| 6 | 6 | | ======== |
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| 7 | 7 | | LC001272/SUB A/4 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES |
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| 16 | 16 | | Introduced By: Representatives Craven, Caldwell, Bennett, and Morales |
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| 17 | 17 | | Date Introduced: March 01, 2023 |
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| 18 | 18 | | Referred To: House Judiciary |
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| 19 | 19 | | (Attorney General) |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Sections 28-14-1, 28-14-17, 28-14-19, and 28-14-19.1 of the General Laws 1 |
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| 23 | 23 | | in Chapter 28-14 entitled "Payment of Wages" are hereby amended to read as follows: 2 |
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| 24 | 24 | | 28-14-1. Definitions. 3 |
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| 25 | 25 | | Whenever used in this chapter, except where the context clearly indicates otherwise: 4 |
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| 26 | 26 | | (1) “Construction industry” means the business of constructing, reconstructing, altering, 5 |
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| 27 | 27 | | maintaining, moving, rehabilitating, repairing, renovating, or demolition of any building, structure, 6 |
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| 28 | 28 | | or improvement to the excavation of or other development or improvement to land, highways, or 7 |
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| 29 | 29 | | other real property. 8 |
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| 30 | 30 | | (2) “Department” means the department of labor and training. 9 |
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| 31 | 31 | | (1)(3) “Director” means the director of the department of labor and training or his or her 10 |
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| 32 | 32 | | duly authorized representative. 11 |
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| 33 | 33 | | (2)(4) “Employee” means any person suffered or permitted to work by an employer, except 12 |
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| 34 | 34 | | that independent contractors or subcontractors shall not be considered employees. 13 |
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| 35 | 35 | | (3)(5) “Employer” means any individual, firm, partnership, association, joint stock 14 |
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| 36 | 36 | | company, trust, corporation, receiver, or other like officer appointed by a court of this state, and 15 |
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| 37 | 37 | | any agent or officer of any of the previously mentioned classes, employing any person in this state. 16 |
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| 38 | 38 | | (4)(6) “Wages” means all amounts at which the labor or service rendered is recompensed, 17 |
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| 39 | 39 | | whether the amount is fixed or ascertained on a time, task, piece, commission basis, or other method 18 |
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| 40 | 40 | | of calculating the amount. 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001272/SUB A/4 - Page 2 of 9 |
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| 44 | 44 | | 28-14-17. Penalty for violations. 1 |
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| 45 | 45 | | (a) Except as otherwise provided for in this chapter, any Any employer who or that violates 2 |
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| 46 | 46 | | or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor, and 3 |
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| 47 | 47 | | upon conviction of the misdemeanor, the employer shall be punished by a fine of not less than four 4 |
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| 48 | 48 | | hundred dollars ($400) for each separate offense, or by imprisonment of up to one year, or by both 5 |
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| 49 | 49 | | fine and imprisonment. Each day pay period of failure to pay wages due an employee at the time 6 |
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| 50 | 50 | | specified in this chapter shall constitute a separate and distinct civil violation, separate and apart 7 |
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| 51 | 51 | | from any criminal violation provided for in subsection (b) of this section violation. 8 |
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| 52 | 52 | | (b) Any employer who knowingly and willfully violates §§ 28-14-2, 28-14-4, or 28-14-6 9 |
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| 53 | 53 | | of this chapter shall be guilty of a felony if the actual value of the wages due to an employee exceeds 10 |
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| 54 | 54 | | one thousand five hundred dollars ($1,500), and upon a plea or conviction thereof, shall be deemed 11 |
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| 55 | 55 | | to have committed a felony and shall be imprisoned by a term not exceeding three (3) years, or by 12 |
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| 56 | 56 | | a fine not exceeding five thousand dollars ($5,000), or both. In calculating the value of wages due 13 |
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| 57 | 57 | | to an employee, the total amount of all wages due the employee, in U.S. dollars, shall be included 14 |
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| 58 | 58 | | in the calculation. 15 |
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| 59 | 59 | | (b)(c) Any employer found guilty of violations of this chapter who or that does not pay 16 |
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| 60 | 60 | | wages and fines within thirty (30) days of a final decision and after notification by the department 17 |
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| 61 | 61 | | of labor and training, may have the employer’s business license revoked by the state of Rhode 18 |
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| 62 | 62 | | Island until the employer pays such wages and fines in full or enters into a payment agreement with 19 |
