of training Goodrow was transferred to the Lane Bryant store in Auburn, where she remained until she resigned, on April 10, 1995. On an average day, two or three employees worked in the Auburn store: a store sales manager, a cosales manager, and a sales associate. Goodrow’s job title was “co-sales manager.” Store sales managers and cosales managers were paid on a weekly salary basis. Sales associates, who were generally part-time workers, were paid on an hourly basis. Goodrow never worked less than forty hours per week, and ordinarily worked forty-six to forty-seven hours per week. During holiday seasons, Goodrow worked an additional five to seven hours per week. Her initial salary was $320 per week. On March 6, 1994, Good-row’s pay was raised to $325 per week. On March 12, 1995, her pay was raised again to $342 per week. Goodrow’s daily duties were as follows. She arrived at approximately 9:30 a.m., when she would turn on the cash registers, put cash in the registers, and examine the “register mail.” At 10 a.m. the store opened to customers. For the rest of the day she and the other employees performed retail sales work, including such tasks as waiting on and assisting customers, ringing up sales, setting up special promotional sales displays, replacing sold items on shelves, racks, or hangers, and keeping the store neat and presentable. Goodrow’s other duties included cleaning bathrooms, putting out trash, and providing on-the-job guidance and assistance to sales associates. At about 12:30 p.m. the part-time sales associate would go home and another cosales manager would arrive and stay until closing while Goodrow remained until 6:30 p.m. When Goodrow was the cosales manager who arrived at 12:30 p.m., she would stay until the store closing process was completed at about 9:30 p.m. The closing process included cleaning up the premises, vacuuming the floor, replacing light bulbs, washing mirrors, dusting, closing the cash registers, putting away the day’s receipts, making bank deposits, and locking the store for the night. Whenever Goodrow left the store her pocketbook and bags were checked by another employee pursuant to a company policy designed to minimize employee theft. Cosales managers such as Goodrow did not have authority to hire, fire, or discipline other employees. During the period Goodrow worked in the Auburn store, the position of store sales manager was left unfilled on two occasions that lasted approximately four and ten weeks, respectively. Goodrow, the cosales manager with seniority on those occasions, assumed some of the responsibilities ordinarily held by the sales manager. Her assumption of those duties was unofficial and resulted in no increase in compensation. During those two periods the Lane Bryant district manager visited the store more often, sometimes as many as three or four times each week. Prior to the time of Goodrow’s employment cosales managers were paid on a salary basis plus some overtime. Then, in 1991, they were paid only straight salary with no overtime. The United States Department of Labor (DOL) investigated Lane Bryant’s overtime payment practices to determine whether they complied with the Federal Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. §§ 201-219. In November, 1992, one year before Goodrow joined Lane Bryant, the company reached an accord with the DOL. Under the terms of that agreement Lane Bryant was to “pay [its] co-managers on a fluctuating workweek basis” beginning November 15, 1992. That agreement further provided that, “in order to avoid weekly computations and to provide additional compensation, co-managers, in accordance with [Field Operations Handbook] § 32b04b(a),[] will receive an extra half-time based on their salary divided by 40 hours.” Goodrow testified that, at the time she was hired in 1993, the Lane Bryant district manager who interviewed her told her that she would receive eight dollars per hour, which “averaged out to $320 a week for forty hours,” and that, for all hours she worked in excess of forty, she would be paid at half of her hourly rate. On March 15, 1995, Goodrow signed a memorandum explaining the compensation scheme as it applied to her first pay raise. In pertinent part, the memorandum read: “As a Co-Sales Managers [szc] (‘CSM’) of Lane Bryant, you are an Exempt, Salaried associate. This means that you will be paid a weekly salary for hours worked each week. For all hours worked in excess of 40 per week, you will receive a supplemental rate of pay equal to one-half (.5) your regular rate of pay. . . . Please note that any benefits to which you may be entitled (sick, vacation, holiday, etc.) are paid based on a 40-hour week, or 8 hours per day.” The memorandum also included the following example: “Example (Based on 45 hour workweek): Your Personal Calculation: Base Weekly Salary: $308.00/week $325.60/week Supplemental Rate: $3.85/hour ($308/40 X .5) $4.07/hour $308.00 X 52 wks = $16,016.00 $325.60X52 = $16,931.20 $3.85 X 52 wks X 5 = $1,001.00 $4.07 X52X5 = $1,058.20 Annual Target Salary: $17,017.00 $17,989.40 Your Paycheck Should Show (Gross Pay): Base Weekly Salary (Regular Pay @ 40 hrs): $325.60 Supplemental Pay (Overtime Pay @ 5hrs): $20.35.” Goodrow resigned, voluntarily, on April 10. 