Rhode Island 2023 Regular Session

Rhode Island House Bill H5707 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5707
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7	7	LC001759
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES
16	16	Introduced By: Representatives Giraldo, Alzate, Morales, Cruz, and Potter
17	17	Date Introduced: February 17, 2023
18	18	Referred To: House Labor
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Sections 28-14-2.1 and 28-14-12 of the General Laws in Chapter 28-14 1
23	23	entitled "Payment of Wages" are hereby amended to read as follows: 2
24	24	28-14-2.1. Statement of earnings. 3
25	25	(a) On every regular payday, every employer shall furnish to any employee the following: 4
26	26	(1) A statement of the hours worked by that employee during the applicable pay period; 5
27	27	provided, that the statement need not be furnished to an employee described in § 28-12-4.3; 6
28	28	(2) A record of all deductions made from that employee’s gross earnings during the pay 7
29	29	period together with an explanation of the basis or reason for the deductions; and 8
30	30	(3) For employers engaged only in the commercial construction industry, a record of the 9
31	31	employee’s hourly regular rate of pay. As used in this subsection, “commercial construction 10
32	32	industry” includes a business that engages in the doing of work or the furnishing of materials, or 11
33	33	both, in the building, erection, alteration, or preparation of an improvement on commercial real 12
34	34	property. An employer at the time of each payment of wages, shall furnish to their employee, either 13
35	35	as a detachable part of the check, draft, or voucher paying the employee's wages, or separately if 14
36	36	wages are paid by personal check or cash, an accurate written itemized statement showing: 15
37	37	(1) Gross wages earned; 16
38	38	(2) Total hours worked by the employee; 17
39	39	(3) The number of piece-rate units earned and any applicable piece rate if the employee is 18
40	40	paid on a piece-rate basis; 19
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44	44	(4) The amount and purpose of each itemized deduction in understandable language and 1
45	45	form; 2
46	46	(5) Net wages earned; 3
47	47	(6) The inclusive dates of the period for which the employee is paid; 4
48	48	(7) The name of the employee and only the last four (4) digits of the employee's social 5
49	49	security number or an employee identification number, other than a social security number; 6
50	50	(8) The name and address of the legal entity that is the employer; and 7
51	51	(9) All applicable hourly rates in effect during the pay period and the corresponding 8
52	52	number of hours worked, at each hourly rate by the employee. The deductions made from payment 9
53	53	of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, 10
54	54	and year, and a copy of the statement and the record of the deductions shall be kept on file, in 11
55	55	accordance with § 28-14-12. For purposes of this section, "copy" includes a duplicate of the 12
56	56	itemized statement provided to an employee or a computer-generated record that accurately shows 13
57	57	all of the information required by this section. 14
58	58	(b) All statements and records required to be furnished to an employee by this section may 15
59	59	be furnished as an electronic record. The employer shall furnish to an employee a printed or 16
60	60	handwritten record, in lieu of an electronic record, at no cost to the employee, when a written 17
61	61	authorization from such employee is provided to the employer. 18
62	62	28-14-12. Employment records. 19
63	63	(a) Every employer shall keep a true and accurate record of hours worked and wages paid 20
64	64	each pay period to each employee in any form that may be prescribed by the director. The employer 21
65	65	shall keep the records on file for at least three (3) years after the entry of the record. At the start of 22
66	66	employment, an employer shall provide each of its employees, a written notice, in English or in the 23
67	67	language identified by each employee as their primary language, containing the following 24
68	68	information: 25
69	69	(1) The rate or rates of pay and basis thereof, including whether the employee is to be paid 26
70	70	by the hour, shift, day, week, salary, piece, commission, or other method, and the specific 27
71	71	application of any additional rates; 28
72	72	(2) Allowances, if any, claimed, pursuant to permitted meals and lodging; 29
73	73	(3) Employer's policy on sick, vacation, personal leave, holidays and hours; 30
74	74	(4) The employee's employment status and whether the employee is exempt from minimum 31
75	75	wage and/or overtime; 32
76	76	(5) A list of deductions that may be made from the employee's pay; 33
77	77	(6) The number of days in the pay period, the regularly scheduled payday, and the payday 34
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81	81	on which the employee will receive the first payment of wages earned; 1
82	82	(7) The legal name of the employer and the operating name of the employer, if different 2
83	83	from its legal name; 3
84	84	(8) The physical address of the employer's main office or principal place of business, and 4
85	85	its mailing address if different; and 5
86	86	(9) The telephone number of the employer. 6
87	87	(b) The employer shall keep a copy of the notice provided pursuant to the provisions of 7
88	88	subsection (a) of this section, signed by each employee, acknowledging their receipt of the notice. 8
89	89	(c) Employers shall establish, maintain and preserve, for not less than six (6) years 9
90	90	contemporaneously, true and accurate records of all of their employees' names, addresses, titles, 10
91	91	pay rates, hours worked each workday and workweek, basis of pay, total regular wages earned per 11
92	92	week, total overtime wages earned per week, deductions, dates of each pay period worked, and 12
93	93	total wages paid each pay period. 13
94	94	(d) The employee has a right to inspect and copy, if upon request, their employment records 14
95	95	referred to in this section. 15
96	96	(e) Presumed damages of one hundred dollars ($100) for each pay period in which the 16
97	97	employer failed to properly maintain its employees' wage records, as required by this section, not 17
98	98	to exceed, two thousand five hundred dollars ($2,500), plus counsel fees and their costs shall be 18
99	99	awarded in any action brought by the director of labor and training on behalf of the employee or 19
100	100	by the employee. 20
101	101	(f) Upon written request of a complaining employee, who is entitled to bring an action 21
102	102	pursuant to the provisions of this section, the director of labor and training may bring an action, in 22
103	103	accordance with this section, and on behalf of the employee. 23
104	104	(g) At the complaining employee's option, he or she may institute a private action, seeking 24
105	105	an enforcement of their rights, monetary damages, and other applicable statutory remedies. 25
106	106	SECTION 2. This act shall take effect upon passage. 26
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113	113	EXPLANATION
114	114	BY THE LEGISLATIVE COUNCIL
115	115	OF
116	116	A N A C T
117	117	RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES
118	118	***
119	119	This act would require the employer, at the time of hiring, to furnish to their employees an 1
120	120	itemized list of the terms and conditions of the employee's employment. It would mandate that the 2
121	121	employer provide every employee, each payday, a pay stub, explaining exactly how their wages 3
122	122	were calculated and the reason for each deduction from their gross wages. Finally the act would 4
123	123	allow the employee to file a private court action against the employer for a violation of these new 5
124	124	required disclosures, while also in the alternative, allowing the director of the department of labor 6
125	125	and training to bring an action on the employees' behalf. 7
126	126	This act would take effect upon passage. 8
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