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H0027...........................................................by MR. SPEAKER
Requested by: Idaho Department of Labor
UNPAID WAGE CLAIMS - Amends existing law to provide remedies for violations of
the antiretaliation provision of law dealing with claims for wages; and to
limit the enforcement authority of the director of the Department of Labor to
those sections of law dealing with administrative claims for unpaid wages
brought pursuant to Chapter 6, Title 45, Idaho Code.
01/06 House intro - 1st rdg - to printing
Rpt prt - to Com/HuRes
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 27 BY MR. SPEAKER Requested by: Idaho Department of Labor 1 AN ACT 2 RELATING TO CLAIMS FOR WAGES; AMENDING SECTION 45-613, IDAHO CODE, TO PROVIDE 3 REMEDIES FOR VIOLATIONS OF THE ANTIRETALIATION PROVISION OF LAW; AND 4 AMENDING SECTION 45-616, IDAHO CODE, TO LIMIT THE DIRECTOR'S ENFORCEMENT 5 AUTHORITY TO THOSE SECTIONS OF LAW DEALING WITH ADMINISTRATIVE CLAIMS FOR 6 UNPAID WAGES BROUGHT PURSUANT TO CHAPTER 6, TITLE 45, IDAHO CODE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 45-613, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 45-613. DISCHARGING OR RETALIATING AGAINST EMPLOYEES ASSERTING RIGHTS 11 UNDER THIS CHAPTER -- REMEDIES. (1) No employer shall discharge or in any 12 other manner retaliate against any employee because that employee has made a 13 complaint to the employer, or to the department, or filed suit alleging 14 that the employee has not been paid in accordance with the provisions of this 15 chapter, or because the employee has testified or may be about to testify in 16 an investigation or hearing undertaken by the department. The provisions of 17 this section shall not be construed to otherwise restrict the discipline or 18 termination of an employee. 19 (2) Any employee aggrieved by a violation of this section may bring a 20 civil action in a court of competent jurisdiction for injunctive relief, dam- 21 ages or both. If the court finds that an employer violated this section, it 22 shall award actual damages, plus an amount equal to treble the amount of 23 actual damages, or one thousand dollars ($1,000) per violation, whichever is 24 greater. The court shall also award a prevailing plaintiff reasonable attor- 25 ney's fees and costs. No action under this section may be commenced later than 26 two (2) years after the date of the violation giving rise to the right of 27 action. 28 SECTION 2. That Section 45-616, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 45-616. ENFORCEMENT. (1) The director shall enforce and administer the 31 wage claim provisionsofas authorized by this chapter. The director is empow- 32 ered to hold hearings and otherwise investigate violations or alleged viola- 33 tions of the wage claim provisions of this chapter and any rules promulgated 34 pursuant thereto, and to issue orders for administrative remedies as autho- 35 rized by law. 36 (2) The director is empowered to enter and inspect places, question 37 employees, and investigate facts, conditions, or matters as the director may 38 deem appropriate to determine whether any person has violatedanythe wage 39 claim provisions of this chapter or any rule promulgated thereunder or which 40 may aid in the enforcement of the wage claim provisions of this chapter. 41 (3) The director shall have the power to administer oaths and examine 2 1 witnesses under oath or otherwise, and issue subpoenas to compel the atten- 2 dance of witnesses and the production of any evidence deemed necessary in the 3 administration of this chapter. 4 (4) If any person fails to comply with any subpoena lawfully issued, it 5 shall be the duty of the district court, on application by the director, to 6 compel compliance by citation for contempt. 7 (5) An employer shall furnish to the department the information the 8 department is authorized to acquire under this section when the request is 9 submitted in writing. 10 (6) The department shall attempt for a period of not less than two (2) 11 years from the date of collection, to make payment of wages collected under 12 this chapter to the person entitled thereto. Wage claims collected by the 13 department that remain unclaimed for a period of more than two (2) years from 14 the date collected shall on June 30th of each year be forfeited and retained 15 in the department's account and used for the administration of this chapter.
STATEMENT OF PURPOSE
RS12314
This bill contains two amendments to Idaho's Claims for Wages Law.
The first amendment provides a private right of action for
violations of the anti-retaliation provision in Idaho Code 45-
613. Under current law, no remedy exists under this specific code
section to punish employers who discharge or retaliate against
employees who file wage claims or otherwise participate in the wage
claim process. The second amendment limits the Department of
Labor's enforcement authority under Title 45, Chapter 6, Idaho
Code, to those particular code sections dealing with administrative
claims for unpaid wages.
FISCAL IMPACT
This bill will be revenue neutral and will have no impact on
the General Fund. It may impact Idaho employers and employees
by providing a specific remedy for what has long been a
violation of Idaho law.
CONTACT
Name: Dwight Johnson
Agency: Labor, Dept. of
Phone: 332-3570 ext. 3209
Statement of Purpose/Fiscal Impact H 2