§ 342a - Investigation of complaints of unpaid wages - Vermont Statutes

§ 342a. Investigation of complaints of unpaid wages

(a) Upon complaint to the department of labor by an employee that wages have not been paid to the employee by the employer, the commissioner of labor or the commissioner's agent shall investigate the complaint, examine the employer's records, attempt to arrange a settlement between the employer and the employee and, if the attempt fails, shall, upon a finding based on clear and convincing evidence that unpaid wages are owed to the employee by the employer, collect from the employer the amounts due and remit them to the employee.

(b) If the commissioner finds that the unpaid wages were willfully withheld by the employer, the commissioner may collect from the employer an additional amount not to exceed twice the amount of the unpaid wages, one-half of which will be remitted to the employee and one-half of which shall be retained by the commissioner to offset estimated administrative and collection costs.

(c) The commissioner shall enforce an order for collection under this section in superior court. The commissioner may authorize an agent to administer oaths and to compel testimony for the purposes of this section. (Added 1965, No. 182; amended 1977, No. 244 (Adj. Sess.), § 3, eff. May 1, 1978; 1999, No. 119 (Adj. Sess.), § 19, eff. May 18, 2000; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)