(1) Where a contractor fails to pay the employee's wages, the employee may apply to the Labour Commissioner and if the Labour Commissioner is satisfied that the employee has not been paid, the Labour Commissioner shall, having regard to the security and protection of persons and the property of persons for whom that contractor works, make arrangements for the payment of the wages due to such employee out of any monies at anytime payable by the person or persons for whom the contractor works or has worked and the amount of the wages so paid shall be deemed payment to the employee.
(2) Any contractor or any person for whom a contractor works or has worked, who fails to make any payment of wages as required by arrangement of the Labour Commissioner acting under the provisions of subsection (1), commits an offence and is liable on conviction, to a fine not exceeding $10,000.