Code of Maine Rules
12 - DEPARTMENT OF LABOR
170 - BUREAU OF LABOR STANDARDS
Chapter 9 - RULES GOVERNING ADMINISTRATIVE CIVIL MONEY PENALTIES FOR LABOR LAW VIOLATIONS
Section 170-9-V - Annual Evaluation of Enforcement Effectiveness

Universal Citation: 12 ME Code Rules ยง 170-9-V

Current through 2024-38, September 18, 2024

1. By no later than April 1 of each legislative session, the Director shall produce a report evaluating the extent of labor law violations and probable violations in the state, the effectiveness of the Bureau's enforcement measures, and setting out an enforcement strategy for the forthcoming year. The report shall be supplied to the Joint Standing Committee on Labor and Housing as well as made available to the public.

2. The Director may partner with external individuals and/or organizations with relevant expertise for the purpose of developing a methodology to study the level of labor law violations and probable violations. The methodology shall be academically rigorous and aim to provide an overview of which types of violations and probable violations are occurring, in which economic sectors, and in which geographic areas. The study shall be capable of replication such that the first year provides a baseline against which subsequent years' studies can be compared.

3. The Director may partner with external organizations in administering the study if the Director reasonably believes that the organizations meet the following criteria:

a. They possess relevant academic expertise or are likely to facilitate broader or more thorough participation of workers in the study; and

b. Their involvement will not bias the results of the study towards a predetermined outcome.

4. When measuring the effectiveness of the enforcement regime, the Director shall consider in particular whether the fines and civil forfeitures provide enough of a deterrent effect to induce compliance with the law. The Director shall also consider the Bureau's strategy for the past year and assess which aspects of the strategy could be improved so as to generate further compliance.

5. When setting out an enforcement strategy for the forthcoming year, the Director shall focus in particular on how to most effectively use the Bureau's resources to ensure that the maximum number of employers are complying with labor laws and the maximum number of workers are benefitting from the employment rights to which they are legally entitled. In designing such a strategy, the Director shall, among other considerations, take into account:

a. Which sectors of the economy have the highest number of violations and probable violations;

b. Which workers are least likely to exercise a private right of action or make a complaint to the Bureau; and

c. Which workers are most vulnerable and in need of protection, for instance because of low pay, speaking English as a second language, multiple forms of discrimination, the inability to exercise a private right of action due to mandatory arbitration clauses, dependency on an employer for housing, transportation, or visa status, the use of subcontracting or misclassification, or the gravity of the violations to which they have been subjected, among others.

6. The enforcement strategy shall set out a target for the proportion of enforcement resources allocated to proactive enforcement. The targeted proportion shall never be less than 40%.

7. Nothing in this rule prevents the Director from modifying the enforcement strategy before the following year's annual report is due. The modified strategy shall be made publicly available.

8. The first of these reports shall be due by April 1 of the 132nd Legislature.

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