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| 63 | 63 | | which the employer stays in compliance. 20 |
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| 64 | 64 | | 28-14-19. Enforcement powers and duties of director of labor and training. 21 |
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| 65 | 65 | | (a) It shall be the duty of the director to ensure compliance with the provisions of this 22 |
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| 66 | 66 | | chapter and chapter 12 of this title. The director, or his or her designee, may investigate any 23 |
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| 67 | 67 | | violations thereof, institute or cause to be instituted actions for the collection of wages, and institute 24 |
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| 68 | 68 | | action for penalties or other relief as provided for within and pursuant to those chapters. The 25 |
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| 69 | 69 | | director, or his or her authorized representatives, are empowered to hold hearings and he or she 26 |
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| 70 | 70 | | shall cooperate with any employee in the enforcement of a claim against his or her employer in any 27 |
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| 71 | 71 | | case whenever, in his or her opinion, the claim is just and valid. 28 |
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| 72 | 72 | | (b) Upon receipt of a complaint or conducting an inspection under applicable law, the 29 |
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| 73 | 73 | | director, or his or her appropriate departmental designee, is authorized to investigate to determine 30 |
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| 74 | 74 | | compliance with this chapter and chapter 12 of this title. The director or designee shall forward all 31 |
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| 75 | 75 | | complaints to the investigatory team within the department of labor and training who shall conduct 32 |
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| 76 | 76 | | the initial screening, investigation, and field audits, as set forth in § 28-14-19.1. 33 |
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| 77 | 77 | | (c) With respect to all complaints deemed just and valid by the investigatory team, the 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC001272/SUB A/4 - Page 3 of 9 |
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| 81 | 81 | | director, or his or her designee, shall order a hearing thereon at a time and place to be specified, 1 |
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| 82 | 82 | | and shall give notice thereof, together with a copy of the complaint or the purpose thereof, or a 2 |
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| 83 | 83 | | statement of the facts disclosed upon investigation, which notice shall be served personally or by 3 |
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| 84 | 84 | | mail on any person, business, corporation, or entity of any kind affected thereby. The hearing shall 4 |
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| 85 | 85 | | be scheduled within thirty (30) days of service of a formal complaint as provided herein. The 5 |
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| 86 | 86 | | person, business, corporation, or entity shall have an opportunity to be heard in respect to the 6 |
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| 87 | 87 | | matters complained of at the time and place specified in the notice. The hearing shall be conducted 7 |
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| 88 | 88 | | by the director or his or her designee. The hearing officer in the hearing shall be deemed to be 8 |
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| 89 | 89 | | acting in a judicial capacity, and shall have the right to issue subpoenas, administer oaths, and 9 |
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| 90 | 90 | | examine witnesses. The enforcement of a subpoena issued under this section shall be regulated by 10 |
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| 91 | 91 | | Rhode Island civil practice law and rules. The hearing shall be expeditiously conducted and upon 11 |
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| 92 | 92 | | such hearing the hearing officer shall determine the issues raised thereon and shall make a 12 |
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| 93 | 93 | | determination and enter an order within thirty (30) days of the close of the hearing, and forthwith 13 |
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| 94 | 94 | | serve a copy of the order, with a notice of the filing thereof, upon the parties to the proceeding, 14 |
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| 95 | 95 | | personally or by mail. The order shall dismiss the complaint or direct payment of any wages and/or 15 |
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| 96 | 96 | | benefits found to be due and/or award such other appropriate relief or penalties authorized under 16 |
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| 97 | 97 | | this chapter and chapter 12 of this title, and the order may direct payment of reasonable attorney’s 17 |
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| 98 | 98 | | fees and costs to the complaining party. Interest at the rate of twelve percent (12%) per annum shall 18 |
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| 99 | 99 | | be awarded in the order from the date of the nonpayment to the date of payment. 19 |
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| 100 | 100 | | (d) The order shall also require payment of a further sum as a civil penalty in an amount 20 |
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| 101 | 101 | | up to two (2) times the total wages and/or benefits found to be due, exclusive of interest, which 21 |
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| 102 | 102 | | shall be shared equally between the department and the aggrieved party. In determining the amount 22 |
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| 103 | 103 | | of any penalty to impose, the director, or his or her designee, shall consider the size of the 23 |
