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AR HB1445
Bill
Status
4/27/2011
Primary Sponsor
Jim Nickels
Click for details
AI Summary
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Creates a new criminal offense under Arkansas Code § 11-4-701 making it unlawful for employers to fail to pay wages, final compensation, or wage supplements within a reasonable time after work is performed.
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Establishes criminal penalties ranging from Class A misdemeanor for initial violations to Class D felony for subsequent violations within two years, with each day of violation counting as a separate offense.
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Entitles unpaid employees to recover underpaid wages plus 2% damages per month through claims filed with the Department of Labor or courts (but not both), and imposes additional penalties of 20% to the department and 1% per day to employees for non-compliance with departmental or court orders within 30 days.
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Prohibits employer retaliation against employees for filing complaints or participating in proceedings, with Class A misdemeanor penalties for retaliation escalating to Class D felony for subsequent violations within two years.
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Authorizes the Department of Labor to investigate complaints, subpoena witnesses and documents, refer violations to prosecutors, and maintain a public list of businesses found in violation; allows county prosecutors to independently enforce the statute.
Legislative Description
To Create Criminal Procedures And Penalties For Failure To Provide Wages, Final Compensation, Or Wage Supplements To An Employee.
Last Action
House Died in House Committee at Sine Die adjournment.
4/27/2011