1.  Fund established.  The Wage Recovery Fund is established as a nonlapsing fund within the bureau. The purpose of the fund is to facilitate payments related to unpaid wages, unpaid health benefits, liquidated damages or interest owed to employees or former employees of an employer when the Department of Labor receives payments from an employer in accordance with a settlement agreement or a judgment on behalf of affected employees or former employees.  

2.  Administration.  The fund is administered by the director. Payment of unpaid wages, unpaid health benefits, liquidated damages or interest to affected individuals may be made only to the extent that the Department of Labor receives payment from the employer in accordance with a settlement agreement or a judgment. The department is not liable for payments to affected individuals if the department does not receive the funds from the employer.  

3.  Education.  As part of its settlement agreements, the Department of Labor may include a provision for payment of funds toward education and public messaging regarding the State's labor laws. Funds deposited in the Wage Recovery Fund that are not required for the payment of unpaid wages, unpaid health benefits, liquidated damages or interest may also be used for such education and public messaging.  

4.  Fund balances.  Amounts in the Wage Recovery Fund do not lapse and must be carried forward to be used for the same purposes. Interest earned on the balance in the fund must be credited to the Wage Recovery Fund.