2016 -- S 2475

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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 -- MINIMUM WAGES

     

     Introduced By: Senators Nesselbush, P Fogarty, Ruggerio, Lombardo, and Lombardi

     Date Introduced: February 11, 2016

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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

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Wages" is hereby amended to read as follows:

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

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

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

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

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

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representative;

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

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

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employer;, but shall not include:

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     (6) "Employee" shall not include:

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

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      (ii) Any individual employed by the United States;

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

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

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

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

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

 

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      (v) Traveling salespersons or outside salespersons;

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

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

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her father or mother;

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

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

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six (6) months a year;

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

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

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

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

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education, and religious, or any combination of these.

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

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

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employer, in relation to an employee;

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

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

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employed;

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

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employment.

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     SECTION 2. Section 28-14-17 and 28-14-20 of the General Laws in Chapter 28-14

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

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

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

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the misdemeanor the employer shall be punished by a fine of not less than four hundred dollars

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($400) for each separate offense, or by imprisonment of up to one year, or by both fine and

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imprisonment. Each day of failure to pay wages due an employee at the time specified in this

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chapter shall constitute a separate and distinct violation.

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

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

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

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

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compliance.

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

 

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

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

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(3) years from time of services rendered by an employee to their employer.

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

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

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

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aggrieved person who alleges a violation of any provision of this chapter may bring a civil action

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for appropriate injunctive relief or actual damages or both within three (3) years after the

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occurrence of the alleged violation of this chapter.

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

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

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

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their principal place of business.

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     (d) As used in subsection (b) of this section, damages include two (2) times the wages

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owed to the employee for the first offense.

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     (e) Attorney's fees, including litigation expenses, may be granted to a prevailing plaintiff.

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     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 -- MINIMUM WAGES

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     This act would grant employees several additional avenues to help them collect their

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

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and implements a new procedure for filing of claims.

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     This act would take effect upon passage.

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