An Act To Prevent Wage Theft and Promote Employer Accountability
Maine Legislature, Session 129, LD 1524
Committee Amendment CA_A_S203 (Senate)
Amends: 26 MRSA §637

FffiST REGULAR SESSION 
COMMITTEE AMENDMENT "4-" to S.P. 473, L.D. 1524, Bill, "An Act To 
Prevent Wage Theft and Promote Employer Accountability" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 26 MRSA §637 is enacted to read: 
§637. Wage theft remedies 
1. Wage theft; defined. For the purposes of this section, "wage theft" means a 
violation of section 621-A, 622, 623, 626, 629, 629-A or 664. 
2. Injunction. In addition to other remedies allowed by this chapter, the Department 
of Labor or any person or persons injured by an unlawful wage payment practice or 
policy that causes direct harm to workers may bring an action for injunctive relief to 
enjoin further wage theft. If a party seeking an injunction prevails, the employer is liable 
to pay the cost of suit, including a reasonable attorney's fee. 
3. Issuance of a cease operations order. The Commissioner of Labor or the 
commissioner's designee may order an employer to cease its business operations if the 
commissioner or the commissioner's designee determines that the employer has 
committed wage theft, the commissioner or the commissioner's designee has previously 
determined the employer's practice or policy resulted in wage theft on more than one 
occasion or within the last 12 months and: 
A. The practice or policy resulting in the wage theft affects 10 or more employees; or 
B. The wage theft is equal to or greater than twice an employee's average weekly 
wage. 
The commissioner or the commissioner's designee shall provide the employer with notice 
and an opportunity to be heard 3 business days before the effective date of an order issued 
pursuant to this subsection. The issuance of a cease operations order constitutes final 
agency action. The commissioner or the commissioner's designee shall issue the cease 
operations order as narrowly as is determined necessary. Any person who is aggrieved by 
COMMITTEE AMENDMENT 
\ 
COMMITTEE AMENDMENT'';:\ "to S.P. 473,L.D. 1524 l. 
., ·, 
. 1\ 
the imposition of a cease operations order has 10 days from the date of its service to make 
a request to the commissioner or the commissioner's designee for a hearing. The hearing 
must be held within 7 business days of the request. The hearing officer shall issue a 
decision within 5 business days of the hearing. 
If an employer refuses to obey an order to cease operations, that order may be enforced in 
Superior Court. 
4. 
Stay of cease operations order. 
The Commissioner of Labor or the 
commissioner's designee shall stay the issuance of a cease operations order under 
subsection 3 if the employer provides evidence acceptable to the commissioner or the 
commissioner's designee that the employer has paid the employee or employees for the 
amount of unpaid wages and benefits owed and has implemented wage payment practices 
and policies that comply with this chapter. 
5. Rules. The Commissioner of Labor shall adopt rules to implement this section. 
Rules adopted pursuant to this subsection are routine technical rules as defmed in Title 5, 
chapter 375. subchapter 2-A.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment replaces the bill. Like the bill, it creates additional remedies for 
wage theft, including injunctive relief and cease operations orders. These remedies are in 
addition to any existing penalties. Like the bill, it defmes wage theft as a violation of 
specific statutes that include the requirements of timely and full payment of wages, 
payment of wages upon cessation of employment, payments defmed as "unfair 
agreements" and fringe benefits, but adds violation of statutes related to minimum wage 
requirements to the definition. 
It changes the terminology in the bill from "stop-work order" to "cease operations 
order" and provides more details on the process and requirements related to cease 
operations orders including thresholds for the issuance of a cease operations order, timing 
to be afforded to an employer being issued a cease operations order and requirements for 
the Commissioner of Labor or the commissioner's designee to stay a cease operations 
order. It also requires the commissioner to adopt routine technical rules. 
FISCAL NOTE REQUIRED 
(See attaebed) 
COMMITTEE AMENDMENT 
Approved: 05/30/19 feac 
LD 1524 
LR 1167(02) 
An Act To Prevent Wage Theft and Promote Employer Accountability 
Fiscal Note for Bill as Amended by Committee Amendment "Pi' ( '.:> · ;)b~) 
Committee: Labor and Housing 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the comi system. 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional filing fees may increase General Fund and other dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Labor to implement the requirements of this bill can be absorbed within 
existing budgeted resources. 
LRl 167(02) - Fiscal Note - Page 1 of 1