An Act to Increase Enforcement and Accountability for Wage and Hour Violations
Maine Legislature, Session 131, LD 0372
Committee Amendment CA_A_S688 (Senate)
Amends: 26 MRSA §53

COMMITTEE AMENDMENT " A" to S.P. 179, L.D. 372, "An Act to Increase 
Enforcement and Accountability for Wage and Hour Violations" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Increase Enforcement and Accountability for Wage Violations' 
Amend the bill by striking out everything after the enacting clause and inse1iing the 
following: 
'Sec. 1. 26 MRSA §53, as enacted by PL 1999, c. 181, §1, is amended to read: 
§53. Additional penalties 
In addition to any penalties provided in chapter 7, sub chapters I l to I¥ 1, the director 
may assess a forfeiture fine against aey an employer, officer, agent or other person whe 
that violates any provision of chapter 7, subchapters I l to I¥ 1 for each violation of those 
subchapters. The forfeiture fine may not exceed $1,000 or the amount provided in law or 
rule as a penalty for the specific violation, whichever is less. In addition, the director may 
order any employer, officer, agent or other person that the director finds is in violation 
under chapter 7, subchapters 1 to 4 or section 1312 to pay unpaid wages determined to be 
due, as well as an additional amount equal to twice the amount of unpaid wages as 
liquidated damages and a reasonable rate of interest. The Attorney General, upon complaint 
of the director, shall institute a civil action to recover the forfeiture fine and any unpaid 
wages, liquidated damages and interest. Whether through private right of action, through 
order of the director or through civil action of the Attorney General, an employee may not 
receive payment more than once for the same unpaid wages and liquidated damages owed. 
Any amount civil fine or penalty recovered must be deposited with the Treasurer of State. 
The Depa1iment of Labor is authorized to receive the payment of unpaid wages, liquidated 
damages and interest on behalf of an employee. The director must pay these sums to the 
employee in their entirety. The director shall adopt rules to govern the administration of 
the civil money forfeiture fine or penalty provisions. The rules must include a right of 
appeal by the employer and a range of monetary assessments with consideration given to 
the size of the employer's business, the good faith of the employer, the gravity of the 
COMMITTEE AMENDMENT 
(f)' 
0:: 
COMMITTEE AMENDMENT" A "to S.P. 179, L:D. 372 (5,. f.Jtf) 
violation and the histo1y of previous violations. The rules adopted pursuant to this section 
are major substantive rules pursuant to Title 5, chapter 375, subchapter H-A 2-A.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority repo1i of the committee, replaces the bill, which 
is a concept draft, and changes the title. The amendment allows the Director of the Bureau 
of Labor Standards within the Department of Labor to order an employer, officer, agent or 
other person to pay unpaid wages determined to be due as well as an additional amount 
equal to twice the amount of unpaid wages as liquidated damages and a reasonable rate of 
interest. It requires the Attorney General to institute a civil action to recover any unpaid 
wages, liquidated damages and interest, along with the fine as in current law. It clarifies 
that an employee may not receive payment more than once for the same unpaid wages and 
liquidated damages owed to the employee. It also provides that the Depaiiment of Labor is 
authorized to receive the unpaid wages, liquidated damages and interest on behalf of an 
employee, which the director must pay to the employee. 
COMMITTEE AMENDMENT