2. “Bona fide executive” exemption. Lane Bryant argues that Goodrow was exempt from the overtime provisions of G. L. c. 151, § 1A, because she was a “bona fide executive” within the meaning of G. L. c. 151, § 1A (3), especially during the periods of time when she temporarily assumed the responsibilities of a store manager. Lane Bryant contends that, because neither the statute nor the corresponding regulations define “bona fide executive,” and absent any Massachusetts appellate decision construing the term, we should look to the ELSA and the Federal regulations to determine whether Goodrow was an exempt employee. Lane Bryant further argues that employees who have limited control or discretion in the workplace and who spend the majority of their time on nonexempt tasks may nevertheless be considered exempt as bona fide executives under the FLSA, and should receive similar treatment under G. L. c. 151, § 1A (3). Generally, the party claiming an exemption from the provisions of a statute has the burden to show that it is entitled to the exemption. Cf. New England Legal Found. v. Boston, 423 Mass. 602, 609 (1996) (burden on taxpayer claiming exemption to prove entitlement); Burnham v. Mark IV Homes, Inc., 387 Mass. 575, 580 (1982) (burden on party claiming exemption under G. L. c. 93A to prove entitlement). Where a “statute does not effectively define [terms] we have said that the Legislature should be supposed to have adopted the common meaning of the word, as assisted by a consideration of the historical origins of the enactment.” Jancey v. School Comm. of Everett, 421 Mass. 482, 490 (1995), S.C., 427 Mass. 603 (1998), quoting Westinghouse Broadcasting Co. v. Commissioner of Revenue, 382 Mass. 354, 357, appeal dismissed, 452 U.S. 933 (1981). The legislative history of G. L. c. 151, § 1A, provides no guidance as to the meaning of the term “bona fide executive.” See St. 1960, c. 813; 1960 Senate Doc. No. 1; 1960 House Doc: Nos. 1348, 2414, 3100; 1959 House Doc. No. 2666. In such instances we may look to interpretations of analogous Federal statutes for guidance, see Tate v. Department of Mental Health, 419 Mass. 356, 361 (1995), but we are not bound by them. See Blare v. Husky Injection Molding Sys. Boston, Inc., 419 Mass. 437, 441 (1995); College-Town, Div. of Interco, Inc. v. Massachusetts Comm’n Against Discrimination, 400 Mass. 156, 163 (1987). There is also the matter of preemption. Title 29 U.S.C. § 218(a) makes clear that the wage and hour standards set forth in the FLSA are the floor, and that “the FLSA does not preempt any existing state law that establishes a higher minimum wage or a shorter workweek than the federal statute.” Cosme Nieves v. Deshler, 786 F.2d 445, 452 (1st Or.), cert. denied, 479 U.S. 824 (1986). Conversely, a State law may be preempted by the FLSA if it conflicts with the FLSA, or if it is impossible for a third party to comply with both the FLSA and the State law. See Commonwealth Elec. Co. v. Department of Pub. Utils., 397 Mass. 361, 375-376 (1986), cert. denied, 481 U.S. 1036 (1987). Title 29 U.S.C. § 213(a)(1) provides: “[S]ection 207 of this title shall not apply with respect to . . . any employee employed in a bona fide executive, administrative, or professional capacity.” This provision is nearly identical to G. L. c. 151, § 1A (3). However, unlike its State counterpart, it is illuminated by interpretive regulations defining and delimiting the terms “executive, administrative, or professional.” See 29 C.F.R. §§ 541.0 et seq. (1999). To determine whether an employee is an “executive,” 29 C.F.R. § 541.1 establishes a “long test” for employees who earn between $155 and $250 a week, and 29 C.F.R. § 541.119 establishes a “short test” for those earning more than $250 a week. Goodrow was not a bona fide execu-five under either test. Her primary duty at Lane Bryant did not consist of “management of the enterprise” or a subdivision thereof, nor did it involve determining Lane Bryant’s over-all course or policies. See Bratt v. County of Los Angeles, 912 F.2d 1066, 1070 (9th Cir. 1990), cert. denied, 498 U.S. 1086 (1991); 29 C.F.R. § 541.1(a). Despite her temporary assumption of managerial duties at the Auburn store, Goodrow did not spend more than fifty per cent of her time at Lane Bryant performing managerial duties. “As a ‘rule of thumb,’ for tasks to constitute an employee’s primary duty, ‘the employee must devote more than fifty percent of [her] time to these duties.’ ” West v. Anne Arundel County, 137 F.3d 752, 763 (4th Cir.), cert. denied, 525 U.S. 1048 (1998), quoting Shockley v. Newport News, 997 F.2d 18, 26 (4th Cir. 1993). See 29 C.F.R. §§ 541.103, 541.206(b). At best, Goodrow customarily and regularly directed the work of only one part-time sales associate at the store, not the two or more required by 29 C.F.R. § 541.1(b) and (f). Goodrow had no authority or influence over any decision to hire, fire, promote or demote any other employee in the store. See 29 C.F.R. § 541.1(c). She did not exercise any discretionary powers in the execution of her job because all decisions she made concerning the business of the store were subject to the approval of upper level managers. See 29 C.F.R. § 541.1(d). Finally, Goodrow spent well over forty per cent of her time at Lane Bryant engaged in nonmanagerial activity. See 29 C.F.R. § 541.1(e). She was primarily occupied with carrying out the day-to-day affairs of the retail business. Nor do we think that Goodrow was a bona fide executive within the common understanding of those words. Webster’s Third New Int’l Dictionary 794 (1993) defines “executive” as “one who holds a position of administrative or managerial responsibility in a business or other organization.” “Administrative” pertains to “the management of public affairs [or] the principles, practices, and rationalized techniques employed in achieving the objectives or aims of an organization.” Id. at 28. To “manage” is “to control and direct.” Id. at 1372. In a related context, the Legislature defined a managerial employee as one who “participate [s] to a substantial degree in formulating or determining policy.” G. L. c. 150E, § 1. “Bona fide” is defined as “in good faith without fraud or deceit. . . . [synonym] authentic.” Webster’s Third New Int’l Dictionary, supra at 250. Although her title was “co-manager,” Goodrow did not hold a position of managerial responsibility within the Lane Bryant organization. She did not have any significant control or discretion over the principles, practices, and strategies applied by Lane Bryant in achieving its business objectives, and she did not participate to any degree whatsoever in formulating or determining Lane Bryant’s policies. She performed the duties of the sales manager on two occasions for a total of only fourteen weeks, but they were not her regular duties, she received no pay differential for the extra work, and the district manager could be seen as the actual temporary manager in light of her stepped up visits to the store. A manager in name does not a manager make. Goodrow’s duties and her modest level of compensation do not comport with what is commonly understood as an “executive” position. The common understanding of the term, which we apply in the absence of any Massachusetts statutory or regulatory definition, is at least as beneficial to the employee as the Federal definition. Consequently, there is no preemption of our gloss. The judge correctly concluded that Goodrow was not employed as a bona fide executive at Lane Bryant and thus was not exempt from the overtime provisions of G. L. c. 151, § 1A. 3. Calculation of overtime. Lane Bryant argues that the judge erred in calculating Goodrow’s overtime pay because the method he used to define her regular rate of pay was inconsistent with the applicable Massachusetts regulation, 455 Code Mass. Regs. § 2.02, tenth par. (1993), as well as the Federal regulations. Lane Bryant further argues that because G. L. c. 151, § 1A, is largely based on 29 U.S.C. § 207(a)(1), and application of the “fluctuating workweek” method of calculating overtime as described in 29 C.F.R. § 778.114 is an acceptable means of complying with Federal law, its application also must be permissible under Massachusetts law. The judge concluded that G. L. c. 151, § 1A, requires that all employees receive overtime at the rate of one and one-half times the hourly rate they earn in a forty-hour week. His interpretation is more beneficial to the employee than the method of payment permitted under the Federal regulations, but it ignores the Massachusetts regulations. General Laws c. 151, § 1A, provides that “no employer in the commonwealth shall employ any of his employees ... for a work week longer than forty hours, unless such employee receives compensation for his employment in excess of forty hours at a rate not less than one and one half times the regular rate at which he is employed.” The corresponding regulation in effect during Goodrow’s employment provided that the basic minimum overtime rate was “1 Vz times the employee’s regular rate of pay.” 455 Code Mass. Regs. § 2.03(1) (1993). The term “regular rate of pay,” however, is defined neither