Bill > S1229

This bill creates a new legal mechanism called the Construction Industry Private Attorney General Action to address wage non-payment and unfair competition in the construction industry. The legislation allows various "Interested Parties" (including construction employers, labor organizations, trustees, and affected employees) to file civil actions on behalf of the Commonwealth against employers who fail to pay proper wages. The bill defines key terms like "Construction Industry" broadly, covering a wide range of construction-related work, and establishes that an Interested Party can bring a lawsuit if they have probable cause to believe wage non-payment has occurred. If successful, the plaintiff can recover treble damages for affected employees who respond to court notices, with 20% of the total award going to a new wage enforcement fund managed by the Attorney General. The fund can be used to enforce wage laws, educate the public, and potentially provide loans to affected employees with urgent financial needs. The bill also provides penalties of $50 per pay period for each violation and allows for injunctive relief. Importantly, the Attorney General has the right to intervene in these actions at any time, and the legal action cannot be waived or compelled to arbitration. The overall goal is to protect honest employers, ensure fair wage practices, and provide a mechanism for addressing wage theft in the construction industry.

Justice

https://malegislature.gov/Bills/194/S1229