An Act To Increase Accountability for Wage Violations

Sec. 1. 26 MRSA §626-A, first ¶,  as amended by PL 1999, c. 465, §5, is further amended to read:

Whoever violates any of the provisions of sections 621-A to 623 or section 626, 628, 629 or 629-B is subject to a forfeiture fine of not less than $100 nor more than $500 for each the first violation and $2,500 for each subsequent violation. A civil action may be brought against an employer under this chapter by a person aggrieved by a violation of sections 621-A to 623 or section 626, 628, 629 or 629-B. If the court finds that the employer violated sections 621-A to 623 or section 626, 628, 629 or 629-B, the court may award damages, including attorney's fees.

Sec. 2. 26 MRSA §670,  as amended by PL 1965, c. 410, §8, is further amended to read:

§ 670. Employees' remedies

Any An employer shall be is liable to the employee or employees for the amount of unpaid minimum wages. Upon a judgment being rendered in favor of any employee or employees, in any action brought to recover unpaid wages under this subchapter, such judgment shall must include, in addition to the unpaid wages adjudged to be due, an additional amount equal to 3 times such wages as liquidated damages, and costs of suit including a reasonable attorney's fee.

Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.

LABOR, DEPARTMENT OF

Regulation and Enforcement 0159

Initiative: Provides ongoing funds for 10 Labor and Safety Inspector positions within the wage and hour division of the Bureau of Labor Standards beginning October 1, 2019.

GENERAL FUND	2019-20	2020-21
POSITIONS - LEGISLATIVE COUNT	10.000	10.000
Personal Services	$594,682	$761,171
All Other	$65,000	$65,000
GENERAL FUND TOTAL	$659,682	$826,171

SUMMARY

This bill amends the law regarding employment practices by increasing the fine for a violation of certain state wage and benefits laws to $500 for the first violation and $2,500 for each subsequent violation and by providing a private right of action for a person aggrieved of such a violation. It amends the law regarding employees' remedies to provide that in a judgment for an employee an additional amount of 3 times the unpaid wages must be awarded the employee. It also provides ongoing funds for 10 labor and safety inspector positions within the Department of Labor, Bureau of Labor Standards, wage and hour division beginning October 1, 2019.