2016 -- S 2235 AS AMENDED

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES

     Introduced By: Senators Ruggerio, McCaffrey, Goodwin, Coyne, and Archambault

     Date Introduced: January 27, 2016

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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

Wages" is 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) "Lien for unpaid wages" means a lien for the amount of wages owed to an employee

and penalties authorized under this title or other provisions of law against real or personal

property owned by an employer; provided, that for purposes of this definition only, the term

"employer" shall not include any agent or officer of any of the "previously mentioned classes"

referred to in subsection (3) of this section, other than a chief executive officer or equivalent

individual.

     (4) (5) "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.

     SECTION 2. Chapter 28-14 of the General Laws entitled "Payment of Wages" is hereby

amended by adding thereto the following sections:

     28-14-32. Lien for unpaid wages. -- When an employer fails or refuses to make wage

payments as prescribed by law or agreement between the parties, the employee who has

performed the service may establish a lien for unpaid wages.

     28-14-33. Prerequisites for a lien for unpaid wages. -- To establish a lien for unpaid

wages under §28-14-35 of this chapter, an employee shall first provide to the employer personally

or by prepaid registered or certified mail, in either case return receipt requested, a written wage

lien notice that:

     (1) States the amount due to the employee for the service; and

     (2) Contains a general description of the property to be charged with the lien for unpaid

wages sufficient for identification.

     28-14-34. Challenging a lien for unpaid wages. -- (a) An employer may dispute a lien

for unpaid wages by filing in the superior court for the county in which the employee's services

were rendered, within thirty (30) days after receipt of such notice as described in §28-14-33, a

complaint that contains:

     (1) The name of the employer that owes the employee the wages and the name of the

employee to whom the wages are owed;

     (2) A copy of the notice that was provided to the employer pursuant to §28-14-33;

     (3) A statement of any defense to the lien for unpaid wages; and

     (4) An affidavit containing a statement of facts in support of defenses raised.

     (b) The employer or employee may request an evidentiary hearing.

     (c) If the court issues an order establishing a lien for unpaid wages, the employee shall be

entitled to court costs and reasonable attorney's fees.

     (d) If the court determines the effort to establish a lien for unpaid wages to have been

frivolous, made in bad faith, or with the purpose of harassing the employer, the court may, in its

the employer shall be entitled to court costs and reasonable attorney's fees.

     28-14-35. Establishing a lien for unpaid wages. -- (a) If no complaint is filed disputing

a lien for unpaid wages, such lien is established thirty (30) days after service of notice as

described in §28-14-33.

     (b) If an employer files a complaint, the court shall establish a temporary lien on the

identified property and determine, within thirty (30) days of the filing of the complaint, whether

to issue an order establishing a lien for unpaid wages as described in §28-14-35 based upon the

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preponderance of the evidence.

     28-14-36. Recordation of lien for unpaid wages. -- (a) If the employer fails to file a

timely complaint disputing the notice of a wage lien, or if the superior court orders the

establishment of a lien for unpaid wages, the employee may record the lien for unpaid wages by

filing wage lien notice, described in §28-14-33, in the land evidence records in the city or town in

which the services were rendered within one-hundred eighty (180) days after the lien for unpaid

wages is established.

     (b) A lien for unpaid wages filed under this section shall be considered a secured claim

that has priority for the date of delivery of the wage lien notice.

     28-14-37. Satisfaction of a lien for unpaid wages. -- If payment is made for the amount

of wages and penalties claimed in the wage lien notice or order of the superior court establishing

the lien for unpaid wages, the recorded lien shall be released.

     28-14-38. Enforcement of a lien for unpaid wages. -- (a) A lien for unpaid wages shall

be enforced in the same manner as any other judgment under state law.

     (b) An action to enforce a lien for unpaid wages shall be brought within ten (10) years of

the date of filing of the lien notice.

     28-14-39. Contract provisions in contravention of this section void. -- Any provision

of an employment contract that violates this section is void as against public policy of the state.

     28-14-40. Director initiated for unpaid wages. -- In addition to the foregoing

provisions, the director may seek to establish a lien for unpaid wages on behalf of an employee.

     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

***

     This act would establish a procedure for employees to secure liens against employers for

unpaid wages. Contested claims would be decided by the superior court. Contracts of

employment in contravention of this chapter would be void as against public policy.

     This act would take effect upon passage.

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