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This entry was published on 2014-09-22
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Action and injunction
§ 358-a. Action and injunction. 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.