12-170-9 Me. Code R. § II

Current through 2024-51, December 18, 2024

Section 170-9-II - Penalty Calculation

This section applies to the assessment of administrative civil money penalties against employers determined to have violated Title 26, Chapter 7, subchapters I-IV.

A.Penalty Reductions

The number of violations will be multiplied by $1,000. The result will then be reduced in consideration of the applicable factors below. Either the reduced penalty or the statutory maximum penalty will apply, whichever is lower.

1.Size of Employer

Number of Employees	Multiplier
1 - 20	.667
21 - 50	.850
51 - 100	.950

2.History of Previous Violations

The employer has never been adjudged in violation of Title 26, Chapter 7, Subchapters I-IV, has never entered into a settlement agreement or consent decree, and has never been penalized under these rules.

Multiplier - 0.8

If the employer is being penalized for multiple violations of the same statute, this multiplier is inapplicable.

If this multiplier is inapplicable for any reason, no further multipliers are applicable to the employer.

3.Gravity of the Violation

If the employer is being cited for a grave violation it is ineligible for this multiplier. If the employer is being cited for multiple violations, some of which are grave and others of which are not, the employer is ineligible for this multiplier. If the employer is being cited for a violation which is not grave, the employer is eligible for this multiplier.

Multiplier - 0.8

4.Good Faith

An employer demonstrates good faith if all of the below are applicable:

i) The employer complies in a timely manner with all of the Director's requests for information and records. The employer's failure to comply with a reasonable and lawful request by the Director will render the employer ineligible for this multiplier;

ii) If any wages are owed, the employer pays to the worker all wages owed, including applicable interest and all liquidated damages which would be recoverable in court under the statute;

iii) The employer makes policy changes, institutes training, and/or modifies administrative procedures so as to satisfy the Director that a repeat violation is highly unlikely to occur; and

iv) The employer demonstrates remorse for its actions, including by posting a notice in the workplace, in a location visible to workers, stating that the employer was found by the Bureau to be in violation of the law, stating which statutes it violated, and explaining any changes that were made pursuant to paragraph iii. The notice must remain in place for a period of not less than 90 days.

Multiplier - 0.8

B.Combining or grouping penalties for multiple violations

Where the penalty provision of the statutes allow, the Director may combine or group the penalty amounts for multiple violations of the statute.

12-170 C.M.R. ch. 9, § II