Maine Revised Statutes Title 32 Sec. 14058 – Penalties
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1. Injunction. The State may seek to enjoin any person or employee leasing company from violating this chapter.
[PL 1991, c. 468, §4 (NEW).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 32 Sec. 14058
- Client company: means a person, association, partnership, corporation or other entity that leases employees from an employee leasing company pursuant to contract. See Maine Revised Statutes Title 32 Sec. 14051
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Employee leasing company: means a sole proprietorship, partnership, corporation or other form of business entity, a substantial portion of the business of which consists of leasing employees to one or more client companies under contractual arrangements that are characterized by the following. See Maine Revised Statutes Title 32 Sec. 14051
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Superintendent: means the Superintendent of Consumer Credit Protection. See Maine Revised Statutes Title 32 Sec. 14051
2. Penalty. The following penalties apply to violations of this chapter.
A. A person or employee leasing company that violates this chapter is subject to a fine of $100 per day for each violation. [PL 2003, c. 452, Pt. R, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A corporation, partnership, sole proprietorship or other form of business entity and an officer, director, general partner, agent, representative or employee of any of those types of business entities that knowingly uses or participates in any employee leasing agreement, arrangement or mechanism for the purpose of depriving one or more insurers of premiums or avoiding the calculation of the proper contribution rate for purposes of unemployment contributions commits a Class E crime. [PL 2003, c. 452, Pt. R, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. R, §10 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]
3. Rebuttable presumption. When an employee leasing company leases employees to only one client company and its affiliates, there is a rebuttable presumption that the client company entered into an employee leasing arrangement to avoid the calculation of the proper contribution rate for payment of unemployment contributions.
[PL 1991, c. 468, §4 (NEW).]
4. Costs. Any costs incurred by the superintendent in investigating violations of or enforcing this chapter must be paid by the person or entity found to have violated this chapter.
[PL 1991, c. 468, §4 (NEW).]
SECTION HISTORY
PL 1991, c. 468, §4 (NEW). PL 2003, c. 452, §R10 (AMD). PL 2003, c. 452, §X2 (AFF).