2014 -- S 2726 AS AMENDED

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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 - WAGES

     Introduced By: Senators Nesselbush, Miller, Crowley, Jabour, and Pearson

     Date Introduced: March 05, 2014

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 28-12-2 of the General Laws in Chapter 28-12 entitled "Minimum

Wages" is hereby amended to read as follows:

     28-12-2. Definitions. -- As used in this chapter:

      (1) "Advisory board" means a board created as provided in section 28-12-6;

      (2) "Commissioner" means the minimum wage commissioner appointed by the director

of labor and training as chief of the division of labor standards;

      (3) "Director" means the director of labor and training or his or her duly authorized

representative;

      (4) "Employ" means to suffer or to permit to work;

      (5) "Employee" includes any individual employed suffered or permitted to work by an

employer;, but shall not include:

     (6) “Employee” shall not include:

      (i) Any individual employed in domestic service or in or about a private home;

      (ii) Any individual employed by the United States;

      (iii) Any individual engaged in the activities of an educational, charitable, religious, or

nonprofit organization where the employer-employee relationship does not, in fact, exist, or

where the services rendered to the organizations are on a voluntary basis;

      (iv) Newspaper deliverers on home delivery, shoe shiners in shoe shine establishments,

caddies on golf courses, pin persons in bowling alleys, ushers in theatres;

      (v) Traveling salespersons or outside salespersons;

      (vi) Service performed by an individual in the employ of his or her son, daughter, or

spouse and service performed by a child under the age of twenty-one (21) in the employ of his or

her father or mother;

      (vii) Any individual employed between May 1 and October 1 in a resort establishment

which regularly serves meals to the general public and which is open for business not more than

six (6) months a year;

      (viii) Any individual employed by an organized camp which does not operate for more

than seven (7) months in any calendar year. However, this exemption does not apply to

individuals employed by the camp on an annual, full-time basis. "Organized camp" means any

camp, except a trailer camp, having a structured program including, but not limited to, recreation,

education, and religious, or any combination of these.

      (6) "Employer" includes any individual, partnership, association, corporation, business

trust, or any person or group of persons acting directly or indirectly in the interest of an employer,

in relation to an employee;

      (7) "Occupation" means any occupation, service, trade, business, industry, or branch or

group of industries or employment or class of employment in which individuals are gainfully

employed;

      (8) "Wage" means compensation due to an employee by reason of his or her

employment.

     SECTION 2. Sections 28-14-1, 28-14-17 and 28-14-20 of the General Laws in Chapter

28-14 entitled "Payment of Wages" are hereby amended to read as follows:

     28-14-1. Definitions. -- Whenever used in this chapter:

      (1) "Director" means the director of the department of labor and training or his or her

duly authorized representative.

      (2) "Employee" means any person suffered or permitted to work by an employer, except

that independent contractors or subcontractors shall not be considered employees.

      (3) "Employer" means any individual, firm, partnership, association, joint stock

company, trust, corporation, receiver, or other like officer appointed by a court of this state, and

any agent or officer of any of the previously mentioned classes, employing any person in this

state.

      (4) "Wages" means all amounts at which the labor or service rendered is recompensed,

whether the amount is fixed or ascertained on a time, task, piece, commission basis, or other

method of calculating the amount.

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     28-14-17. Penalty for violations. – (a) Any employer who violates or fails to comply

with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction

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.

     (b) Any employer found guilty of violations of this chapter who does not pay wages and

fines within thirty (30) days of a final decision and after notification by the department of labor

and training, may have their business license revoked by the state of Rhode Island until they pay

such wages and fines in full or enter into a payment agreement with which they stay in

compliance. If it is found that the violating employer in this case is illegally unlicensed and/or

unregistered to conduct business in the state of Rhode Island, said employer shall be charged with

larceny for theft of wages and punished accordingly under § 11-41-5.

     28-14-20. Filing of claims with director Filing of claims. -- (a) All claims for wages

due must be filed with the director within three (3) years from time of services rendered by an

employee to his or her employer. All claims for wages may be filed with the director within three

(3) years from time of services rendered by an employee to his or her employer.

      (b) A claim may be filed by a person who is required to be paid wages for his or her

labor; or if a minor, by his or her parent or guardian; or by the lawful collective bargaining

representative of the person; or a representative authorized in writing by the employee. A person

who alleges a violation of any provision of this chapter may bring a civil action for appropriate

injunctive relief or actual damages or both within three (3) years after the occurrence of the

alleged violation of this chapter.

     (c) An action commenced pursuant to subsection (b) of this section may be brought in the

court for the county where the alleged violation occurred, the county where the complainant

resides, or the county where the person against whom the civil complaint is filed resides or has

his or her principal place of business.

     (d) As used in subsection (b) of this section, damages includes three (3) times the wages

owed to the employee for the first offense.

     (e) Attorney’s fees, including litigation expenses, may be granted to the plaintiff if he or

she prevails.

     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 - WAGES

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     This act would give employees several enhanced ways to help them collect their wages

from nonpaying employers, set forth penalties for nonpayment of wages by an employer, and

implements the procedure to be followed for filing of claims.

     This act would take effect upon passage.

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