An Act to Increase Enforcement and Accountability for Wage and Hour Violations
Maine Legislature, Session 131, LD 0372
Committee Amendment CA_B_S689 (Senate)
Amends: 26 MRSA §53

MAINE STATE LEGISLATURE 
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MINORITY 
LABOR AND HOUSING 
L.D. 372 
(Filing No. S-<ttlj ) 
Reproduced and distributed under the direction of the Secretary of the Senate. 
SENATE 
131STLEGISLATURE 
COMMITTEE AMENDMENT '13 " 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, subchapters l 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 l 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, if the director 
finds that the violation was willful, the director may order any employer, officer, agent or 
other person that the director finds is in violation under sections 626-A, 670 or 1312 to pay 
unpaid wages determined to be due, as well as an additional amount equal to 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. Any amount civil fine or 
penalty recovered must be deposited with the Treasurer of State. The Department 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 violation and the history of previous 
5 
violations. The rules adopted pursuant to this section are major substantive rules pursuant 
to Title 5, chapter 375, subchapter II-A 2-A.' 
Page I - 131LR2035(03) 
COMMITTEE AMENDMENT 
COMMITIBE AMENDMENT"~ "to S.P. 179, L.D. 372 { S· C!!fi) 
Amend the bill by relettering or renumbering any nonconsecutive Patt letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the minority rep01t 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 Depaitment of Labor, if the director finds that a violation 
was willful, 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 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 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