Page:United States Statutes at Large Volume 70.djvu/1033

 70

STAT.]

PUBLIC LAW

953-AUG.

3, 1956

the date of discharge or resignation for the determination of the accuracy of the employee's accounts, at the end of which time all wages earned by the employee shall be paid. (b) Whenever an employee (not having a written contract of employment for a period in excess of thirty days) quits or resigns, the employer shall pay the employee's wages due upon the next regular payday or within seven days from the date of quitting or resigning, whichever is earlier. (c) When work of an employee is suspended as a result of a labor dispute, the employer shall pay to such employee not later than the next regular payday, designated under section 2 of this Act, wages earned at the time of suspension. (d) If an employer fails to pay an employee wages earned as required under subsections (a), (b), and (c) of this section,,such employer shall pay, or be additionally liable to, the employee, as liquidated damages, 10 per centum of the unpaid wages for each working day during which such failure shall continue after the day upon which payment is hereunder required; or an amount equal to the unpaid wages, whichever is smaller: Provided, however, That for the purpose of such liquidated damages such failure shall not be deemed to continue after the date of the filing of a petition in bankruptcy with respect to the employer if he thereafter shall have been adjudicated bankrupt upon such petition. UNCONDITIONAL P A Y M E N T OF WAGES CONCEDED TO BE DUE

SEC. 4. I n case of a bona fide dispute concerning the amount of wages due, the employer shall give written notice to the employee of the amount of wages which he concedes to be due, and shall pay such amount, without condition, within the time required by sections 2 and 4 of this Act: Provided, however, That acceptance by the employee of any payment made hereunder shall not constitute a release as to the balance of his claim. Payment in accordance with this section shall constitute payment for the purposes of complying with sections 2 and 4 of this Act, only if there exists a bona fide dispute concerning the amount of wages due. PROVISIONS OF LAW MAY NOT BE WAIVED BY AGREEMENT

SEC. 5. Except as herein provided, no provision of this Act shall in any way be contravened or set aside by private agreement. ENFORCEMENT, RECORDS, AND SUBPENAS

SEC. 6. (a) The Commissioners shall enforce and administer the provisions of this Act and may hold hearings and otherwise investigate any violations of this Act and institute actions for penalties provided hereunder. Any and all prosecutions of violations of this Act shall be conducted in the name of the District of Columbia and by the Corporation Counsel or his assistants. (b) The Commissioners shall have power to administer oaths and examine witnesses under oath, issue subpenas, compel the attendance of witnesses, and the production of papers, books, accounts, records, payrolls, documents, and testimony and to take depositions and affidavits in any proceedings before them. (c) I n case of failure of any person to comply with any subpena lawfully issued, or on the refusal of any witness to testify to any

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