HB 123

Abstract

Nonpayment of wages; cause of action; penalties. Provides that an employee has a private cause of action against an employer who fails to pay wages to recover the amount of wages due plus interest at eight percent annually from the date the wages were due. If the court finds that the employer knowingly failed to pay wages to an employee, the court shall award the employee (i) reasonable attorney fees and other costs and (ii) an amount equal to triple the amount of wages due.

Nonpayment of wages; private action; liability for payment of wages due under construction contracts; penalties. Provides that an employee has a private cause of action, individually, jointly, with other aggrieved employees as a collective action, on behalf of similarly situated employees as a collective action under the federal Fair Labor Standards Act against an employer who fails to pay wages to recover the amount of wages due plus interest at eight percent annually from the date the wages were due, an additional amount as liquidated damages, and reasonable attorney fees and costs. If the court finds that the employer knowingly failed to pay wages, the court shall award the employee reasonable attorney fees and costs and the employer is subject to a civil penalty not to exceed $1,000 for each violation. If the court finds that the employer's failure to pay wages was willful and with intent to defraud the employee, the court shall award the employee triple the amount of wages due and reasonable attorney fees and costs. The measure also provides that any construction contract entered into on or after July 1, 2020, shall be deemed to include a provision under which the general contractor and the subcontractor are jointly and severally liable to pay the wages due to the subcontractor's employees. If the wages due to the subcontractor's employees are not paid, the general contractor is subject to criminal and civil penalties for which an employer is liable for failing or refusing to pay wages. The measure requires the subcontractor to indemnify the general contractor for wages, damages, interest, penalties, or attorney fees owed as a result of the subcontractor's failure to pay the wages unless the subcontractor's failure to pay wages was because of the general contractor's failure to pay moneys due to the subcontractor. The measure also provides that the lack of privity between the general contractor and the employees of the subcontractor is not a defense in an action against the general contractor arising from nonpayment of wages to the subcontractor's employees. This bill incorporates HB 482.

Nonpayment of wages; private action; liability for paymentof wages due under construction contracts. Provides that an employee has aprivate cause of action against an employer who fails to pay wages to recoverthe amount of wages due plus interest at eight percent annually from the datethe wages were due. If the court finds that the employer knowingly failed topay wages, the court shall award the employee reasonable attorney fees andother costs. If the court finds that the employer's failure to pay wages waswillful and with intent to defraud the employee, the court shall also award theemployee three times the amount of wages due. The measure also provides thatconstruction contracts shall be deemed to include a provision under which thegeneral contractor and the subcontractor are jointly and severally liable topay the wages due to the subcontractor's employees. If the wages due to thesubcontractor's employees are not paid, the general contractor is subject to criminaland civil penalties for which an employer is liable for failing or refusing topay wages. The measure requires the subcontractor to indemnify the generalcontractor for wages, damages, interest, penalties, or attorney fees owed as aresult of the subcontractor's failure to pay the wages unless thesubcontractor's failure to pay wages was because of the general contractor'sfailure to pay moneys due to the subcontractor. The measure also provides thatthe lack of privity between the general contractor and the employees of thesubcontractor is not a defense in an action against the general contractorarising from nonpayment of wages to the subcontractor's employees.