S. 8380 - Wage Theft Prevention Act Summary

• Requires employers to provide employees with written notice in English and their primary language at time of hiring and annually by February 1st, detailing pay rates, basis of payment, allowances, employer contact information, and other material information.

• Mandates employers maintain payroll records for six years showing hours worked, pay rates, gross/net wages, deductions, and for overtime-eligible employees, regular and overtime hours and rates.

• Increases liquidated damages from 25% to 100% of unpaid wages in wage violation cases, allows automatic 15% increase if judgments remain unpaid after 90 days, and extends statute of limitations to six years with tolling provisions.

• Creates penalties of $50 per work week (up to $2,500) for failing to provide required notices and $100 per work week (up to $2,500) for failing to provide wage statements, recoverable through civil action or by the commissioner.

• Strengthens retaliation protections by broadening definition of prohibited conduct, increasing penalties to Class B misdemeanor, allowing liquidated damages up to $10,000, and establishing two-year statute of limitations with tolling provisions for civil actions.

• Authorizes commissioner to post public notices of employer violations in workplaces for up to one year and in public areas for up to 90 days in cases of willful wage non-payment.