HB2546 H I&L AM #1 3-7

Nichols 3192


The Committee on Industry and Labor moved to amend the bill on page 1, section 4, line 1, and after the section heading, by striking out the remainder of the bill and inserting in lieu thereof the following:

“(a) In lieu of lawful money of the United States, any person, firm or corporation may compensate employees for services by cash order which may include checks, direct deposits or money orders on banks convenient to the place of employment where suitable arrangements have been made for the cashing of the checks by employees or deposit of funds for employees for the full amount of wages.

(b) Whenever a person, firm or corporation discharges an employee, or whenever an employee quits or resigns from employment, the person, firm or corporation shall pay the employee's wages due for work that the employee performed prior to the separation of employment on or before the next regular payday on which the wages would otherwise be due and payable: Provided, That fringe benefits, as defined in section one of this article, that are provided an employee pursuant to an agreement between the employee and employer and that are due, but pursuant to the terms of the agreement, are to be paid at a future date or upon additional conditions which are ascertainable are not subject to this subsection and are not payable on or before the next regular payday, but shall be paid according to the terms of the agreement. For purposes of this section, "business day" means any day other than Saturday, Sunday or any legal holiday as set forth in section one, article two, chapter two of this code.

(c) Payment under this section may be made in person in any manner permissible under section three of this article, through the regular pay channels or, if requested by the employee, by mail. If the employee requests that payment under this section be made by mail, that payment shall be considered to have been made on the date the mailed payment is postmarked.

(d) When work of any employee is suspended as a result of a labor dispute, or when an employee for any reason whatsoever is laid off, the person, firm or corporation shall pay in full to the employee not later than the next regular payday, either through the regular pay channels or by mail if requested by the employee, wages earned at the time of suspension or layoff.

(e) If a person, firm or corporation fails to pay an employee wages as required under this section, the person, firm or corporation, in addition to the amount which was unpaid when due, is liable to the employee for two times that unpaid amount as liquidated damages. This section regulates the timing of wage payments upon separation from employment and not whether overtime pay is due. Liquidated damages that can be awarded under this section are not available to employees claiming they were misclassified as exempt from overtime under state and federal wage and hour laws. Every employee shall have a lien and all other rights and remedies for the protection and enforcement of his or her salary or wages, as he or she would have been entitled to had he or she rendered service therefor in the manner as last employed; except that, for the purpose of liquidated damages, the failure shall not be deemed to continue after the date of the filing of a petition in bankruptcy with respect to the employer if he or she is adjudicated bankrupt upon the petition.

(f)(1) Notwithstanding any provision in this section to the contrary, if an employee fails to return property, equipment, supplies or uniforms provided by the employer at the time of discharge or resignation, the employer may withhold, deduct or divert any portion of an employee's final wages to recover the replacement cost of the employer's property, equipment, supplies or uniforms, subject to the following:

            (A) the property, equipment, supplies or uniforms had been provided by the employer to the employee in the course of the employer's business;

            (B) the employee had executed a written agreement with the employer contemporaneous with the obtaining of the property, equipment, supplies or uniforms; and such agreement contained, at a minimum, the following information:

            (i) specific itemization of the property, equipment, supplies or uniforms provided by the employer to employee, with a specified replacement cost;

            (ii) clear statement that such items are to be returned immediately upon discharge or resignation, but not to exceed three days after discharge or resignation; and

            (iii) clear statement, coupled with the employee’s clear acknowledgement and agreement that should the employee fail to timely return the specified items, the cost of such items may be recovered by the employer from the final wages;

            (C) the employer shall notify the employee in writing at the time of discharge or resignation, or as soon thereafter as practicable, as to the replacement cost of the items and make a demand for return of such property, equipment, supplies, uniforms within a certain time frame not to exceed ten days;

            (D) The employer shall relinquish the withheld, deducted or diverted wages to the employee if the employee returns the employer’s property, equipment, supplies and uniforms in a condition suitable for the age and usage of the items within ten business days of the employee’s discharge or resignation.

            (2)  Nothing herein precludes an employee from voluntarily consenting in writing to an employer’s withholding, deduction or diversion of a certain amount from the employee’s final wages in satisfaction of subsection (1) of this section.

            (3) If an employee objects to the replacement cost amount to be deducted by an employer, and provides such written objection within the deadline specified in paragraph (C),subdivision (1) of this subsection, then the employer shall provide the wages owed under this section to the employee less the claimed replacement cost amount, and shall place the controverted amount in an interest bearing escrow account: Provided, That if a civil action or equitable relief is not brought by the employee for the claimed amount within three months, the employee shall forfeit the amount in escrow and such money shall revert to the employer.