law17302-13

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art.013/2/021/1

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ARTICLE 13

RELATING TO DEPARTMENT OF LABOR AND TRAINING FEES AND FINES

SECTION 1. Section 5-6-24 of the General Laws in Chapter 5-6 entitled "Electricians" is

hereby amended to read as follows:

5-6-24. Apprentices – Registration Fee.

(a) This chapter does not forbid the employment of one properly limited-registered

apprentice electrician working with and under the direct personal supervision of a licensed

journeyperson electrician. Additionally, this chapter does not forbid the employment of: (1) Oone

properly registered apprentice oil burnerperson working with and under the direct personal

supervision of a licensed oil burnerperson; (2) Oone properly registered apprentice fire alarm

installer working with and under the direct personal supervision of a licensed fire alarm installer;

or (3) Ttwo (2) properly registered apprentice electrical sign installers working with and under the

direct personal supervision of a licensed electrical sign installer; (4) Oone properly registered

apprentice maintenance electrician working with and under the direct personal supervision of a

valid Class C or Class D license holder; or (5) Oone properly registered apprentice lightning

protection installer working with and under the direct personal supervision of a licensed lightning

protection installer (LPI). Apprentices are required to register with the division of professional

regulation initially upon payment of a fee of twenty dollars ($20.00) per year. Apprentices are

required to register with the division of professional regulation immediately upon employment with

a properly licensed electrical contractor or lightning protection contractor.

(b) Indentured apprentice electricians are required to work a minimum of eight thousand

(8,000) hours over a period of time of not less than four (4) years and successfully complete one

hundred forty-four (144) hours of related instruction per year in an indentured apprenticeship

program approved by the Rhode Island department of labor and training, to qualify for the

journeyperson "B" electrician examination; provided, however, apprentices may receive credit for

one hundred forty-four (144) hours of classroom training gained in a vocational school authorized

by the board of regents for elementary and secondary education and approved by the Rhode Island

department of labor and training apprenticeship council. Provided, that the test applicant has

possessed, for at least four (4) years prior to the filing of the application, a certificate of registration

in full force and effect from the department of labor and training of Rhode Island specifying the

person as an indentured apprentice, and the application of an applicant is accompanied by an

affidavit or affidavits of his or her employer or former employers or other reasonably satisfactory

evidence showing that the applicant has been actually engaged in electrical work as an apprentice

in Rhode Island during those four (4) years,; or the application is accompanied by an affidavit or

other reasonably satisfactory evidence showing that the applicant has successfully completed a

course of study in a recognized college or university and has pursued a course of electrical

technology for at least two (2) academic years or is the recipient of an associate degree in electrical

technology, and has thereafter been indentured by the department of labor and training as an

apprentice for at least two (2) years and employed as an indentured apprentice by a duly licensed

electrician master in this state for a period of two (2) years,; or a showing that the applicant

possesses a certificate of license issued under the laws of another state. Limited-registered

apprentice electricians shall be required to work a minimum of four thousand (4,000) hours over a

period of time of not less than two (2) years.

thousand (6,000) hours over a period of time of not less than three (3) years and successfully

complete a one hundred forty-four (144) hours of related instruction per year in an indentured

apprenticeship program approved by the Rhode Island department of labor and training, to qualify

for the journeyperson "M" electrician examination. Provided, however, that the test applicant has

possessed for at least three (3) years prior to the filing of the application a certificate of registration

in full force and effect from the department of labor and training of Rhode Island specifying the

person as an indentured apprentice, and the application of an applicant is accompanied by an

affidavit or affidavits of his or her employer or former employers or other reasonably satisfactory

evidence showing that the applicant has been actually engaged in electrical work as an apprentice

in Rhode Island during those three (3) years. Class M journeyperson electricians may qualify to

take the journeyperson "B" electrician examination upon registering as a fourth year apprentice and

becoming employed by a properly licensed Class A electrical contractor for that period of time.

(d) Apprentice lightning-protection installers are required to work a minimum of four

thousand (4,000) hours over a period of time of not less than two (2) years to qualify for the

lightning-protection installer (LPI) examination. Provided, that the test applicant has possessed for

at least two (2) years prior to the filing of the application a certificate of registration in full force

and effect from the department of labor and training of Rhode Island specifying the person as an

apprentice lightning-protection installer, and the application of an applicant is accompanied by an

affidavit or affidavits of his or her employer or former employers or other reasonably satisfactory

evidence showing that the applicant has been actually engaged in lightning-protection work as an

apprentice during those two (2) years.

