481B-4 Remedies. Any person who violates this chapter shall be deemed to have engaged in an unfair method of competition and unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2. [L 1969, c 213, 4; am L 1974, c 255, 2; am L 1996, c 59, 4; am L 2008, c 19, 13]

 

Case Notes

 

Plaintiff hotel employees' claim, brought pursuant to 480-2 and 481B-14 and this section, was not preempted by 301 of the Labor Management Relations Act, 29 U.S.C. 185(a), because plaintiffs were not enforcing a right conferred only by the collective bargaining agreement (agreement) but rather an independent right conferred by state law; resolution of plaintiffs' state law claim was not dependent on any provision contained in the agreement and did not require interpretation of the agreement. 835 F. Supp. 2d 914 (2011).

Plaintiffs' claim pursuant to 481B-14 and 480-2 and this section dismissed because (1) they had not alleged harm to competition; (2) merely alleging competition between hotels that result in lower prices did not give rise to antitrust injury; (3) no authority to support plaintiffs "competing" with defendant for tips, that there was a competitive market that defendant was a part of for tips, or that defendant's actions regarding service charges had a negative effect on that market; and (4) statements that their injuries were "inextricably intertwined" with defendant's acts did not establish that defendant caused any negative effect on competition. 835 F. Supp. 2d 914 (2011).

Where employees asserted an unfair method of competition claim based on a violation of 481B-14, circuit court erred in granting employers' motion for summary judgment because employees sufficiently proved that: (1) employers' conduct negatively affected competition; and (2) the unlawful conduct injured employees in their business or property by depriving employees of tip income to which they were entitled. 133 H. 1, 323 P.3d 792 (2014).

 

 

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