Chapter 597

2004 -- H 7308 SUBSTITUTE B

Enacted 07/30/04

 

A N A C T

RELATING TO LABOR AND PAYMENT OF DEBTS BY CONTRACTORS

     

     

     Introduced By: Representatives Moura, and Montanaro

     Date Introduced: January 21, 2004

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Chapter 37-13 of the General Laws entitled "Labor and Payment of Debts

by Contractors" is hereby amended by adding thereto the following section:

     37-13-17. Private right of action to collect wages or benefits. – (a) An employee or

former employee, or any organization representing such an employee or former employee, of a

contractor or subcontractor may bring a civil action for a violation of section 37-13-7 for

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

of the alleged violation. An action commenced pursuant to this section, may be brought in the

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

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

resides or has their principal place of business. Any contractor or subcontractor who violates the

provisions of section 37-13-7 shall be liable to the affected employee or employees in the amount

of unpaid wages or benefits, plus interest. A civil action filed in court under this section may be

instituted instead of, but not in addition to the director of labor and training enforcement

procedures authorized by section 37-13-14.1, provided the civil action is filed prior to the date the

director of labor and training issues notice of an administrative hearing.

     (b) An employer's responsibility and liability is solely for its own employees.

     (c) An action instituted pursuant to this section may be brought by one or more

employees or former employees on behalf of himself/herself or themselves and other employees

similarly situated, except that no employee shall be a party plaintiff to any such action unless

he/she gives his/her consent in writing to become such a party and such consent is filed in the

court in which such action is brought.

     (d) In an action filed under this section in which the plaintiff prevails, the court shall, in

addition to any judgment awarded to the plaintiff, require reasonable attorneys' fees and the costs

of the action to be paid by the defendant.

     (e) The court in an action filed under this section shall award affected employees or

former employees liquidated damages in an amount equal to two (2) times the amount of unpaid

wages or benefits owed. Unpaid fringe benefit contributions owed pursuant to this section in any

form shall be paid to the appropriate benefit fund, however, in the absence of an appropriate fund

the benefit shall be paid directly to the individual.

     (f) The filing of a civil action under this section shall not preclude the director of labor

and training from referring a matter to the attorney general as provided in subsection 37-13-

14.1(b), from prohibiting a contractor or subcontractor from bidding on or otherwise participating

in contracts as provided in subsections 37-13-14.1(d), (e) and (h), or from prohibiting termination

of work on failure to pay agreed wages pursuant to section 37-13-16.

     (g) Any person, firm, or corporation found to have willfully made a false or fraudulent

representation in connection with wage obligations owed on a contract shall be required to pay a

civil penalty to the department of labor and training in an amount of no less than one thousand

dollars ($1,000) and not greater than three thousand dollars ($3,000) per representation. Such

penalties shall be recoverable in civil actions filed pursuant to this section. For purposes of this

subsection "willfully" shall mean representations that are known to be false, or representations

made with deliberate ignorance or reckless disregard for their truth or falsity.

     (h) An employer shall not discharge, threaten or otherwise discriminate against an

employee or former employee regarding compensation terms, conditions, locations or privileges

of employment because the employee or former employee, or a person or organization acting on

their behalf: (1) reports or makes a complaint under this section; or otherwise assets his or her

rights under this section; and/or (2) participates in any investigation, hearing or inquiry held by

the director of labor and training under section 37-13-14.1. In the event a contractor or

subcontractor retaliates or discriminates against an employee in violation of this section, the

affected employee may file an action in any court of competent jurisdiction and the court shall

order reinstatement and/or restitution of the affected employee, as appropriate, with back pay to

the date of the violation, and an additional amount in liquidated damages equal to two (2) times

the amount of back pay and reasonable attorneys' fees and costs.

     (i) If any one or more subsections of this section shall for any reason be adjudged

unconstitutional or otherwise invalid, the judgment shall not affect, impair, or invalidate the

remaining subsections.

     SECTION 2. This act shall take effect upon passage.

     

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LC00629/SUB B

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