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| 104 | 104 | | employer’s business, the good faith of the employer, the gravity of the violation, the previous 24 |
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| 105 | 105 | | violations, and whether or not the violation was an innocent mistake or willful. 25 |
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| 106 | 106 | | (e) The director may institute any action to recover unpaid wages or other compensation or 26 |
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| 107 | 107 | | obtain relief as provided under this section with or without the consent of the employee or 27 |
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| 108 | 108 | | employees affected. 28 |
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| 109 | 109 | | (f) No agreement between the employee and employer to work for less than the applicable 29 |
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| 110 | 110 | | wage and/or benefit rate or to otherwise work under and/or conditions in violation of applicable 30 |
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| 111 | 111 | | law is a defense to an action brought pursuant to this section. 31 |
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| 112 | 112 | | (g) The director shall notify the contractors’ registration board of any order issued or any 32 |
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| 113 | 113 | | determination hereunder that an employer has violated this chapter, chapter 12 of this title, or 33 |
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| 114 | 114 | | chapter 13 of title 37. The director shall notify the tax administrator of any determination hereunder 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC001272/SUB A/4 - Page 4 of 9 |
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| 118 | 118 | | that may affect liability for an employer’s payment of wages and/or payroll taxes. 1 |
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| 119 | 119 | | 28-14-19.1. Misclassification of employees. 2 |
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| 120 | 120 | | (a) The misclassification of a worker whether performing work as a natural person, 3 |
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| 121 | 121 | | business, corporation, or entity of any kind, as an independent contractor when the worker should 4 |
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| 122 | 122 | | be considered and paid as an employee shall be considered a violation of this chapter. 5 |
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| 123 | 123 | | (b) In addition to any other relief to which any department or an aggrieved party may be 6 |
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| 124 | 124 | | entitled for such a violation, the employer shall be liable for a civil penalty in an amount not less 7 |
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| 125 | 125 | | than one thousand five hundred dollars ($1,500) and not greater than three thousand dollars 8 |
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| 126 | 126 | | ($3,000) for each misclassified employee for a first offense and up to five thousand dollars ($5,000) 9 |
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| 127 | 127 | | for each misclassified employee for any subsequent offense, which shall be shared equally between 10 |
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| 128 | 128 | | the department and the aggrieved party. 11 |
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| 129 | 129 | | (b) Upon receipt by the department of a complaint alleging misclassification of a worker 12 |
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| 130 | 130 | | pursuant this section, the department shall undertake an investigation using the factors consistent 13 |
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| 131 | 131 | | with federal regulations found in the Fair Labor Standards Act. 14 |
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| 132 | 132 | | (1) The department shall assign an investigatory team within the department to investigate 15 |
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| 133 | 133 | | and screen all complaints for general analysis and validity. 16 |
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| 134 | 134 | | (2) As part of their investigation, the department's investigatory team may conduct field 17 |
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| 135 | 135 | | audits of businesses to ascertain validity of complaints. In conducting these audits, the department's 18 |
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| 136 | 136 | | investigatory team may investigate exclusively or with the assistance of the task force as established 19 |
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| 137 | 137 | | pursuant to chapter 156 of title 42. 20 |
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| 138 | 138 | | (3)(i) The investigatory team shall make a determination as to whether it finds the 21 |
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| 139 | 139 | | complaint to be just and valid, or not, and shall report those findings to the director or his/her 22 |
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| 140 | 140 | | designee. In instances where the department's investigatory team deems a complaint is just and 23 |
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| 141 | 141 | | valid, and so reports, the alleged civil violation shall be adjudicated pursuant to the provisions of § 24 |
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| 142 | 142 | | 28-14-19 and this section. 25 |
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| 143 | 143 | | (ii) In addition, in the event the investigatory team determines that an employer has 26 |
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| 144 | 144 | | misclassified an employee, the investigatory team shall report the matter to the director or designee 27 |
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| 145 | 145 | | with a recommendation that the matter be referred to the department of the attorney general for 28 |
