Sec. 1. 26 MRSA §4 is repealed and the following enacted in its place:

§4.__Investigation, enforcement and jurisdiction

1.__Investigation and enforcement.__Notwithstanding any law to the contrary, investigation of a possible violation of this Title by an employer is the responsibility of the Attorney General.__If the Attorney General, in conducting an investigation pursuant to this subsection, determines that a violation occurred, the investigation of the employer must be extended to include all employees, independent contractors and subcontractors of the employer.__Prosecution of a violation of this Title is the exclusive jurisdiction of the Attorney General.

2.__Jurisdiction.__The District Court and the Superior Court have original jurisdiction of actions brought for the recovery of fines and penalties imposed by this Title and of prosecutions for violations of this Title.

SUMMARY

Current law is unclear as to who has jurisdiction of enforcement of violations of the Maine Revised Statutes, Title 26 by employers, such as wage and hour violations, unemployment fraud by failing to make required payments and the misclassification of employees as independent contractors or subcontractors to avoid paying taxes or required benefits, such as overtime.

This bill requires the Attorney General to investigate violations of the labor laws and prosecute violators. If the Attorney General determines that an employer has violated a labor law, the Attorney General must investigate all the employees and subcontractors of that employer.