SECTION 2. Section 5-20-25 of the General Laws in Chapter 5-20 entitled "Plumbers,

Irrigators and Water System Installers" is hereby amended to read as follows:

5-20-25. Registration of Apprentices.

(a) Any person who has agreed to work a minimum of eight thousand (8,000) hours over a

period of time of not less than five (5) years under the direct supervision and instruction of a master

plumber or journeyperson plumber as an apprentice to learn the plumbing business, and that

agreement is approved by the division of professional regulation, shall be registered for an initial

period of one year, with renewal on the applicant's birthday, by the director of the department of

labor and training and have issued to him or her upon the payment of a fee of twenty dollars

($20.00) a certificate showing that person to be a registered apprentice. Every person who continues

to work as an apprentice after the initial one year registration is required to register again as an

apprentice and pay the fee.

(b) Any person who has agreed to work a minimum of two thousand (2,000) hours over a

period of time of not less than one year under the direct supervision and instruction of a master

irrigator or a journeyperson irrigator as an apprentice to learn the irrigation business, and that

agreement is approved by the division of professional regulation, shall be registered for an initial

period of one year, with renewal on the applicant's birthday, by the director of the department of

labor and training and have issued to him or her upon the payment of a fee of twenty dollars

($20.00) a certificate showing that person to be a registered apprentice. Every person who continues

to work as an apprentice after the initial one year registration is required to register again as an

apprentice and pay the fee.

period of time of not less than one year, under the direct supervision and instruction of a master

water-filtration/treatment-system installer or a journeyperson water-filtration/treatment-system

installer, as an apprentice to learn the water-filtration/treatment business, and that agreement is

approved by the division of professional regulation, shall be registered for an initial period of one

year, with renewal on the applicant's birthday, by the director of the department of labor and

training and have issued to them him or her, upon the payment of a fee of twenty dollars ($20.00),

a certificate showing that person to be a registered apprentice. Every person who continues to work

as an apprentice after the initial one-year registration is required to register again as an apprentice

and pay the fee.

SECTION 3. Section 28-27-18 of the General Laws in Chapter 28-27 entitled "Mechanical

Trades" is hereby amended to read as follows:

28-27-18. Registration of Apprentices.

(a) Any person who has agreed to work under the supervision of a licensed pipefitter,

refrigeration/air conditioning, sprinkler fitter or sheet metal master under a state sanctioned

apprenticeship program shall be registered by the director of labor and training upon the payment

of a twenty-four dollar ($24.00) annual fee and be issued a certificate of apprenticeship. A renewal

certificate shall also be issued for twenty-four dollars ($24.00) for each succeeding twelve (12)

month period.

(b) The minimum formal training period for a P.J.F. limited class II license shall be one

hundred sixty (160) hours of classroom and/or laboratory technical training, approved by the

department of labor and training. The fee schedules for the P.J.F. limited license are detailed in §

28-27-5.2. All other sections of this chapter shall remain in full force and effect.

SECTION 4. Sections 28-45-9.1 and 28-45-13.1 of the General Laws in Chapter 28-45

entitled "Apprenticeship Programs in Trade and Industry" are hereby repealed.

28-45-9.1. Apprenticeship programs – Fees.

– A fee of one hundred twenty dollars ($120) shall be paid by each program sponsor,

except those sponsors who are in registered school-to-career apprenticeship programs only, and/or

those sponsors who are licensed masters/contractors with the department of labor and training,

division of professional regulation, requesting authorization as an approved sponsor from the state

apprenticeship council. All state approved sponsors' certificates issued by the division of

professional regulation, except those sponsors who are registered in school-to-career

apprenticeship programs only, and/or those sponsors who are licensed masters/contractors with the

department of labor and training, division of professional regulation, shall become due for annual

renewal upon payment of a renewal fee of one hundred twenty dollars ($120). Those fees shall be

deposited as general revenues.

28-45-13.1. Apprenticeship registration – Fees. –

A fee of twenty-four dollars ($24.00) shall be paid by each indentured apprentice, except

those apprentices who are registered in school-to-career apprenticeship programs only, not

registered as an apprentice with the division of professional regulation of the department of labor

and training, except those apprentices who are registered in school-to-career apprenticeship

programs only, requesting approval and registration with the department of labor and training. All

state approved apprentice certificates that are not registered and renewable through the division of

professional regulation of the department of labor and training shall become due for renewal

annually for a renewal fee of twenty-four dollars ($24.00). All apprenticeship certificates issued by

the division of professional regulation of the department of labor and training shall expire on the

indentured date of the individual qualifying for the certificate.

