An Act To Reform Employer-provided Benefits
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §637 is enacted to read:
§ 637. Remuneration in lieu of benefits
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Benefit" means remuneration other than salary and wages, including, but not limited to, health insurance and pensions.
B. "Publicly funded benefit" means a benefit provided pursuant to a state or federal government program.
2. Prohibited actions. An employer may not provide an employee any remuneration in lieu of a benefit offered to that employee by the employer, when by virtue of refusing that benefit the employee is eligible for and receives a publicly funded benefit.
3. Violation. An employer that violates subsection 2 commits a civil violation for which a fine of not less than $500 nor more than $1,000 for each violation may be adjudged.
4. Injunction. The Attorney General may bring an action to seek a fine under subsection 3 and may also seek an injunction to enjoin any further violations and may seek any other equitable relief available.
summary
This bill prohibits an employer from giving an employee remuneration in lieu of an offered benefit when by virtue of refusing that benefit the employee is eligible for and receives a publicly funded benefit, such as health insurance. The penalty for noncompliance is a civil violation for which a fine from $500 to $1,000 may be adjudged and appropriate equitable relief sought.