LD 1619
pg. 2
Page 1 of 2 An Act To Provide Equitable Treatment to State Employees LD 1619 Title Page
Download Bill Text
LR 2151
Item 1

 
SUMMARY

 
This bill amends certain state labor laws to equalize the
treatment of state employees to the treatment of private sector
employees. Recent United States Supreme Court cases have ruled
that the State, as an employer, can not be sued under certain
federal employment laws unless the State consents to be sued.
Instead of waiving immunity to allow the State to be sued under
federal labor law, this bill amends state labor laws to provide
remedies to state employees under state law.

 
The bill includes state employees in the law requiring
employers to pay time-and-a-half for overtime hours worked.
Currently all public employees are exempt from that requirement.
As amended by this bill, the law would continue to exempt local
government employees from the law. The bill also amends the
remedy provision so that state employees who are not paid the
appropriate overtime wage recover only the amount of unpaid
wages, not liquidated damages or attorney's fees as provided for
private sector employees. It also provides for a 3-year statute
of limitations for violations of the minimum wage law for state
employees if the violation of the law is willful. The bill
applies only to overtime hours worked on or after the effective
date of the Act.

 
The bill amends the workers' compensation law to provide that
state employees who are barred from suing the State under
admiralty law or certain federal laws because of sovereign
immunity are not excluded from coverage under the state workers'
compensation law.


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