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| 146 | 146 | | criminal prosecution. The investigatory team may include any specific, documented extenuating 29 |
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| 147 | 147 | | circumstances that the investigatory team believes would mitigate against a criminal prosecution. 30 |
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| 148 | 148 | | The director or designee shall review the investigatory team's findings and consider its 31 |
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| 149 | 149 | | recommendations. The director or designee shall forward the matter to the department of the 32 |
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| 150 | 150 | | attorney general along with the director's or designee's recommendations as to whether to prosecute 33 |
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| 151 | 151 | | the matter criminally or not, along with any specific, documented extenuating circumstances that 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC001272/SUB A/4 - Page 5 of 9 |
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| 155 | 155 | | the director or designee believes would mitigate against a criminal prosecution. 1 |
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| 156 | 156 | | (iii) (A) If the director or designee receives information indicating that any person has 2 |
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| 157 | 157 | | violated this chapter, the director or designee may investigate the matter and issue an order to show 3 |
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| 158 | 158 | | cause why the person should not be found in violation of this chapter. 4 |
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| 159 | 159 | | (B) A person served with an order to show cause shall have a period of twenty (20) days 5 |
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| 160 | 160 | | from the date the order is served to file an answer in writing. 6 |
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| 161 | 161 | | (C) If the person fails to file a timely and adequate answer to the order to show cause, the 7 |
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| 162 | 162 | | director or designee may, following notice and hearing, do any of the following: 8 |
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| 163 | 163 | | (I) Petition a court of competent jurisdiction to issue a stop-work order as provided in this 9 |
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| 164 | 164 | | section; or 10 |
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| 165 | 165 | | (II) Immediately assess penalties as provided for in this section. 11 |
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| 166 | 166 | | (D) If, subsequent to issuing an order to show cause under this section, the director or 12 |
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| 167 | 167 | | designee finds probable cause that an employer has committed a criminal violation of this chapter, 13 |
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| 168 | 168 | | the director or designee shall refer the matter to the department of the attorney general for 14 |
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| 169 | 169 | | investigation or impose administrative penalties provided for under this section. 15 |
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| 170 | 170 | | (E) A party that does not meet the definition of an "employer" in § 28-14-1, but which 16 |
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| 171 | 171 | | party intentionally contracts with an employer knowing the employer intends to misclassify 17 |
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| 172 | 172 | | employees in violation of this chapter, shall be subject to the same penalties, remedies or other 18 |
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| 173 | 173 | | actions as the employer found to be in violation of this chapter. 19 |
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| 174 | 174 | | (iv) Provided, the decision whether to prosecute a violation of this section as a criminal 20 |
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| 175 | 175 | | matter shall be made by the attorney general. In making this decision, the attorney general shall 21 |
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| 176 | 176 | | review and consider all recommendations and materials forwarded by the director or designee 22 |
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| 177 | 177 | | pursuant to this section. 23 |
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| 178 | 178 | | (c) In determining the amount of any penalty imposed under this section, the director, or 24 |
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| 179 | 179 | | his or her designee, shall consider the size of the employer’s business; the good faith of the 25 |
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| 180 | 180 | | employer; the gravity of the violation; the history of previous violations; and whether or not the 26 |
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| 181 | 181 | | violation was an innocent mistake or willful. 27 |
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| 182 | 182 | | (d) A civil violation of this section may be adjudicated under § 28-14-19 and consolidated 28 |
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| 183 | 183 | | with any labor standards violation or under §§ 37-13-14.1 and 37-13-15 and consolidated with any 29 |
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| 184 | 184 | | prevailing wage violation. 30 |
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| 185 | 185 | | (e) A violation of this section may be brought or adjudicated by any division of the 31 |
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| 186 | 186 | | department of labor and training. 32 |
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| 187 | 187 | | (f) The department shall notify the contractors’ registration board and the tax administrator 33 |
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| 188 | 188 | | of any violation of this section. 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC001272/SUB A/4 - Page 6 of 9 |
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| 192 | 192 | | (g) In addition to any other relief to which the department or an aggrieved party may be 1 |
