12- 170 C.M.R. ch. 3, § 4

Current through 2024-51, December 18, 2024
Section 170-3-4 - Determination of Amount of Earned Wages
A. The Director shall determine the amount of earned wages owed to each employee by the employer by examining payroll records, checks, or other reliable data.
B. Payments of earned wages by any third party shall be deducted from the total amount of wages determined to be earned.
C. If the Bureau determines that the employee is eligible for payment from the Fund, the amount of payment will be for the gross earned wages. If the gross amount cannot be determined, the payment will be the net amount due.
D. If payment is based on the gross earned wages, all payroll deductions including but not limited to federal and state taxes, insurance premiums, wage attachments and retirement plan payments will be the responsibility of the employee receiving payment.
E. The amount of earned wages determined by the director may not exceed the maximum of two weeks of wages as established in the law. In the event an eligible employee is owed more than two weeks of wages, payment must be made based on the two weeks for which the highest amount of wages are owed.
F. The amount of earned weekly wages paid by the Bureau may not exceed 150% of the average weekly wage determined by the Department of Labor, Bureau of Unemployment Compensation pursuant to Title 26 MRSA, §1043, §§1-A and in effect during the period the unpaid wages to be compensated were earned.

12- 170 C.M.R. ch. 3, § 4