SECTION 5. Section 5-6-32 of the General Laws entitled "Electricians" is hereby amended

to read as follows:

5-6-32. Authority of director to assess penalty.

(a) The director may assess an administrative penalty on any person, firm, or corporation

for any violation of the provisions of this chapter, after notice and a hearing, before and upon the

recommendation of the board of examiners of electricians in the amount of five hundred dollars

($500) one thousand five hundred dollars ($1,500) for the first violation and nine hundred fifty

dollars ($950) two thousand dollars ($2,000) for a subsequent violation. All funds collected by the

labor and training department under this section shall be placed in the restricted receipts account

created pursuant to § 28-22-1.1. This section is in addition to any other action provided by law for

violations of this chapter.

(b) The chief of the section shall act as an investigator with respect to the enforcement of

all the provisions of law relative to the licensing of electricians and, to this effect, whenever a

complaint is made by the chief of the section to the director of the department of labor and training

or his or her designee that the provisions of this chapter are being violated, the director of the

department of labor and training or his or her designee may issue an order to cease and desist from

that violation and may impose the above penalties against the violator and against the contractor.

SECTION 6. Chapter 28-14 of the General Laws entitled "Payment of Wages" is hereby

amended by adding thereto the following section:

28-14-17.1. Administrative Assessment.

(a) Any employer found to have violated the provisions of this chapter upon final

determination by the department of labor and training, including claims settled

via settlement agreement and administrative hearing, shall be assessed an administrative

penalty equal to fifteen percent (15%) to twenty-five percent (25%) of the amount of back wages

ordered to be paid for a first violation within a three (3)-year (3) period. For subsequent violations

within a three (3)-year (3) period the assessment shall equal twenty-five percent (25%) to fifty

percent (50%) of the amount of back wages ordered to be paid.

(b) In determining the amount of any penalty imposed under this section, the director or

his or her designee shall consider the good faith of the employer,; the gravity of the violation,; the

history of previous violations; and whether or not the violation was an innocent mistake or willful

violation.

SECTION 7. Section 28-14-19.1 of the General Laws entitled "Payment of Wages" is

hereby amended to ready as follows:

28-14-19.1. Misclassification of employees.

(a) The misclassification of a worker whether performing work as a natural person,

business, corporation, or entity of any kind, as an independent contractor when the worker should

be considered and paid as an employee shall be considered a violation of this chapter.

(b) In addition to any other relief in which any department or an aggrieved party may be

entitled for such a violation, the employer shall be liable for a civil penalty in an amount not less

than five hundred dollars ($500) one thousand five hundred dollars ($1,500) and not greater than

three thousand ($3,000) dollars $3,000 for each misclassified employee for a first offense and up

to five thousand dollars ($5,000) for each misclassified employee for any subsequent offense,

which shall be shared equally between the department and the aggrieved party.

or her designee shall consider the size of the employer's business,; the good faith of the employer,;

the gravity of the violation,; the history of previous violations,; and whether or not the violation

was an innocent mistake or willful.

(d) A violation of this section may be adjudicated under § 28-14-19 and consolidated with

any labor standards violation or under §§ 37-13-14.1 and 15 37-13-15 and consolidated with any

prevailing wage violation.

(e) A violation of this section may be brought or adjudicated by any division of the

department of labor and training.

(f) The department shall notify the contractor's registration board and the tax administrator

of any violation of this section.

SECTION 8. Sections 28-42-38.1, 28-42-64, 28-42-65 and 28-42-66 of the General Laws

in Chapter 28-42 entitled "Employment Security – General Provisions" are hereby amended to read

as follows:

28-42-38.1. Quarterly wage reports.

(a)(1) The department of labor and training is designated and constituted the agency within

this state charged with the responsibility of collecting quarterly wage information, as required by

42 U.S.C. § 1302b-7 1320b-7. Each employer shall be required to submit a detailed wage report to

the director, for all calendar quarters within thirty (30) days after the end of each quarter in a form

and manner prescribed by the director, listing each employee's name,; social security account

number,; the total amount of wages paid to each employee,; and any other information that the

director deems necessary. All reports shall be in addition to those now required by the department.

(2) The department will utilize the quarterly wage information that it collects from

employers to establish an individual's eligibility for unemployment insurance benefits and to

determine the amount and duration of benefits for all new claims filed.

