An Act To Prohibit the Use of Foreign Labor Unless a Federal Prevailing Wage is Set
Maine Legislature, Session 122, LD 1276
Committee Amendment CA_B_H445 (House)
Amends: 26 MRSA §872-A

COMMITTEE AMENDMENT .. [3 .. to H.P. 873, L.D. 1276, 
To 
Prohibit the Use 
of Foreign Labor Unless 
Bill, "An 
a 
Federal 
Prevailing Wage Is Set" 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 26 MRSA §872-A is enacted to read: 
§872-A. 
False representation for pu~se of hiring foreign 
workers 
1. 
False representation prohibited. 
An employer may not 
make a statement or representation the employer knows is false to 
the 
United 
States 
Department 
of 
Labor: 
the 
United 
States 
Department of Homeland Security. United States Citizenship and 
Immigration Services: 
the Department of Labor: 
or 
any other 
governmental entity in an application for permission to hire a 
worker 
who 
has 
been classified under 
United States 
Code, 
Section UOl( a)( 15 )(H)( ii )(b) and has been granted permission to 
work temporarily in the United States. or in any documentation or 
statement in support of or in conjunction with that application. 
2. 
Fines. 
An employer who violates subsection 1 is subject 
to a fine as follows: 
A. For a first violation. a fine of not less than $1.000 nor 
more than $5.000; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·13· to H.P. 873, L.D. 1276 
B. For a 2nd violation occurring within 3 years of a prior 
violation, 
a 
fine of not less than $5,000 nor more than 
$20,000; and 
C. 
For a 3rd and subsequent violation occurring within 3 
years of 2 or more prior violations, a fine of not less than 
$10,000 nor more than $50,000. 
3. 
Enforcement. 
This section is enforceable by the Bureau 
of 
Labor 
Standards. 
The 
director may 
adopt rules that are 
consistent 
with 
this 
section 
and 
considered 
appropriate 
or 
necessary for the proper administration and enforcement of this 
section. 
Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A. ' 
SUMMARY 
This amendment adds a provision that prohibits an employer 
from making a false representation to a government entity in an 
application to hire a foreign worker through a procedure commonly 
known as an "H-2B visa," or in any supporting documentation or 
statements. 
The amendment sets fines for violations as follows: 
$1,000 but not more than $5,000 for a first violation; $5,000 but 
not more than $20,000 for a 
2nd offense within 3 years; 
and 
$10,000 
but not 
more 
than 
$50,000 
for 
a 
3rd or 
subsequent 
violation wi thin 3 years of 2 or more prior violations. 
The 
amendment also grants enforcement authority to the Department of 
Labor, Bureau of Labor Standards and authority to adopt routine 
technical rules to carry out its purposes. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/18/05 ~ae 
LD 1276 
LR0206(04) 
An Act To Prohibit the Use of Foreign Labor Unless a Federal Prevailing Wage is Set 
Fiscal Note for Bill as Amended by Committee Amendment :8' 
Committee: Labor 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Additional costs to the Bureau of Labor Standards within the Department of Labor associated with rulemaking and 
conducting investigations upon complaint can be absorbed within existing budgeted resources. Additional revenue to 
the General Fund associated with fines assessed for violations can not be determined at this time but is not expected to 
be significant. 
LR0206(4) - Fiscal Note - Page 1 of 1