Chapter 349
2013 -- S 0980
Enacted 07/15/13
A N A C T
RELATING TO
LABOR AND LABOR RELATIONS - PAYMENT OF WAGES
Introduced By: Senators Picard, Miller, Lynch, Pearson, and Lombardo
Date Introduced: June 05, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Section 28-14-2.2 of the General Laws in Chapter
28-14 entitled "Payment
of Wages" is hereby amended to read as follows:
28-14-2.2.
Frequency of payment. -- (a) Except as provided in
sections 28-14-4 and ,
28-14-5 and subsections (b) and (c) of this section,
every employee other than employees of the
state and its political subdivisions and of religious,
literary, or charitable corporations shall be
paid weekly all due wages from his or her employer, except
those employees whose
compensation is fixed at a biweekly, semi-monthly, monthly, or
yearly rate.
(b) The director may,
upon written petition showing good and sufficient reason, permit
employers in the state of Rhode Island whose average payroll
exceeds two hundred percent
(200%) of the state minimum wage as defined in section
28-12-3 to pay wages less frequently
than weekly provided: the employer and its affiliates to pay wages less frequently than
weekly
provided: (1) The employer and its affiliates have more than
two thousand five hundred (2500)
employees located in
thirty-five percent (135%) of the average compensation of all
employees in the state as defined in
subsection 42-64.11-2(c); (3)
(1) The employer
makes payment of wages regularly on a predesignated
date no less than
twice per month; and
(2)(4) The
employer provides proof of a surety bond or other sufficient demonstration of
security in the amount of the highest biweekly payroll
exposure in the preceding year for the
employees subject to the petition.; and
(3) If the involved
employees are subject to collective bargaining, the employer provides
the written consent of the collective bargaining
representative for all involved employees.
(c) The director may,
upon written petition showing good and sufficient reason, permit
employers in the state of Rhode Island whose average payroll is
less than two hundred percent
(200%) of the state minimum wage as defined in section
28-12-3 to pay wages and salaries of
their employees less frequently than weekly provided:
(1) The employer has
supplied the department with the following information:
(i)
The method through which wages shall be paid;
(ii) The requested
frequency of payment;
(iii) The employer’s
designated payday(s);
(iv)
The classification of the employees involved;
(v) The salary range
of the employees involved; and
(vi)
The employer’s federal identification number;
(2) The employer
makes payment of wages regularly on a predesignated
date no less than
twice per month;
(3) The employer has
no history of wage and hour violations;
(4) The employer
provides proof of a surety bond or other sufficient demonstration of
security in the amount of the highest biweekly payroll
exposure in the preceding year for the
employees subject to the petition; and
(5) If the involved
employees are subject to collective bargaining, the employer provides
the written consent of the collective bargaining
representative for all involved employees.
(d) If the director
approves a written petition under subsection (b) or (c), the permission is
valid for an indefinite period of time, provided that:
(1) Payroll is
regularly satisfied on the designated payday;
(2) The information
provided by the employer to substantiate its request does not change;
and
(3) The employer
remains in compliance with all other state labor laws.
SECTION 2. This act shall take effect on January 1, 2014.
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LC02732
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