CHAPTER 443
H.P. 1122 - L.D. 1578
An Act to Protect Workers and Establish Labor Standards for "Workfare" Participants
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §1403 is enacted to read:
§1403. Labor standards for persons required to work as condition of receiving public assistance and affected employees
1. Nondisplacement of existing employees; nonavailability for layoff replacement; noninfringement on promotional opportunities or collective bargaining agreements; labor disputes. A participant who is required to work as a condition of receiving public assistance, as defined in Title 22, section 9-A, subsection 1, paragraph A, may not be employed in or assigned to:
A. A position that was previously filled by a regular employee when that employee is on layoff from the same or an equivalent position or when the vacancy was created by terminating an employee or otherwise reducing the workforce;
B. An established position that is vacant;
C. A worksite where there is a labor dispute, including a strike or lockout; or
D. A worksite in a manner that violates an existing contract or collective bargaining agreement or infringes on the promotional opportunities for any employees.
2. Grievance procedures. The commissioner, with assistance from the department, shall adopt rules to ensure that:
A. Persons required to work as a condition of receiving public assistance have access to a grievance procedure for the purpose of resolving complaints of alleged violations of subsection 1; and
B. Regular employees at a worksite where a person required to work as a condition of receiving public assistance works have access to a grievance procedure for the purpose of resolving complaints of alleged violations of subsection 1.
Rules adopted pursuant to this subsection are routine technical rules in accordance with Title 5, chapter 375, subchapter II-A.
3. Penalty. Employers who do not comply with the requirements of this section may not participate in any work program for individuals required to work as a condition of receiving public assistance.
Sec. 2. Report. The Department of Human Services and the Department of Labor shall report to the Joint Standing Committee on Labor by February 1, 1998 on any activities at the United States Department of Labor or any other federal agency to develop labor standards regarding workfare participants. The Joint Standing Committee on Labor is authorized to report out legislation on this issue during the Second Regular Session of the 118th Legislature.
Effective September 19, 1997, unless otherwise indicated.
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