| 28 | | - | (2) A record of gross wages earned, with an explanation of applicable hourly rates, all 7 |
|---|
| 29 | | - | deductions made from that employee’s gross earnings during the pay period together with an 8 |
|---|
| 30 | | - | explanation of the basis or reason for the deductions and net earnings; and 9 |
|---|
| 31 | | - | (3) For employers engaged only in the commercial construction industry, a record of the 10 |
|---|
| 32 | | - | employee’s hourly regular rate of pay. As used in this subsection, “commercial construction 11 |
|---|
| 33 | | - | industry” includes a business that engages in the doing of work or the furnishing of materials, or 12 |
|---|
| 34 | | - | both, in the building, erection, alteration, or preparation of an improvement on commercial real 13 |
|---|
| 35 | | - | property.; 14 |
|---|
| 36 | | - | (4) For employees paid on a piece-rate basis, the number of piece-rate units earned and the 15 |
|---|
| 37 | | - | applicable piece rate; and 16 |
|---|
| 38 | | - | (5) The statement shall include the name and address of the employer, the employee’s full 17 |
|---|
| 39 | | - | name, and the last four digits of the employee’s social security number or employee identification 18 |
|---|
| 40 | | - | number 19 |
|---|
| 28 | + | (2) A record of all deductions made from that employee’s gross earnings during the pay 7 |
|---|
| 29 | + | period together with an explanation of the basis or reason for the deductions; and 8 |
|---|
| 30 | + | (3) For employers engaged only in the commercial construction industry, a record of the 9 |
|---|
| 31 | + | employee’s hourly regular rate of pay. As used in this subsection, “commercial construction 10 |
|---|
| 32 | + | industry” includes a business that engages in the doing of work or the furnishing of materials, or 11 |
|---|
| 33 | + | both, in the building, erection, alteration, or preparation of an improvement on commercial real 12 |
|---|
| 34 | + | property. An employer at the time of each payment of wages, shall furnish to their employee, either 13 |
|---|
| 35 | + | as a detachable part of the check, draft, or voucher paying the employee's wages, or separately if 14 |
|---|
| 36 | + | wages are paid by personal check or cash, an accurate written itemized statement showing: 15 |
|---|
| 37 | + | (1) Gross wages earned; 16 |
|---|
| 38 | + | (2) Total hours worked by the employee; 17 |
|---|
| 39 | + | (3) The number of piece-rate units earned and any applicable piece rate if the employee is 18 |
|---|
| 40 | + | paid on a piece-rate basis; 19 |
|---|
| 43 | | - | LC001760/SUB A - Page 2 of 4 |
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| 44 | | - | (b) All statements and records required to be furnished to an employee by this section may 1 |
|---|
| 45 | | - | be furnished as an electronic record. The employer shall furnish to an employee a printed or 2 |
|---|
| 46 | | - | handwritten record, in lieu of an electronic record, at no cost to the employee, when a written 3 |
|---|
| 47 | | - | authorization from such employee is provided to the employer. 4 |
|---|
| 48 | | - | 28-14-12. Employment records. 5 |
|---|
| 49 | | - | (a) Every employer shall keep a true and accurate record of each employee’s names, 6 |
|---|
| 50 | | - | address, title, hours worked and wages paid each pay period to each employee per pay period 7 |
|---|
| 51 | | - | including rate of pay and overtime wages and statements provided in accordance with § 28-14-2.1 8 |
|---|
| 52 | | - | in any form that may be prescribed by the director. The employer shall keep the records on file for 9 |
|---|
| 53 | | - | at least three (3) years after the entry of the record. 10 |
|---|
| 54 | | - | (b) Every employer shall provide each employee upon commencement of employment, a 11 |
|---|
| 55 | | - | written notice of employment terms, in English or in the language identified by each employee as 12 |
|---|
| 56 | | - | their primary language, which contains the following information: 13 |
|---|
| 57 | | - | (1) The rate or rates of pay and basis thereof, including whether the employee is to be paid 14 |
|---|
| 58 | | - | by the hour, shift, day, week, salary, piece, commission, or other method, and the specific 15 |
|---|
| 59 | | - | application of any additional rates; 16 |
|---|
| 60 | | - | (2) Allowances, if any, claimed, pursuant to permitted meals and lodging; 17 |
|---|
| 61 | | - | (3) Employer's policy on sick, vacation, personal leave, holidays and hours; 18 |
|---|
| 62 | | - | (4) The employee's employment status and whether the employee is exempt from minimum 19 |
|---|
| 63 | | - | wage and/or overtime; 20 |
|---|
| 64 | | - | (5) A list of deductions that may be made from the employee's pay; 21 |
