2016 -- S 2379

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LC004552

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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 Lombardi, McCaffrey, Ruggerio, Felag, and Lynch Prata

     Date Introduced: February 10, 2016

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-14-24 of the General Laws in Chapter 28-14 entitled "Payment

of Wages" is hereby amended to read as follows:

     28-14-24. Set-off of money owed by employee to employer. -- (a) Wages shall not be

subject to any deductions, except for allowances authorized by title 28, or otherwise authorized or

required by law. Prohibited deductions include, but are not limited to:

     (1) Deductions for spoilage or breakage;

     (2) Deductions for cash shortages or losses; and

     (3) Fines or penalties for tardiness, misconduct, or quitting by an employee without

notice.

     (b) In any action for unpaid wages brought under the provisions of this chapter, the

employer-debtor shall not deduct as a set-off or counterclaim:

      (1) Any money allegedly due the employer as compensation for damages caused to the

employer's property by the negligence of the employee;

      (2) Any money allegedly due the employer as rent; or

      (3) Any money allegedly owed to the employer by the employee;

      (c) Provided, that any employer granting his employee a loan or advance against future

earnings or wages may deduct the loan as a set-off or counterclaim if evidenced by a statement in

writing signed by the employee. Nothing in this section shall be construed to limit or restrict in

any way any rights which the employer now has to recover, by a separate legal action, any money

owed the employer by the employee.

     (d) Any employee or former employee aggrieved by a violation of this section shall be

entitled to the same rights and protections as provided for in §28-14-19.

     SECTION 2. 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 prohibit employers from deducting from their employees' wages for

spoilage, breakage, cash shortages, losses, fines or penalties for tardiness, misconduct or quitting

by an employee without notice.

     This act would take effect upon passage.

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