HB5088 - Wage Theft Act Summary

• Employers and their officers who knowingly withhold wages are guilty of a Class A misdemeanor for the first offense and a Class 4 felony for subsequent offenses, with names listed on the Department of Labor's website.

• Creates the Wage Theft Enforcement Fund to compensate employees who filed complaints against employers determined to be insolvent, providing one full pay period's worth of wages plus interest.

• Counties and municipalities requiring building permits must include notices with workers' rights information under the Wage Theft Act and Wage Payment and Collection Act at construction sites.

• Employers ordered to pay wages face non-waivable administrative fees ($250 for wages ≤$3,000; $500 for $3,000-$10,000; $1,000 for ≥$10,000) plus penalties of 20% to the Department and 1% per day to the employee for late payment.

• Department of Labor must maintain a public website list of employers and officers found guilty of wage theft violations and must notify employers of disclosure requirements and penalties.