in the statute nor in the regulation. Title 455 Code Mass. Regs. § 2.02 defines “[r]egular [h]ourly [w]age rate” as “the amount that the employee is regularly paid for each hour of work. When an employee is paid on a piece work basis, salary, or any basis other than an hourly rate, the regular hourly rate shall be determined by dividing the total hours worked during the week into the employee’s total earnings.” This regulation recognizes that a salaried employee’s regular hourly rate may fluctuate on a weekly basis depending on the number of hours worked, and is inversely proportional to the number of hours worked. The nonexempt salaried employee is still entitled under 455 Code Mass. Regs. § 2.03(1) (1993) to receive one and one-half times that rate for overtime hours worked, but that requirement is satisfied by paying the employee an additional fifty percent of the regular hourly rate for the overtime hours worked. This is so because the employee’s salary is considered to include “straight time” for all hours worked, including the overtime hours. Had this not been the case the regulation would have provided that the regular hourly rate be determined by dividing weekly salary by forty hours. The check on this method of payment is found in the same regulation, which provides that “[r]egardless of the basis used, whether time rate, commission basis or piece rate, the employee shall be paid not less than the applicable minimum wage e
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REO v LANE BRYANT, INC Docket No. 166515. Submitted February 7, 1995, at Grand Rapids. Decided June 6, 1995, at 9:00 a.m. Kelley A. Reo petitioned the Kalamazoo Circuit Court for judicial review of the Department of Labor’s dismissal of her claim that Lane Bryant, Inc., her employer, violated the wages and fringe benefits act, MCL 408.471 et seq.; MSA 17.277(1) et seq., by discharging her for disclosing her wages. The department had determined that the claim was not timely under MCL 408.483(2); MSA 17.277(13X2) because it had not been filed within thirty days of the discharge. The court, William G. Schma, J., agreeing with the department, granted Lane Bryant’s motion to dismiss the petition for review. The petitioner appealed. The Court of Appeals held: The petitioner’s claim is not subject to MCL 408.483(2); MSA 17.277(13X2) because the claim is not for discharge in retaliation for asserting, on behalf of another, a right afforded under the wages and fringe benefits act. The claim is for a violation of MCL 408.483a(c); MSA 27.277(13a)(c), which prohibits an employer from discharging, formally disciplining, or otherwise discriminating against an employee who discloses the amount of the employee’s own wages. A violation of § 13a, as well as any other section of the wages and fringe benefits act, except for § 13, is subject to the one-year filing requirement of MCL 408.481; MSA 17.277(11). Reversed and remanded for further proceedings. Master and Servant — Wages and Fringe Benefits Act — Discharge for Disclosure of Wages. The wages and fringe benefits act prohibits an employer from discharging, formally disciplining, or otherwise discriminating against an employee who discloses the amount of the employee’s own wages; a complaint alleging a violation of the prohibition may be filed with the Department of Labor within twelve months after the alleged violation (MCL 408.481, 408.483a(c); MSA 17.277[11], 17.277[13a][c]). References Am Jur 2d, Labor and Labor Relations § 656. See ALR Index under Labor and Employment. John T. Burhans, for Kelley A. Reno. Gemrich, Moser, Bowser, Fette & Lohrman (by Mary E. Delahanty) (Vorys, Sater, Seymour & Pease by Douglas L. Williams and Susan A. Cohen, of Counsel), for Lane Bryant, Inc. Before: Murphy, P.J., and Mackenzie and Hoekstra, JJ. Per Curiam. Petitioner Kelly A. Reo appeals from a circuit court order that granted a motion by respondent Lane Bryant, Inc., for dismissal of petitioner’s petition for judicial review. We reverse. Petitioner had filed a claim with the Michigan Department of Labor alleging that she had been fired in violation of MCL 408.483a; MSA 17.277(13a) more than three months earlier for disclosing her wages. The Department of Labor eventually issued a determination order dismissing petitioner’s claim because of her failure to file the claim within thirty days of the violation, as required by MCL 408.483(2); MSA 17.277(13X2). Petitioner’s petition for review in the circuit court was dismissed after the circuit court agreed that petitioner’s delay in filing her claim precluded her from seeking relief.