1. (1) As used in this section, "actual damages" means damages for injury or loss caused by a violation of Section 61-1-104.

2. (2)

   1. (a) An employee who alleges a violation of Section 61-1-104 may bring an action for injunctive relief, actual damages, or both, in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.

   2. (b) An employee may not bring an action under this section more than:

      1. (i) four years after the day on which the violation of Section 61-1-104 occurs; or
      2. (ii) two years after the date when facts material to the right of action are known or reasonably should be known by the employee alleging a violation of Section 61-1-104.
3. (3) To prevail in an action brought under this section, an employee shall establish, by a preponderance of the evidence, that the employee has suffered an adverse action because the employee, or a person acting on the employee's behalf, engaged or intended to engage in an activity protected under Section 61-1-104.

4. (4) A court may award as relief for an employee prevailing in an action brought under this section:

   1. (a) reinstatement with the same fringe benefits and seniority status that the individual would have had, but for the adverse action;
   2. (b) two times the amount of back pay otherwise owed to the individual, with interest;
   3. (c) compensation for litigation costs, expert witness fees, and reasonable attorney fees;
   4. (d) actual damages; or
   5. (e) any combination of the remedies listed in this Subsection (4).

5. (5)

   1. (a) An employer may file a counter claim against an employee who files a civil action under this section seeking attorney fees and costs incurred by the employer related to the action filed by the employee and the counter claim.

   2. (b) The court may award an employer who files a counter claim under this Subsection (5) attorney fees and costs if the court finds that:

      1. (i) there is no reasonable basis for the civil action filed by the employee; or

      2. (ii) the employee is not protected under Section 61-1-104 because:

         1. (A) the employee engaged in an act described in Subsections 61-1-104(2)(a) through (c); or
         2. (B) Subsection 61-1-104(2)(d) applies.

Amended by Chapter 401, 2023 General Session