§210.820. Enforcement Procedures

a)         The Director will seek voluntary compliance by the employer.  The payment of back wages due the employees and/or former employees (plus any penalties and punitive damages assessed pursuant to Section 12 (a) of the Act and Subpart J of these Rules and Regulations) will be evidence of substantial compliance with the provisions of the Act. Payment shall be supervised, when possible, by the Director.

 

b)         The Director may require proof that the employees, and/or former employees, received all the back wages due them (plus any assessed punitive damages), and the Director may require the employer to send certified checks, cashier's checks or money orders, made payable to the individual employees or the Department of Labor, to the Department for disbursement.

 

c)         If the employer does not voluntarily comply within a reasonable amount of time, the Director may bring either a civil or criminal action against the employer as provided for in Sections 11 and 12 of the Act, and may conduct an administrative hearing for a final determination of penalties and punitive damages pursuant to Section 12 of the Act and Subpart J of these Rules and Regulations.