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2020 SESSION
SB 838 Nonpayment of wages; cause of action, penalties.
Introduced by: Adam P. Ebbin | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
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, or 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 provisions of the bill related to construction contracts only apply if (i) it can be demonstrated that the general contractor knew or should have known that the subcontractor was not paying his employees all wages due, (ii) the construction contract is related to a project other than a single family residential project, and (iii) the value of the project, or an aggregate of projects under one construction contract, is greater than $500,000.
FULL TEXT
- 01/08/20 Senate: Prefiled and ordered printed; offered 01/08/20 20104975D pdf | impact statements
- 02/03/20 Senate: Committee substitute printed 20106124D-S1 pdf | impact statements
- 02/11/20 Senate: Printed as engrossed 20106124D-ES1 pdf | impact statement
- 02/25/20 House: Committee substitute printed 20109103D-H1 pdf | impact statement
- 03/18/20 Senate: Bill text as passed Senate and House (SB838ER) pdf | impact statement
- 04/10/20 Governor: Acts of Assembly Chapter text (CHAP1038) pdf
AMENDMENTS
HISTORY
- 01/08/20 Senate: Prefiled and ordered printed; offered 01/08/20 20104975D
- 01/08/20 Senate: Referred to Committee on Commerce and Labor
- 02/03/20 Senate: Reported from Commerce and Labor with substitute (12-Y 2-N)
- 02/03/20 Senate: Committee substitute printed 20106124D-S1
- 02/03/20 Senate: Rereferred to Finance and Appropriations
- 02/06/20 Senate: Reported from Finance and Appropriations (15-Y 1-N)
- 02/10/20 Senate: Constitutional reading dispensed (36-Y 0-N)
- 02/11/20 Senate: Read second time
- 02/11/20 Senate: Reading of substitute waived
- 02/11/20 Senate: Committee substitute agreed to 20106124D-S1
- 02/11/20 Senate: Engrossed by Senate - committee substitute SB838S1
- 02/11/20 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/11/20 Senate: Passed Senate (20-Y 20-N)
- 02/11/20 Senate: Chair votes Yes
- 02/11/20 Senate: Reconsideration of passage agreed to by Senate (39-Y 1-N)
- 02/11/20 Senate: Passed by temporarily
- 02/11/20 Senate: Engrossment reconsidered by Senate (40-Y 0-N)
- 02/11/20 Senate: Reading of amendments waived
- 02/11/20 Senate: Amendments by Senator Ebbin agreed to
- 02/11/20 Senate: Engrossed by Senate - committee substitute with amendments SB838ES1
- 02/11/20 Senate: Printed as engrossed 20106124D-ES1
- 02/11/20 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/11/20 Senate: Passed Senate (22-Y 18-N)
- 02/14/20 House: Placed on Calendar
- 02/14/20 House: Read first time
- 02/14/20 House: Referred to Committee on Labor and Commerce
- 02/25/20 House: Reported from Labor and Commerce with substitute (11-Y 8-N)
- 02/25/20 House: Committee substitute printed 20109103D-H1
- 02/27/20 House: Read second time
- 02/28/20 House: Read third time
- 02/28/20 House: Committee substitute agreed to 20109103D-H1
- 02/28/20 House: Engrossed by House - committee substitute SB838H1
- 02/28/20 House: Passed House with substitute (52-Y 46-N 1-A)
- 02/28/20 House: VOTE: Passage (52-Y 46-N 1-A)
- 03/02/20 Senate: House substitute rejected by Senate (0-Y 40-N)
- 03/03/20 House: House insisted on substitute
- 03/03/20 House: House requested conference committee
- 03/04/20 Senate: Senate acceded to request (23-Y 17-N)
- 03/04/20 Senate: Conferees appointed by Senate
- 03/04/20 Senate: Senators: Ebbin, Spruill, Obenshain
- 03/05/20 House: Conferees appointed by House
- 03/05/20 House: Delegates: Carroll Foy, Kory, Fariss
- 03/05/20 Conference: Amended by conference committee
- 03/05/20 House: Conference report agreed to by House (52-Y 45-N 1-A)
- 03/05/20 House: VOTE: Adoption (52-Y 45-N 1-A)
- 03/07/20 Senate: Conference report agreed to by Senate (22-Y 18-N)
- 03/18/20 Senate: Bill text as passed Senate and House (SB838ER)
- 03/18/20 Senate: Enrolled
- 03/18/20 Senate: Signed by President
- 03/19/20 House: Signed by Speaker
- 03/20/20 Senate: Enrolled Bill Communicated to Governor on March 20, 2020
- 03/20/20 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
- 04/10/20 Governor: Approved by Governor-Chapter 1038 (effective 7/1/20)
- 04/10/20 Governor: Acts of Assembly Chapter text (CHAP1038)