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| 193 | 193 | | entitled for such a violation, the employer shall be liable for a civil penalty in an amount not less 2 |
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| 194 | 194 | | than one thousand five hundred dollars ($1,500) and not greater than three thousand dollars 3 |
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| 195 | 195 | | ($3,000) for each misclassified employee for a first offense and up to five thousand dollars ($5,000) 4 |
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| 196 | 196 | | for each misclassified employee for any subsequent offense, which shall be shared equally between 5 |
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| 197 | 197 | | the department and the aggrieved party. 6 |
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| 198 | | - | (h) As it relates to the construction industry, all provisions of § 28-14-19.1 shall apply. 7 |
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| 199 | | - | (i) Any employer who knowingly and willfully violates this section regarding 8 |
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| 200 | | - | misclassification of an employee in the construction industry shall be subject to the following 9 |
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| 201 | | - | penalties: 10 |
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| 202 | | - | (1) Where the value does not exceed one thousand five hundred dollars ($1,500), upon a 11 |
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| 203 | | - | plea or a conviction, shall be guilty of a misdemeanor and be subject to imprisonment for a term 12 |
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| 204 | | - | not exceeding one year, or a fine of up to one thousand dollars ($1,000), or both; 13 |
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| 205 | | - | (2)(i) Any employer who knowingly and willfully violates this section after having been 14 |
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| 206 | | - | previously adjudicated for a violation either by plea or conviction of this section and where the 15 |
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| 207 | | - | value exceeds one thousand five hundred dollars ($1,500) shall be guilty of a felony and sentenced 16 |
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| 208 | | - | to a term of imprisonment not to exceed three (3) years, or a fine of not more than five thousand 17 |
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| 209 | | - | dollars ($5,000) or both. 18 |
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| 210 | | - | (j)(1) The director of the department of labor and training shall, on or before December 31, 19 |
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| 211 | | - | 2024, and annually thereafter on or before December 31, file a report (the "report") with the 20 |
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| 212 | | - | governor, the speaker of the house, and the president of the senate. This report shall provide 21 |
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| 213 | | - | information on the status, progress, and recommendations, if any, as well as the information and 22 |
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| 214 | | - | data set forth in § 28-14-19.1(i)(2), regarding the legislative initiatives set forth in this chapter. 23 |
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| 215 | | - | (2) The data included in the report required by this subsection of this section shall include, 24 |
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| 216 | | - | but not be limited to, the following for the time period covered by the report: 25 |
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| 217 | | - | (i) Number of complaints filed with the department for wage theft and misclassification of 26 |
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| 218 | | - | employees ("complaints"); 27 |
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| 219 | | - | (ii) Number of complaints found by the department to be actionable; 28 |
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| 220 | | - | (iii) Number of complaints referred by the department to the department of the attorney 29 |
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| 221 | | - | general; 30 |
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| 222 | | - | (iv) Number of complaints that are handled administratively or civilly by the department 31 |
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| 223 | | - | of labor and training, both the aggregate number and also disaggregated by the resolution or 32 |
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| 224 | | - | outcome of those complaints, including those settled, dismissed for finding no violation, 33 |
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| 225 | | - | adjudicated, and, if appealed, the results of those appeals, as well as the number of pending matters; 34 |
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| 198 | + | (h) Any employer who knowingly and willfully violates this section regarding 7 |
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| 199 | + | misclassification of an employee in the construction industry shall be subject to the following 8 |
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| 200 | + | penalties: 9 |
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| 201 | + | (1) Where the value does not exceed one thousand five hundred dollars ($1,500), upon a 10 |
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| 202 | + | plea or a conviction, shall be guilty of a misdemeanor and be subject to imprisonment for a term 11 |
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| 203 | + | not exceeding one year, or a fine of up to one thousand dollars ($1,000), or both; 12 |
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| 204 | + | (2)(i) Any employer who knowingly and willfully violates this section after having been 13 |
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| 205 | + | previously adjudicated for a violation either by plea or conviction of this section and where the 14 |
