Section 358-A. Action and injunction  


Latest version.
  • 1. The industrial commissioner may
      maintain an action upon his own information or upon the complaint  of  a
      private   person   against   any  person,  partnership,  corporation  or
      association, and any employee, agent, director or  officer  thereof  who
      commits any act or engages in any conduct prohibited by this article. In
      any  such  action,  the  final  judgment in favor of the plaintiff shall
      perpetually restrain the defendant from the commission or continuance of
      the act complained of. A temporary restraining  order  to  restrain  the
      commission  or  continuance  thereof  may  be  granted  upon  proof,  by
      affidavit, that the defendant has violated any of the provisions of this
      article. The  provisions  of  statute  or  rule  relating  generally  to
      injunctions as provisional remedies in actions apply to such a temporary
      restraining order and the proceedings thereupon.
        2. If the industrial commissioner fails to maintain an action pursuant
      to  subdivision  one  hereof  within  fifteen  days of being notified by
      certified mail of such an alleged violation, any  industrial  homeworker
      or any other person, partnership, corporation or association making such
      mailing  who is aggrieved by such alleged violation may commence such an
      action and seek an injunction pursuant to the provisions of  statute  or
      rule relating generally to injunctions as provisional remedies.