1506 AMH PIKE ELGE 131

HB 1506 - H AMD 310

By Representative Pike

NOT ADOPTED 03/08/2017

On page 4, beginning on line 34, strike all of sections 7 and 8 and insert the following:

"NEW SECTION. Sec. 7. Any employee aggrieved by a violation of this chapter may recover in a civil action the employee's lost wages, including interest thereon, and costs and reasonable attorneys' fees. If an employee receiving less than the wage to which the employee is entitled under this chapter shows that the action of the employer was deliberate and in bad faith, the employee may additionally recover statutory damages equal to the actual damages incurred. A civil action to recover wages under this section may be commenced no later than two years after the cause of action occurs."

 

Renumber the remaining sections consecutively and correct any internal references accordingly.

 

 

 

 

EFFECT:  

    Strikes the administrative remedies.

    Modifies the private cause of action to: allow damages for lost wages, rather than actual damages; provide that statutory damages are available only if the employer's action was deliberate and in bad faith and are equal to the actual damages (rather than the greater of $5,000 or the actual damages); specify a statute of limitations of two years and strike the provision that wages and interest are calculated from the first date wages were owed; strike rate of interest; and strike court's authority to order reinstatement and injuctive relief. 

 

 

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