2017 -- S 0350 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - PAYMENT OF WAGES

     Introduced By: Senators Lombardi, P Fogarty, Jabour, Archambault, and Lombardo

     Date Introduced: February 16, 2017

     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) No employer shall make any deductions from an employee's wages except for those

deductions authorized or required by federal or state law, or expressly authorized in writing by

the employee. A deduction shall be authorized by the employee if agreed to in a collective

bargaining agreement between the representative of the employee and the employer or by a

written agreement between the employer and the employee that is express, written, voluntary, and

informed. An authorization is informed when the employee is provided with written notice of all

terms and conditions of the deduction and the details of the manner in which deductions shall be

made.

     (b) Notwithstanding the provisions of §28-14-24(a), an employer shall not deduct from

an employee's wage:

     (1) Any amount for spoilage or breakage;

     (2) Any amount for shortages or losses; or

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

notice.

     (c) 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;

     (b)(d) 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.

     (e) 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 making deductions from an employee's wages

except for those deductions authorized or required by law, or as expressly authorized in writing

by the employee. This act would authorize deductions to be authorized by a collective bargaining

agreement.

     This act would take effect upon passage.

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