HP0640
LD 921
Session - 127th Maine Legislature
C "B", Filing Number H-240, Sponsored by
LR 1243
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

Sec. 1. 26 MRSA §850, sub-§3,  as enacted by PL 1999, c. 435, §1, is amended to read:

3. Penalties.   The If notice of a violation of this section is given to the employer and the Department of Labor within 6 months of the occurrence, the Department of Labor may assess civil penalties of up to $200 for each violation of this section, if notice of the violation was given to the employer and the department within 6 months of the occurrence. as follows:
A For denial of leave in violation of this section, a fine of up to $1,000 for each violation of this section may be assessed. A fine assessed under this paragraph must be paid to the Treasurer of State. Additionally, the employer shall pay liquidated damages to the affected individual in an amount equal to 3 times the amount of total assessed fines; and
B For termination in connection with an individual exercising a right granted by this section, the affected individual may elect to receive:

(1) Liquidated damages pursuant to paragraph A; or

(2) Reemployment with the employer with back wages.

Sec. 2. Appropriations and allocations. The following appropriations and allocations are made.

LABOR, DEPARTMENT OF

Regulation and Enforcement 0159

Initiative: Provides funds for a half-time Labor and Safety Inspector position and related All Other costs associated with the additional enforcement requirements.

GENERAL FUND 2015-16 2016-17
POSITIONS - LEGISLATIVE COUNT
0.500 0.500
Personal Services
$23,867 $32,372
All Other
$22,600 $22,600
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL $46,467 $54,972

SUMMARY

This amendment, which is the minority report of the Joint Standing Committee on Labor, Commerce, Research and Economic Development, strikes the bill and replaces it with changes to the penalties that may be assessed for violations of the employment leave for victims of violence law, as follows.

1. It increases the fine from up to $200 per violation to up to $1,000 per violation and provides that the fine applies only to denials of leave in violation of the law.

2. It provides that, for denial of leave in violation of the law, the employer must pay the affected individual an amount 3 times the total assessed fines.

3. It provides that, for termination in connection with exercising a right granted under the law, the affected individual may choose either to receive an amount 3 times the total assessed fines or reemployment with the employer with back wages.

The amendment also adds an appropriations and allocations section to the bill.

FISCAL NOTE REQUIRED
(See attached)


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