2014 -- S 2289

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LC004101

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - PAYMENT OF WAGES

     Introduced By: Senators Lombardi, Jabour, Miller, Lynch, and Archambault

     Date Introduced: February 04, 2014

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-14-17 of the General Laws in Chapter 28-14 entitled "Payment

of Wages" is hereby amended to read as follows:

     28-14-17. Penalty for violations. -- Any employer who violates or fails to comply with

any of the provisions of this chapter, upon a conviction by a court of competent jurisdiction or

upon a plea of guilty or nolo contendere, shall be guilty of a misdemeanor. and All alleged

violations of this section shall be referred to and be prosecuted by the office of the attorney

general. upon Upon conviction of the misdemeanor, the employer shall be punished by a fine of

not less than four hundred dollars ($400) for each separate offense, or by imprisonment for not

less than ten (10) nor more than ninety (90) days, or by both fine and imprisonment. Each day of

failure to pay wages due an employee at the time specified in this chapter shall constitute a

separate and distinct violation.

     SECTION 2. Section 37-13-14.1 of the General Laws in Chapter 37-13 entitled "Labor

and Payment of Debts by Contractors" is hereby amended to read as follows:

     37-13-14.1. Enforcement -- Hearings. -- (a) Before issuing an order or determination,

the director of labor and training shall order a hearing thereon at a time and place to be specified,

and shall give notice thereof, together with a copy of the complaint or the purpose thereof, or a

statement of the facts disclosed upon investigation, which notice shall be served personally or by

mail on any person, firm, or corporation affected thereby. The person, firm, or corporation shall

have an opportunity to be heard in respect to the matters complained of at the time and place

specified in the notice, which time shall be not less than five (5) days from the service of the

notice personally or by mail. The hearing shall be held within ten (10) days from the order of

hearing. The hearing shall be conducted by the director of labor and training or his or her

designee. The hearing officer in the hearing shall be deemed to be acting in a judicial capacity,

and shall have the right to issue subpoenas, administer oaths, and examine witnesses. The

enforcement of a subpoena issued under this section shall be regulated by Rhode Island civil

practice law and rules. The hearing shall be expeditiously conducted and upon such hearing the

hearing officer shall determine the issues raised thereon and shall make a determination and enter

an order within ten (10) days of the close of the hearing, and forthwith serve a copy of the order,

with a notice of the filing thereof, upon the parties to the proceeding, personally or by mail. The

order shall dismiss the charges or direct payment of wages or supplements found to be due,

including interest at the rate of twelve percentum (12%) per annum from the date of the

underpayment to the date of payment, and may direct payment of reasonable attorney's fees and

costs to the complaining party.

      (b) In addition to directing payment of wages or supplements including interest found to

be due, the order shall also require payment of a further sum as a civil penalty in an amount up to

three times the total amount found to be due. Further, if the amount of salary owed to an

employee pursuant to this chapter but not paid to the employee in violation of thereof exceeds

five thousand dollars ($5,000), it shall constitute a misdemeanor and shall be referred to the office

of the attorney general. The misdemeanor shall be punishable for a period of not more than one

year in prison and/or fined not more than one thousand dollars ($1,000). In assessing the amount

of the penalty, due consideration shall be given to the size of the employer's business, the good

faith of the employer, the gravity of the violation, the history of previous violations and the

failure to comply with recordkeeping or other nonwage requirements. The surety of the person,

firm, or corporation found to be in violation of the provisions of this chapter shall be bound to

pay any penalties assessed on such person, firm, or corporation. The penalty shall be paid to the

department of labor and training for deposit in the state treasury; provided, however, it is hereby

provided that the general treasurer shall establish a dedicated "prevailing wages enforcement

fund" for the purpose of depositing the penalties paid as provided herein. There is hereby

appropriated to the annual budget of the department of labor and training the amount of the fund

collected annually under this section, to be used at the direction of the director of labor and

training for the sole purpose of enforcing prevailing wage rates as provided in this chapter.

      (c) For the purposes of this chapter, each day or part thereof of violation of any provision

of this chapter by a person, firm, or corporation, whether the violation is continuous or

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intermittent, shall constitute a separate and succeeding violation.

      (d) In addition to the above, any person, firm, or corporation found in violation of any of

the provisions of this chapter by the director of labor and training, an awarding authority, or the

hearing officer, shall be ineligible to bid on or be awarded work by an awarding authority or

perform any such work for a period of no less than eighteen (18) months and no more than thirty-

six (36) months from the date of the order entered by the hearing officer. Once a person, firm, or

corporation is found to be in violation of this chapter, all pending bids with any awarding

authority shall be revoked, and any bid awarded by an awarding authority prior to the

commencement of the work shall also be revoked.

      (e) In addition to the above, any person, firm, or corporation found to have committed

two (2) or more willful violations in any period of eighteen (18) months of any of the provisions

of this chapter by the hearing officer, which violations are not arising from the same incident,

shall be ineligible to bid on or be awarded work by an awarding authority or perform any work

for a period of sixty (60) months from the date of the second violation.

      (f) The order of the hearing officer shall remain in full force and effect unless stayed by

order of the superior court.

      (g) The director of labor and training, awarding authority, or hearing officer shall notify

the bonding company of any person, firm, or corporation suspected of violating any section of

this chapter. The notice shall be mailed certified mail, and shall enumerate the alleged violations

being investigated.

      (h) In addition to the above, any person, firm, or corporation found to have willfully

made a false or fraudulent representation on certified payroll records shall be referred to the

office of the attorney general. The false or fraudulent representation A first violation of this

section shall be considered a misdemeanor, and shall be punishable for a period of not more than

one year in prison and/or fined one thousand dollars ($1,000). A second or subsequent violation

of this section shall be considered a felony and shall be punishable for a period of not more than

three (3) years imprisonment, or a fine of three thousand dollars ($3,000), or both. Further, any

person, firm, or corporation found to have willfully made a false or fraudulent representation on

certified payroll records shall be required to pay a civil penalty to the department of labor and

training in an amount of no less than two thousand dollars ($2,000) and not greater than fifteen

thousand dollars ($15,000) per representation.

     SECTION 3. This act shall take effect upon passage.

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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 amend certain provisions of the general laws relative to the payment of

wages by employers, and would provide for penalties for failure to comply therewith.

     This act would take effect upon passage.

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LC004101

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