(3) Notwithstanding any provisions of chapters 42 – 44 of this title to the contrary, the

department may utilize employee quarterly wage information submitted by employers to measure

the progress of the state in meeting the performance measures developed in response to United

States Public Law 105-220, the Workforce Investment Act of 1998 (see 29 U.S.C. § 2801 et seq.),

further provided however, that the department may verify certain employee quarterly wage

information for the local workforce investment board and provide it with the verified data under

procedures established by rules and regulations promulgated by the director. The director shall also

make the quarterly wage information available, upon request, to the agencies of other states in the

performance of their public duties under the Workforce Investment Act of 1998 in that state. This

information shall be made available only to the extent required by the Secretary of Labor and

necessary for the valid administrative needs of the authorized agencies, and all agencies requesting

this data shall protect it from unauthorized disclosure. The department shall be reimbursed by the

agencies requesting the information for the costs incurred in providing the information.

(4) Notwithstanding any provisions of chapters 42 – 44 of this title to the contrary, the

department may provide quarterly wage information to the United States Census Bureau for the

purpose of participating in a joint local employment dynamics program with the United States

Census Bureau and the Bureau of Labor Statistics.

(5) Notwithstanding any provisions of chapters 42-44 of this title to the contrary, the

department may provide employee quarterly wage information to the department's designated

research partners for the purpose of its workforce data quality and workforce innovation fund

initiatives. The provision of these records will be done in accordance with an approved data-sharing

agreement between the department and its designated research partners that protects the security

and confidentiality of these records and through procedures established by protocols, rules and/or

regulations as determined necessary by the director and appropriately established or promulgated.

(b) Notwithstanding any inconsistent provisions of chapters 42 – 44 of this title, an

employer who or that fails to file a detailed wage report in the manner and at the times required

by subsection (a) of this section for any calendar quarter shall pay a penalty of twenty-five dollars

($25.00) for each failure or refusal to file. An additional penalty of twenty-five dollars ($25.00)

shall be assessed for each month the report is delinquent; provided, that this penalty shall not exceed

one hundred and fifty dollars ($150) two hundred dollars ($200.00) for any one report. This penalty

shall be paid into the employment security tardy account fund and if any employer fails to pay the

penalty, when assessed, it shall be collected by civil action as provided in § 28-43-18.

28-42-64. Failure to make contributions or reports.

Any individual, or employing unit, or its agent, who or that knowingly fails or refuses to

make any contribution or other payment required of an employing unit under chapters 42 – 44 of

this title, or who knowingly fails or refuses to make any contribution or report at the time and in

the manner required by the regulations adopted as prescribed in these chapters, shall upon

conviction be punished by a fine of not less than ten dollars ($10.00) twenty-five dollars ($25.00)

nor more than one hundred dollars ($100) two hundred dollars ($200.00), or by imprisonment not

longer than sixty (60) days, or by both the fine and imprisonment, and each day of that failure or

refusal shall constitute a separate and distinct offense. If the employer in question is a corporation,

every officer of the corporation who knowingly participates in any violation specified in this section

shall be subject to these penalties.

28-42-65. Pecuniary penalty for failure to file reports or pay contributions.

An employer who fails to file any reports required under chapters 42 – 44 of this title, or

who fails or refuses to pay any contributions required under those chapters in the manner and at the

times as required by the law and regulations or as the director may, in accordance with these

chapters, prescribe, shall pay a penalty of ten dollars ($10.00) twenty-five dollars ($25.00) for each

failure or refusal to file, and where any contribution is due, shall pay an additional penalty of ten

percent (10%) of the amount due. The foregoing penalties shall be paid into the employment

security-tardy account fund, and shall be in addition to contributions and interest required to be

paid as provided in chapters 42 – 44 of this title. If any employer fails to pay a penalty, when

assessed, it shall be collected by civil action as provided in § 28-43-18.

28-42-66. Penalty for violations generally.

Any violation of any provision of chapters 42 – 44 of this title or of any order, rule, or

regulation of the board of review after consultation with the director, for which a penalty is neither

prescribed above nor provided by any other applicable statute, shall be punished by a fine of not

less than twenty dollars ($20.00) twenty-five dollars ($25.00) nor more than fifty dollars ($50.00)

two hundred dollars ($200.00), or by imprisonment not longer than thirty (30) days, or by both the

fine and imprisonment.

SECTION 9. This article shall take effect as of July 1, 2017.