Title 39
Public Utilities and Carriers

Chapter 26.9
Labor Standards in Renewable Energy Projects

§ 39-26.9-8. Recordkeeping obligations.

(a) Each employer that is subject to the provisions of this chapter shall:

(1) Keep, maintain, and preserve records relating to the wages and hours worked by each mechanic, laborer, and worker and a schedule of the occupation or work classification at which each mechanic, laborer, or worker on the project is employed, during each work day and week. These records shall be maintained in a manner and form as the director establishes to assure the proper payments due to such persons or employee welfare funds under this chapter, regardless of any contractual relationship alleged to exist between the contractor and the person; and

(2) Submit a monthly certified payroll record to the contracting agency or to the developer of a covered project, which shall consist of a complete copy of the payroll records accompanied by a statement signed by the employer that indicates:

(i) The records are accurate;

(ii) The rate of wages paid to each mechanic, laborer, or worker and the amount of payment or contributions paid or payable on behalf of each such person to any employee welfare fund is not less than the prevailing rate of wages and the amount of payment or contributions paid or payable on behalf of each such person to any employee welfare fund and not less than those required by the contract to be paid;

(iii) The employer has complied with the applicable provisions of this chapter;

(iv) Each such person is covered by a workers’ compensation insurance policy for the duration of the person’s employment, which shall be demonstrated by submitting to the contracting agency the name of the workers’ compensation insurance carrier covering each such person, the effective and expiration dates of each policy, and each policy number;

(v) The employer has not received any kickbacks, as defined in 41 U.S.C. § 8701, from any employee or employee welfare fund; and

(vi) Pursuant to the provisions of this chapter, the employer is aware that filing a certified payroll that the employer knows to be false is a felony, for which the employer may be fined up to five thousand dollars ($5,000), imprisoned for up to five (5) years, or both.

(b) Notwithstanding any contrary provisions of the general laws, the certified payroll shall be considered a public record and every person shall have the right to inspect and copy the records.

(c) Except as provided in subsection (b) of this section, any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the department of labor and training shall be redacted to prevent disclosure of an individual’s name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be redacted. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley Trust Fund (29 U.S.C. § 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be redacted only to prevent disclosure of an individual’s full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. § 175a) shall be redacted only to prevent disclosure of an individual’s social security number.

(d) Notwithstanding any other provision of law, agencies and law enforcement agencies investigating violations of law shall, upon request, be provided unredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency or law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual’s name, address, and social security number.