2023 -- S 0663 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES

     Introduced By: Senators Acosta, Kallman, Mack, Euer, Murray, and LaMountain

     Date Introduced: March 07, 2023

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 28-14-2.1, 28-14-12, 28-14-20, and 28-14-23 of the General Laws

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

     28-14-2.1. Statement of earnings.

     (a) On every regular payday, every employer shall furnish to any employee the following:

     (1) A statement of the hours worked by that employee during the applicable pay period;

provided, that the statement need not be furnished to an employee described in § 28-12-4.3;

     (2) A record of gross wages earned, with an explanation of applicable hourly rates, all

deductions made from that employee’s gross earnings during the pay period together with an

explanation of the basis or reason for the deductions and net earnings; and

     (3) For employers engaged only in the commercial construction industry, a record of the

employee’s hourly regular rate of pay. As used in this subsection, “commercial construction

industry” includes a business that engages in the doing of work or the furnishing of materials, or

both, in the building, erection, alteration, or preparation of an improvement on commercial real

property.;

     (4) For employees paid on a piece-rate basis, the number of piece-rate units earned and the

applicable piece rate; and

     (5) The statement shall include the name and address of the employer, the employee’s full

name, and the last four digits of the employee’s social security number or employee identification

number

     (b) All statements and records required to be furnished to an employee by this section may

be furnished as an electronic record. The employer shall furnish to an employee a printed or

handwritten record, in lieu of an electronic record, at no cost to the employee, when a written

authorization from such employee is provided to the employer.

     28-14-12. Employment records.

     (a) Every employer shall keep a true and accurate record of each employee’s names,

address, title, hours worked and wages paid each pay period to each employee per pay period

including rate of pay and overtime wages and statements provided in accordance with § 28-14-2.1

in any form that may be prescribed by the director. The employer shall keep the records on file for

at least three (3) years after the entry of the record.

     (b) Every employer shall provide each employee upon commencement of employment, a

written notice of employment terms, in English or in the language identified by each employee as

their primary language, which contains the following information:

     (1) The rate or rates of pay and basis thereof, including whether the employee is to be paid

by the hour, shift, day, week, salary, piece, commission, or other method, and the specific

application of any additional rates;

     (2) Allowances, if any, claimed, pursuant to permitted meals and lodging;

     (3) Employer's policy on sick, vacation, personal leave, holidays and hours;

     (4) The employee's employment status and whether the employee is exempt from minimum

wage and/or overtime;

     (5) A list of deductions that may be made from the employee's pay;

     (6) The number of days in a regular pay period, the regularly scheduled payday, and the

payday on which the employee will receive the first payment of wages earned;

     (7) The legal name of the employer and the operating name of the employer, if different

from its legal name;

     (8) The physical address of the employer's main office or principal place of business, and

its mailing address if different;

     (9) The telephone number of the employer; and

     (10) Shall be executed by the employee acknowledging the date of receipt.

     (c) The employee has a right to inspect and copy, if upon request, their employment records

referred to in subsections (a) and (b) of this section.

     (d) The employer shall keep the records referred to in subsections (a) and (b) of this section

on file for at least six (6) years after the entry of the record.

     28-14-20. Filing of claims.

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     (a) All claims for wages may be filed with the director within three (3) years from the time

of services rendered by an employee to his or her employer.

     (b) An aggrieved 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) 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 employer against whom the civil complaint is filed resides or has his, her or its

principal place of business.

     (d) As used in subsection (b), include two (2) times the wages owed to the employee for

the first offense and for violations of § 28-14-12 actual damages shall mean one hundred dollars

($100.00) for each separate offense not to exceed two thousand five hundred dollars ($2,500.00).

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

     28-14-23. Assignment of wage claims to director — Prosecution of actions.

     The director shall have the power and authority to:

     (1) Take assignments of wage claims and rights of action for penalties as provided by §§§

28-14-12, 28-14-17 and 28-14-19 without being bound by any of the technical rules with reference

to the validity of the assignments;

     (2) Prosecute actions for the collection of the claims of persons who, in the judgment of

the director, have claims which are valid and enforceable in the courts; and

     (3) Join various claimants in one preferred claim or lien, and in case of suit to join them in

one cause of action.

     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 require the employer, at the time of hiring, to furnish to their employees an

itemized list of the terms and conditions of the employee's employment in English or the employee's

primary language. It would mandate that the employer provide every employee, each payday, a pay

stub, explaining exactly how their wages were calculated and the reason for each deduction from

their gross wages. That act would impose actual damages equal to two (2) times the wages owed

for the first offense and one hundred dollars ($100.00) for each separate offense not to exceed two

thousand five hundred dollars ($2,500.00)

     This act would take effect upon passage.

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