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| 206 | + | value exceeds one thousand five hundred dollars ($1,500) shall be guilty of a felony and sentenced 15 |
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| 207 | + | to a term of imprisonment not to exceed three (3) years, or a fine of not more than five thousand 16 |
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| 208 | + | dollars ($5,000) or both. 17 |
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| 209 | + | (i)(1) The director of the department of labor and training shall, on or before December 31, 18 |
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| 210 | + | 2024, and annually thereafter on or before December 31, file a report (the "report") with the 19 |
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| 211 | + | governor, the speaker of the house, and the president of the senate. This report shall provide 20 |
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| 212 | + | information on the status, progress, and recommendations, if any, as well as the information and 21 |
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| 213 | + | data set forth in § 28-14-19.1(i)(2), regarding the legislative initiatives set forth in this chapter. 22 |
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| 214 | + | (2) The data included in the report required by this subsection of this section shall include, 23 |
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| 215 | + | but not be limited to, the following for the time period covered by the report: 24 |
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| 216 | + | (i) Number of complaints filed with the department for wage theft and misclassification of 25 |
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| 217 | + | employees ("complaints"); 26 |
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| 218 | + | (ii) Number of complaints found by the department to be actionable; 27 |
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| 219 | + | (iii) Number of complaints referred by the department to the department of the attorney 28 |
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| 220 | + | general; 29 |
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| 221 | + | (iv) Number of complaints that are handled administratively or civilly by the department 30 |
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| 222 | + | of labor and training, both the aggregate number and also disaggregated by the resolution or 31 |
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| 223 | + | outcome of those complaints, including those settled, dismissed for finding no violation, 32 |
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| 224 | + | adjudicated, and, if appealed, the results of those appeals, as well as the number of pending matters; 33 |
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| 225 | + | and 34 |
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| 229 | | - | and 1 |
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| 230 | | - | (v) Of the complaints referred to the department of the attorney general, a disaggregation 2 |
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| 231 | | - | of the complaints by resolution or outcome of those complaints, including those settled, dismissed 3 |
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| 232 | | - | for finding no violation, adjudicated, and, if appealed, the results of those appeals, as well as the 4 |
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| 233 | | - | number of pending matters. The department of the attorney general shall assist the department of 5 |
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| 234 | | - | labor and training in obtaining this data. 6 |
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| 235 | | - | (k) The attorney general shall, on or before December 31, 2024, and annually thereafter on 7 |
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| 236 | | - | or before December 31, file a report (the "attorney general report") with the governor, the speaker 8 |
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| 237 | | - | of the house, and the president of the senate. The data included in the attorney general report 9 |
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| 238 | | - | required by this subsection of this section shall include, but not be limited to, the following for the 10 |
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| 239 | | - | time period covered by the attorney general report: 11 |
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| 240 | | - | (1) The number of complaints referred to the attorney general for wage theft and 12 |
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| 241 | | - | misclassification of employees ("wage theft complaints"); 13 |
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| 242 | | - | (2) The number of civil and criminal wage theft complaints filed by the attorney general 14 |
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| 243 | | - | for and arising out of wage theft and misclassification of employees; 15 |
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| 244 | | - | (3) A disaggregation of the wage theft complaints by resolution or outcome of those wage 16 |
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| 245 | | - | theft complaints, including those handled by plea agreement, by conviction, by a finding of not 17 |
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| 246 | | - | guilty, or other disposition; 18 |
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| 247 | | - | (4) The number of such cases that are appealed, and the results of those appeals which have 19 |
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| 248 | | - | reached disposition; 20 |
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| 249 | | - | (5) The number of cases pending both before the trial court and on appeal; and 21 |
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| 250 | | - | (6) Such other information, findings, and recommendations as the attorney general 22 |
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| 251 | | - | determines to be appropriate to address the legislative initiatives set forth in this chapter. 23 |
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| 252 | | - | SECTION 2. Section 42-156-4 of the General Laws in Chapter 42-156 entitled 24 |
