12. Treble damages on lost wages?

There is debate about whether courts will treble damages on lost wages in PFML cases. So far, no meritorious cases have reached a judgment. Some advocates say PFML treble damages are optional because the law says “the court may.” This contrasts to FMLA, where the law says “Any employer who violates section 2615 of this title shall be liable” for lost wages and liquidated damages equal to lost wages (double damages). 29 U.S. Code § 2617(a)(1). 

However, other advocates point out that PFML says:
"The court may: (i) issue temporary restraining orders or preliminary or permanent injunctions to restrain continued violations of this section; (ii) reinstate the employee to the same position held before the violation or to an equivalent position; (iii) reinstate full fringe benefits and seniority rights to the employee; (iv) compensate the employee for 3 times the lost wages, benefits and other remuneration and the interest thereon; and (v) order payment by the employer of reasonable costs and attorneys' fees.” G.L. c. 175M, § 9(d).

A better way to read this is: once a court decides to issue back pay, it issues "3 times" the lost wages. The statute doesn't say "up to 3 times." It says you "may" issue relief in several different forms — here's the menu: TROs, reinstatement, 3x lost wages, and attorneys' fees. This makes sense because there is no guidance on when to treble or if the court can double: if lost wages are due, they are trebled. (Credit to Emma Quinn-Judge for this argument).