APPROVED CHAPTER
APRIL 22, 2024 651
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
S.P. 179 - L.D. 372
An Act to Increase Enforcement and Accountability for Wage Violations
Be it enacted by the People of the State of Maine as follows:
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 I 1 to IV 4, the director
may assess a forfeiture fine against any an employer, officer, agent or other person who
that violates any provision of chapter 7, subchapters I 1 to IV 4 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 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 violations. The rules adopted pursuant to this section
are major substantive rules pursuant to Title 5, chapter 375, subchapter II‑A 2-A.
Page 1 - 131LR2035(04)


Statutes affected:
Bill Text ACTPUB , Chapter 651: 26.53