§ 345a - Failure of any employer to provide benefits for employees
§ 345a. Failure of any employer to provide benefits for employees
In addition to any other penalty or punishment otherwise prescribed by law, any employer who is party to a written agreement to provide benefits or wage supplements, and who fails to pay the amount required by the agreement:
(1) shall be liable to the employee for actual damages caused by the failure to pay; and
(2) where the failure to pay is fraudulently made and continues for 30 days after such payments are required to be made, shall be fined not more than $500.00 or imprisoned not more than one year, or both. Where the employer is a corporation, the president and other officers who have control of funds of the corporation shall be considered employers for the purposes of this section. The court, in passing sentence, shall make an order requiring the employer to pay over to the employee the benefits or wage supplements to which he or she is entitled. (Added 1963, No. 188, § 2; amended 1977, No. 244 (Adj. Sess.), § 5, eff. May 1, 1978.)