[§398-25]  Civil action.  (a)  If anemployer fails or neglects to comply with the:

(1)  Final order of the department from which noappeal has been taken as provided by this chapter; or

(2)  Final decision of the hearings officer,

the department or the affected employee may apply toany court of competent jurisdiction to enforce the provisions of the finalorder or decision and for any other appropriate relief.  In any proceeding toenforce the provisions of the final order or decision, the department or theaffected employee need only file with the court proof that a certified copy ofthe final order or decision was served.  In the case of the final decision,proof that the notice of hearing was given also must be filed with the court.

(b)  Any action to enforce this chapter, or torecover damages or equitable relief prescribed by this chapter, may bemaintained in any court of competent jurisdiction by any one or more employeesfor and on behalf of the employee or employees, or the employee or employees maydesignate an agent or representative to maintain the action.

(c)  In any action brought under this chapter,the court shall allow, in addition to any judgment awarded to the plaintiff,costs of action, including fees of any nature, and reasonable attorney's feesto be paid by the defendant. [L 1995, c 154, pt of §3]