___ We believe the circuit court and the Department of Labor incorrectly interpreted the statutes at issue. While this Court is generally required to give great weight to any reasonable construction of a statute adopted by the agency charged with its enforcement, In re Quality of Service Standards for Regulated Telecommunication Services, 204 Mich App 607, 612; 516 NW2d 142 (1994), the agency’s interpretation cannot be used to overcome a statute’s plain meaning. Ludington Service Corp v Acting Comm’r of Ins, 444 Mich 481, 505; 511 NW2d 661 (1994). Additionally, statutes granting power to administrative agencies. must be strictly construed. In re Public Service Commission’s Determination Regarding Coin-Operated Telephones, Direct-Inward Dialing, and Touchtone Service, No 2, 204 Mich App 350, 353; 514 NW2d 775 (1994). Because the thirty-day filing requirement contained in § 13(2) applies only to violations of § 13, the circuit court and the Department of Labor erred in applying that requirement to petitioner’s claim under § 13a, an entirely different section of the wages and fringe benefits act, MCL 408.471 et seq.; MSA 17.277(1) et seq. The circuit court further erred in concluding that petitioner was exercising a right afforded by the act and in analyzing petitioner’s claim under § 13(1). Section 13(1) is inapplicable to petitioner’s claim because petitioner was not fired for filing a complaint, instituting a proceeding under the act, testifying in a proceeding, or exercising a right on behalf of another, the only situations to which § 13 is applicable. MCL 408.483(1); MSA 17.277(13X1)-provides, in pertinent part: An employer shall not discharge an employee or discriminate against an employee because the employee filed a complaint, instituted or caused to be instituted, a proceeding under or regulated by this act, testified or is about to testify in a proceeding, or because of the exercise by the employee on behalf of an employee or others of a right afforded by this act. [Emphasis added.] We believe that in order to fall within the plain meaning of the above provision an employee must be exercising a right afforded by the act on behalf of another employee or other person. Simply exercising a right on one’s own behalf would not bring an employee within the purview of § 13. Here, petitioner’s claim is clearly addressed by § 13a(c), which prohibits an employer from "discharging], formally disciplining], or otherwise discriminating] against for job advancement an employee who discloses his or her wages.” Accordingly, we conclude that petitioner was entitled to file her claim with the Department of Labor within one year of the alleged violation, as permitted by MCL 408.481; MSA 17.277(11), which provides a twelve-month filing period for violations of all sections of the act with the exception of § 13(2). Reversed and remanded for further proceedings consistent with this opinion. We do not retain jurisdiction. _ Petitioner also argues on appeal that the circuit court had jurisdiction to hear the case despite her failure to exhaust administrative remedies. Although not explicitly decided by the circuit court, because the circuit court impliedly decided this issue in petitioner’s favor, she is not the proper party to raise this issue on appeal, and respondent has not filed a cross appeal. See Burke v Gaukler Storage Co, 13 Mich App 536; 164 NW2d 691 (1968). In any event, exhaustion of administrative remedies is not an inflexible condition precedent to judicial consideration. Int’l Business Machines Corp v Dep’t of Treasury, 75 Mich App 604, 608-610; 255 NW2d 702 (1977). Because it appears that the trial court could have granted petitioner leave for judicial review, any error in failing tó explicitly do so is harmless. Id. We note that § 13a was added to the wages and fringe benefits act in 1982 and became effective in 1983, while all other sections of the act took effect in 1978. We recognize that an earlier panel of this Court has interpreted § 13 differently. In Cockels v Int’l Business Expositions, Inc, 159 Mich App 30; 406 NW2d 465 (1987), a panel of this Court interpreted § 13 to apply to a situation in which an employee was exercising a right afforded by the act on her own behalf. We believe that interpretation to be incorrect. We recognize that our construction of the act may result in a civil fine being the only remedy available under the act if petitioner’s claim is proved on remand, because the remedies provided in MCL 408.488(1), (2), and (3); MSA 17.277(18X1), (2), and (3) apply only to violations of §§ 2 through 8. While we are cognizant of this result, we are without authority to change it, given our interpretation of the statutes and the Legislature’s failure to provide explicit remedies for violations of § 13a. Furthermore, because the Department of Labor has never even ruled on the merits of petitioner’s claim, a discussion of available remedies at this point would be premature.
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