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Senate Bill 0108

Senate Bill 0108

ARCHIVE (2006)

Latest Information

DIGEST OF SB 108 (Updated January 31, 2006 5:18 pm - DI 73)

Wage payment issues. Provides that an employer who fails to pay an employee must pay interest at a monthly rate of 1.5% of the amount due. (Current law makes the penalty 10% per day.) Provides that the maximum amount of interest that may be paid to an employee is the lesser of: (1) double the amount of wages due to the employee; or (2) $50,000. Provides a procedure for an employer to deduct up to $100 due to the employer from an employee from the employee's unpaid wages. Exempts employees who are classified as exempt under the federal Fair Labor Standards Act from the state provisions concerning wage payment. Provides that in the case of an employer who fails to pay wages to an employee whose average weekly wage is less than $1,000, if the failure to pay the wages was not in good faith a court may order the employer to pay the employee not more than twice the amount of unpaid wages and reasonable attorney's fees. Provides that an employer shall pay an employee for all wages earned to a date not more than 10 business days before the date of the payment. (Current law refers to "10 days" rather than "10 business days".) Permits a wage assignment for: (1) payment for uniforms; (2) payment for hand- held tools and equipment; or (3) tuition repayment. Specifies that an employee may make a wage assignment for tuition repayment only if before beginning the education or the training program the employee and the employer execute a written instrument specifying the amount and conditions of the employee's payment or repayment. Specifies limits and conditions on the amount of deductions that may be made from an employee's wages for certain wage assignments. Establishes a fee for issuing a replacement payroll check in certain circumstances. Provides that if an employee incurs certain fees or charges because a payroll payment is delayed or is denied for insufficient funds, the employer must reimburse the employee for the fees or charges. Specifies that an employer must issue a replacement payroll check to an employee who, not more than 15 days after the original payroll check is issued, submits a written request for the issuance of the replacement payroll check because of the theft, destruction, or other loss of the original payroll check. Repeals and relocates language making it a Class C infraction for an employer to sell merchandise or supplies to an employee for a price higher than to the public. Repeals a chapter concerning the regulation of wage payments, which includes the following provisions: (1) A provision requiring an employer to pay employees in commercial paper. (2) A duplicate provision concerning frequency of wage payments. (3) A provision containing obsolete language concerning liens of laborers.
    Current Status:
    Defeated - first House
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