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| 253 | | - | "Underground Economy and Employee Misclassification Act" is hereby amended to read as 25 |
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| 254 | | - | follows: 26 |
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| 255 | | - | 42-156-4. Duties and responsibilities. 27 |
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| 256 | | - | (a) The Task Force shall coordinate joint efforts to combat the underground economy and 28 |
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| 257 | | - | employee misclassification. The Task Force shall: 29 |
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| 258 | | - | (a)(1) Foster voluntary compliance with the law by educating business owners and 30 |
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| 259 | | - | employees about applicable requirements; 31 |
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| 260 | | - | (b)(2) Protect the health, safety and benefit rights of workers; and 32 |
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| 261 | | - | (c)(3) Restore competitive equality for law-abiding businesses.; and 33 |
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| 262 | | - | (4) Identify industries and geographic areas where evidence shows workers are most likely 34 |
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| 229 | + | (v) Of the complaints referred to the department of the attorney general, a disaggregation 1 |
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| 230 | + | of the complaints by resolution or outcome of those complaints, including those settled, dismissed 2 |
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| 231 | + | for finding no violation, adjudicated, and, if appealed, the results of those appeals, as well as the 3 |
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| 232 | + | number of pending matters. The department of the attorney general shall assist the department of 4 |
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| 233 | + | labor and training in obtaining this data. 5 |
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| 234 | + | (j)(3) The attorney general shall, on or before December 31, 2024, and annually thereafter 6 |
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| 235 | + | on or before December 31, file a report (the "attorney general report") with the governor, the 7 |
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| 236 | + | speaker of the house, and the president of the senate. The data included in the attorney general 8 |
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| 237 | + | report required by this subsection of this section shall include, but not be limited to, the following 9 |
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| 238 | + | for the time period covered by the attorney general report: 10 |
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| 239 | + | (i) The number of complaints referred to the attorney general for wage theft and 11 |
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| 240 | + | misclassification of employees ("wage theft complaints"); 12 |
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| 241 | + | (ii) The number of civil and criminal wage theft complaints filed by the attorney general 13 |
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| 242 | + | for and arising out of wage theft and misclassification of employees; 14 |
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| 243 | + | (iii) A disaggregation of the wage theft complaints by resolution or outcome of those wage 15 |
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| 244 | + | theft complaints, including those handled by plea agreement, by conviction, by a finding of not 16 |
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| 245 | + | guilty, or other disposition; 17 |
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| 246 | + | (iv) The number of such cases that are appealed, and the results of those appeals which 18 |
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| 247 | + | have reached disposition; 19 |
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| 248 | + | (v) The number of cases pending both before the trial court and on appeal; and 20 |
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| 249 | + | (vi) Such other information, findings, and recommendations as the attorney general 21 |
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| 250 | + | determines to be appropriate to address the legislative initiatives set forth in this chapter. 22 |
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| 251 | + | SECTION 2. Section 42-156-4 of the General Laws in Chapter 42-156 entitled 23 |
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| 252 | + | "Underground Economy and Employee Misclassification Act" is hereby amended to read as 24 |
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| 253 | + | follows: 25 |
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| 254 | + | 42-156-4. Duties and responsibilities. 26 |
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| 255 | + | (a) The Task Force shall coordinate joint efforts to combat the underground economy and 27 |
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| 256 | + | employee misclassification. The Task Force shall: 28 |
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| 257 | + | (a)(1) Foster voluntary compliance with the law by educating business owners and 29 |
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| 258 | + | employees about applicable requirements; 30 |
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| 259 | + | (b)(2) Protect the health, safety and benefit rights of workers; and 31 |
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| 260 | + | (c)(3) Restore competitive equality for law-abiding businesses.; and 32 |
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| 261 | + | (4) Identify industries and geographic areas where evidence shows workers are most likely 33 |
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| 262 | + | to be mistakenly or deliberately misclassified or are victims of wage theft and engage in proactive 34 |
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