An Act To Minimize Hardship by Prohibiting the State from Reducing the Wages of a State Employee To Recoup Payments the State Made in Error
Sec. 1. 26 MRSA §635, sub-§4, as enacted by PL 1989, c. 804, is amended to read:
This section does not apply to the State in its capacity as an employer.
Sec. 2. 26 MRSA §635-A is enacted to read:
§ 635-A. Recovery of overcompensation by the State prohibited
If the State, in its capacity as an employer, overcompensates an employee as a result of the State's error, the State may not recover the overpayment of wages by deducting or withholding amounts from that employee's subsequent wages.
SUMMARY
This bill provides that, if the State, in its capacity as an employer, overcompensates an employee as a result of the State's error, the State may not recover the overpayment of wages by deducting or withholding amounts from that employee's subsequent wages.