§ 385. Administration
The Commissioner and the Commissioner’s authorized representatives have full power
and authority for all the following:
(1) To enforce and administer the provisions of this chapter, including the power to conduct
investigations and take any other action considered necessary or suitable for the
administration of this chapter. In the discharge of duties under this chapter, the
Commissioner may administer oaths, take depositions, certify to official acts, subpoena
witnesses, and compel production of any documents and records necessary and material
to the administration of this chapter.
(2) To enter and inspect any place of business or employment, question any employees,
and investigate any records, facts, conditions, or matters that are deemed appropriate
and that in any way appertain to or have a bearing upon the question of wages due
under the provisions of this chapter.
(3) To require from any employer full and correct statements in writing of the wages paid
to all employees employed by that employer necessary to investigate and enforce the
provisions of this chapter.
(4) To determine the amount of deductions for board, lodging, or other items or services
supplied by the employer or any other typical conditions or circumstances in a particular
employer-employee relationship; provided, however, that in no case shall the total
remuneration received by an employee, including wages, gratuities, board, lodging,
or other items or services supplied by the employer, be less than the minimum wage
established pursuant to section 384 of this subchapter. No deduction may be made for
the care, cleaning, or maintenance of required apparel. No deduction for required
apparel shall be made without the employee’s express written authorization and the
deduction shall not:
(A) reduce the total remuneration received by an employee below the minimum wage established
pursuant to section 384 of this subchapter;
(B) include any administrative fees or charges; or
(C) amend, nullify, or violate the terms and conditions of any collective bargaining agreement. (Amended 2001, No. 47, § 2; 2005, No. 212 (Adj. Sess.), § 10, eff. May 29, 2006; 2007, No. 182 (Adj. Sess.), § 10, eff. June 2, 2008; 2023, No. 85 (Adj. Sess.), § 86, eff. July 1, 2024; 2025, No. 40, § 7, eff. July 1, 2025.)