Amend the bill in section 1 by striking out all of the first paragraph (page 1, lines 4 to 10 in L.D.) and inserting the following:
‘
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 a fine of not less than $500 and not more than $2,500 for each subsequent violation.’
Amend the bill in section 2 in §670 in the 2nd to the last line (page 1, line 18 in L.D.) by striking out the following: " 3 times" and inserting the following: ' twice'
Amend the bill by striking out all of section 3 and inserting the following:
‘Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.
LABOR, DEPARTMENT OF
Regulation and Enforcement 0159
Initiative: Provides ongoing funds for 4 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
|
4.000 |
4.000 |
Personal Services
|
$238,107 |
$332,471 |
All Other
|
$26,000 |
$26,000 |
|
|
|
GENERAL FUND TOTAL |
$264,107 |
$358,471 |
’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment changes the fine structure proposed in the bill from a $2,500 fine for each subsequent violation of the various wage and hour laws to a fine of at least $500 but not more than $2,500 for each subsequent violation. It also strikes new language added by the bill regarding a civil action remedy for violations of various wage and hour laws. It reduces the liquidated damages available in a civil action to collect unpaid minimum wages from 3 times the amount of unpaid wages, as proposed by the bill, to twice the amount of unpaid wages, and it reduces the Labor and Safety Inspector positions added to the bill from 10 to 4.
FISCAL NOTE REQUIRED
(See attached)