2013 -- S 0980

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LC02732

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS - PAYMENT OF WAGES

     Introduced By: Senators Picard, Miller, Lynch, Pearson, and Lombardo

     Date Introduced: June 05, 2013

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-14-2.2 of the General Laws in Chapter 28-14 entitled "Payment

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of Wages" is hereby amended to read as follows:

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     28-14-2.2. Frequency of payment. -- (a) Except as provided in sections 28-14-4 and ,

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28-14-5 and subsections (b) and (c) of this section, every employee other than employees of the

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state and its political subdivisions and of religious, literary, or charitable corporations shall be

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paid weekly all due wages from his or her employer, except those employees whose

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compensation is fixed at a biweekly, semi-monthly, monthly, or yearly rate.

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      (b) The director may, upon written petition showing good and sufficient reason, permit

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employers in the state of Rhode Island whose average payroll exceeds two hundred percent

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(200%) of the state minimum wage as defined in section 28-12-3 to pay wages less frequently

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than weekly provided: the employer and its affiliates to pay wages less frequently than weekly

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provided: (1) The employer and its affiliates have more than two thousand five hundred (2500)

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employees located in Rhode Island; (2) The employer's average payroll exceeds one hundred

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thirty-five percent (135%) of the average compensation of all employees in the state as defined in

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subsection 42-64.11-2(c); (3)

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     (1) The employer makes payment of wages regularly on a predesignated date no less than

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twice per month; and

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     (2)(4) The employer provides proof of a surety bond or other sufficient demonstration of

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security in the amount of the highest biweekly payroll exposure in the preceding year for the

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employees subject to the petition.; and

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     (3) If the involved employees are subject to collective bargaining, the employer provides

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the written consent of the collective bargaining representative for all involved employees.

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     (c) The director may, upon written petition showing good and sufficient reason, permit

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employers in the state of Rhode Island whose average payroll is less than two hundred percent

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(200%) of the state minimum wage as defined in section 28-12-3 to pay wages and salaries of

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their employees less frequently than weekly provided:

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     (1) The employer has supplied the department with the following information:

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     (i) The method through which wages shall be paid;

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     (ii) The requested frequency of payment;

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     (iii) The employer’s designated payday(s);

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     (iv) The classification of the employees involved;

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     (v) The salary range of the employees involved; and

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     (vi) The employer’s federal identification number;

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     (2) The employer makes payment of wages regularly on a predesignated date no less than

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twice per month;

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     (3) The employer has no history of wage and hour violations;

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     (4) The employer provides proof of a surety bond or other sufficient demonstration of

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security in the amount of the highest biweekly payroll exposure in the preceding year for the

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employees subject to the petition; and

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     (5) If the involved employees are subject to collective bargaining, the employer provides

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the written consent of the collective bargaining representative for all involved employees.

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     (d) If the director approves a written petition under subsection (b) or (c), the permission is

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valid for an indefinite period of time, provided that:

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     (1) Payroll is regularly satisfied on the designated payday;

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     (2) The information provided by the employer to substantiate its request does not change;

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and

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     (3) The employer remains in compliance with all other state labor laws.

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     SECTION 2. This act shall take effect on January 1, 2014.

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LC02732

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - PAYMENT OF WAGES

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     This act would allow employers whose average payroll exceeds two hundred percent

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(200%) of the state minimum wage to pay wages less frequently than weekly. This act would also

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provide a procedure for employers with less than two hundred percent (200%) of the state

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minimum wage to petition the director of labor and training for permission to pay wages less

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frequently than weekly.

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     This act would take effect on January 1, 2014.

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LC02732

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