26 §1312. Penalties for violation
Title 26: LABOR AND INDUSTRY
Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS HEADING: RR 1995, C. 2, §64 (COR)
§1312. Penalties for violation
1. Violation by contractor or subcontractor. Except as provided in section 1308, subsection 1-A, any contractor or subcontractor who willfully and knowingly violates section 1302-A or sections 1304 to 1313 is subject to a forfeiture of not less than $250.
[ 2009, c. 452, §2 (AMD) .]
2. Employees' remedies. Any laborer, worker or mechanic engaged in construction of public works let to contract, who is paid less than the posted fair minimum rate of wages and benefits applicable, may recover from such a contractor or subcontractor the difference between the same and the posted fair minimum rate of wages and benefits a penalty equal in amount to the difference and reasonable attorney's fees; however, the surety for the contractor or subcontractor is not liable for the penalty or attorney's fees.
[ 1997, c. 757, §10 (AMD) .]
3. Unfair agreement. A person may not request, demand or receive money or other thing of value from an employee whose rate is determined by sections 1304 to 1313 upon the statement, representation or understanding that failure to comply with such request or demand will prevent the employee from procuring or retaining employment. A person may not aid, directly or indirectly, assist or abet another to violate the prohibitions of this subsection. Any person violating the prohibitions of this subsection is subject to a forfeiture of not less than $250.
[ 1997, c. 757, §10 (AMD) .]
This section may not be construed to make unlawful any provision in a collective bargaining agreement between an employer and a labor organization that relates, in any manner, to the conditioning of employment on union membership or on the payment of regular and periodic dues, or of initiation fees, to a labor organization. [1997, c. 757, §10 (AMD).]
SECTION HISTORY
1965, c. 406, §2 (NEW). 1967, c. 403, (RPR). 1997, c. 757, §10 (AMD). 1999, c. 181, §3 (AMD). 2009, c. 452, §2 (AMD).