[¶ 1] Maine Medical Center (MMC) appeals from a judgment entered after a jury trial in Superior Court (Cumberland County, Crowley, J.) awarding Spence Bisbing treble damages and attorney fees pursuant to 26 M.R.S.A. § 626 (Supp.2002) for unpaid vacation pay. MMC argues that section 626 contains an implied bad faith element. Bisbing cross-appeals, contesting the amount of attorney fees. We dismiss the cross-appeal as untimely and affirm the judgment.
I.
[¶ 2] Bisbing worked for MMC as an emergency room attending physician from 1996 to 2000. When he resigned, he requested that MMC pay him for accrued vacation pay. MMC refused, contending that Bisbing had used all his vacation time. Bisbing then brought this action, raising, inter aha, a claim for unpaid wages under section 626. The case was tried to a jury, which found that MMC owed Bisbing $27,500 in vacation pay. The jury was not asked whether MMC had acted in bad faith. The court trebled the damages pur
[¶ 3] The court entered an appealable final judgment on August 15, 2002, when it denied MMC’s motion to alter or amend the judgment and awarded Bisbing $37,104.40 in attorney fees. On August 29, Bisbing filed a “motion for clarification” seeking an explanation of the amount of the fees the court had awarded. On August 30, the court denied the motion for clarification without explanation. MMC filed its timely notice of appeal the same day. Bisbing filed his notice of appeal on October 7.
II.
[¶ 4] On appeal, MMC does not contest the jury’s finding that it owed Bisbing $27,500 in vacation pay, but it contends that the trial court erred in awarding Bisbing treble damages and attorney fees pursuant to 26 M.R.S.A. § 626 without a finding that MMC acted in bad faith or was otherwise culpable. Section 626 provides in relevant part:
An employee leaving employment must be paid in full within a reasonable time after demand at the office of the employer where payrolls are kept and wages are paid .... Whenever the terms of employment include provisions for paid vacations, vacation pay on cessation of employment has the same status as wages earned.
An employer found in violation of this section is liable for the amount of unpaid wages and, in addition, the judgment rendered in favor of the employee or employees must include a reasonable rate of interest, an additional amount equal to twice the amount of those wages as liquidated damages and costs of suit, including a reasonable attorney’s fee.
[¶ 5] The construction of section 626 is governed by the plain language of the statute.
Gallant v. Bartash, Inc.,
[¶ 6] Contrary to MMC’s argument, this result is entirely consistent with our case-law. In
Purdy v. Community Telecommunications Corp.,
[¶ 7] In addition to its statutory interpretation arguments, MMC contends that as written, section 626 denies it due process. MMC does not cite, and we have not found, any case holding that a statute providing a private remedy of liquidated or multiple damages violates due process unless it includes a culpability element. The United States Supreme Court has said exactly the contrary, holding in
Overnight Motor Transportation Co. v. Missel,
III.
[¶ 8] Bisbing’s cross-appeal complains only about the court’s initial award of approximately $10,000 less than he requested in attorney fees and its subsequent refusal to explain that award. His notice of appeal was filed fifty-three days after the court awarded the attorney fees and thirty-eight days after the court denied his motion for clarification and MMC filed its notice of appeal. A cross-appeal must be filed within fourteen days of the first notice of appeal or twenty-one days of the judgment, whichever period expires later. M.R.App. P. 2(b)(3). Bisbing’s cross-appeal was filed twenty-four days too late and must be dismissed.
See Bourke v. City of S. Portland,
[¶ 9] In addition to appealing the trial court’s attorney fee award, Bisbing requests attorney fees on appeal. Although we have not specifically held that section 626 authorizes attorney fees on appeal, we have held that such an award was appropriate under other remedial statutes.
Beaulieu v. Dorsey,
The entry is:
Judgment affirmed. Cross-appeal dismissed. Remanded for determination of attorney fees on appeal.
