Summary |
The bill updates and modifies laws pertaining to the payment of
wages, employee misclassification, and workplace safety, and the enforcement procedures and remedies for violations of those laws, as follows:
Changes the penalty for failure to provide requested
information to the division of labor standards and statistics in the department of labor and employment (DLSS) from a misdemeanor criminal offense to a daily penalty of up to $50 (section 1 of the bill);
Requires an employer to: Provide notice to an employee, within 10 days after the employment terminates, before deducting from wages or compensation any amount of money or property the employee failed to return or repay upon termination of employment; pay the employee the deducted amount within 14 days after the employee returns or repays the money or property if the employee did so within 14 days after notice is provided; and pay 2 times the amount of the deduction if the employer fails to provide the required notice (section 2);
Imposes automatic penalties, and adjusts the amount of the penalties for multiple violations within 5 years, on an employer that fails to pay past-due wages within 14 days after a written demand or civil or administrative action for the past-due wages is sent to or served on the employer (section 3);
Repeals the requirement that an employee dismiss an action against an employer after the employer makes a legal tender for the full amount claimed in the action (section 3), and eliminates the authority of a court to award an employer reasonable attorney fees and costs in an action in which the employee claimed wages in excess of the greater of $7,500 or the jurisdictional limit for small claims court and the employee does not recover an amount greater than the amount the employer tendered (section 4);
For wage claims on or after January 1, 2023, increases the threshold for wage claims the director of the DLSS may adjudicate from $7,500 or less to $15,000 or less (section 5);
Allows the director of the DLSS to use existing authority under labor laws to gather information pertinent to wage claims from employers, employees, and other persons or entities (section 5);
If the DLSS determines that an employer has violated wage laws, allows employees who filed the wage claims to request the DLSS to notify similarly situated employees that the employer may be engaging in a pattern or practice of nonpayment of wages (section 5);
Allows recovery of attorney fees, an additional fine of 50% of the amount of past-due wages, and a penalty of the greater of 50% of past-due wages or $3,000 from an
employer that fails to pay an employee past-due wages within 60 days after the determination in favor of the employee (section 5);
For a citation, notice of assessment, or order issued against an employer on or after January 1, 2023, requires the DLSS, upon request of an employee, to file a certified copy of the citation, notice, or order with the appropriate clerk of court, after which the clerk is required to enter the citation, notice, or order as a judgment of the court, and the judgment becomes a lien against the employer's property that is superior to all other liens except property tax liens (section 6);
Authorizes the DLSS to issue a notice of administrative lien and levy, similar to a child support enforcement lien, when an employer fails to pay past-due wages, fines, or penalties, which lien attaches to the employer's real or personal property that is in the possession, custody, or control of another person (section 6);
Allows an employee who alleges that the employee's employer discriminated or retaliated against the employee for filing or participating in a wage claim to file a civil action to seek relief, including back pay, reinstatement or front pay, payment of unlawfully withheld wages, interest on past-due wages, penalties, liquidated damages, injunctive relief, and attorney fees and costs. The DLSS, after an investigation of a discrimination or retaliation claim, may also order similar relief to an employee, other than attorney fees and costs (section 7);
Requires employers to ensure the workplace is constructed, operated, and equipped, and any machinery and equipment in the workplace is placed, operated, and lighted, in a manner that provides reasonable and adequate protections to the lives, health, and safety of all employees, and authorizes a new worker and employee unit in the department of law, in addition to an employee injured or threatened with injury, to enforce the workplace safety requirements (section 8);
Establishes the worker and employee unit (unit) in the department of law to investigate and enforce wage theft, unemployment insurance and misclassification of employees, and workplace safety claims under specified circumstances (sections 9 through 12); and
Modifies certain provisions of the mechanics' lien law to streamline its use in the context of workers enforcing wage claims for work performed on real property (sections 13
through 23).
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