|---|
| 65 | | - | (6) The number of days in a regular pay period, the regularly scheduled payday, and the 22 |
|---|
| 66 | | - | payday on which the employee will receive the first payment of wages earned; 23 |
|---|
| 67 | | - | (7) The legal name of the employer and the operating name of the employer, if different 24 |
|---|
| 68 | | - | from its legal name; 25 |
|---|
| 69 | | - | (8) The physical address of the employer's main office or principal place of business, and 26 |
|---|
| 70 | | - | its mailing address if different; 27 |
|---|
| 71 | | - | (9) The telephone number of the employer; and 28 |
|---|
| 72 | | - | (10) Shall be executed by the employee acknowledging the date of receipt. 29 |
|---|
| 73 | | - | (c) The employee has a right to inspect and copy, if upon request, their employment records 30 |
|---|
| 74 | | - | referred to in subsections (a) and (b) of this section. 31 |
|---|
| 75 | | - | (d) The employer shall keep the records referred to in subsections (a) and (b) of this section 32 |
|---|
| 76 | | - | on file for at least six (6) years after the entry of the record. 33 |
|---|
| 77 | | - | 28-14-20. Filing of claims. 34 |
|---|
| 43 | + | LC001760 - Page 2 of 4 |
|---|
| 44 | + | (4) The amount and purpose of each itemized deduction in understandable language and 1 |
|---|
| 45 | + | form; 2 |
|---|
| 46 | + | (5) Net wages earned; 3 |
|---|
| 47 | + | (6) The inclusive dates of the period for which the employee is paid; 4 |
|---|
| 48 | + | (7) The name of the employee and only the last four (4) digits of the employee's social 5 |
|---|
| 49 | + | security number or an employee identification number, other than a social security number; 6 |
|---|
| 50 | + | (8) The name and address of the legal entity that is the employer; and 7 |
|---|
| 51 | + | (9) All applicable hourly rates in effect during the pay period and the corresponding 8 |
|---|
| 52 | + | number of hours worked, at each hourly rate by the employee. The deductions made from payment 9 |
|---|
| 53 | + | of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, 10 |
|---|
| 54 | + | and year, and a copy of the statement and the record of the deductions shall be kept on file, in 11 |
|---|
| 55 | + | accordance with § 28-14-12. For purposes of this section, "copy" includes a duplicate of the 12 |
|---|
| 56 | + | itemized statement provided to an employee or a computer-generated record that accurately shows 13 |
|---|
| 57 | + | all of the information required by this section. 14 |
|---|
| 58 | + | (b) All statements and records required to be furnished to an employee by this section may 15 |
|---|
| 59 | + | be furnished as an electronic record. The employer shall furnish to an employee a printed or 16 |
|---|
| 60 | + | handwritten record, in lieu of an electronic record, at no cost to the employee, when a written 17 |
|---|
| 61 | + | authorization from such employee is provided to the employer. 18 |
|---|
| 62 | + | 28-14-12. Employment records. 19 |
|---|
| 63 | + | (a) Every employer shall keep a true and accurate record of hours worked and wages paid 20 |
|---|
| 64 | + | each pay period to each employee in any form that may be prescribed by the director. The employer 21 |
|---|
| 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 | + | employment, an employer shall provide each of its employees, a written notice, in English or in the 23 |
|---|
| 67 | + | language identified by each employee as their primary language, containing the following 24 |
|---|
| 68 | + | information: 25 |
|---|
| 69 | + | (1) The rate or rates of pay and basis thereof, including whether the employee is to be paid 26 |
|---|
| 70 | + | by the hour, shift, day, week, salary, piece, commission, or other method, and the specific 27 |
|---|
| 71 | + | application of any additional rates; 28 |
|---|
| 72 | + | (2) Allowances, if any, claimed, pursuant to permitted meals and lodging; 29 |
|---|
| 73 | + | (3) Employer's policy on sick, vacation, personal leave, holidays and hours; 30 |
|---|
| 74 | + | (4) The employee's employment status and whether the employee is exempt from minimum 31 |
|---|
| 75 | + | wage and/or overtime; 32 |
|---|
| 76 | + | (5) A list of deductions that may be made from the employee's pay; 33 |
|---|
| 77 | + | (6) The number of days in the pay period, the regularly scheduled payday, and the payday 34 |
|---|
| 80 | | - | LC001760/SUB A - Page 3 of 4 |
|---|
| 81 | | - | (a) All claims for wages may be filed with the director within three (3) years from the time 1 |
|---|
| 82 | | - | of services rendered by an employee to his or her employer. 2 |
|---|
| 83 | | - | (b) An aggrieved person who alleges a violation of any provision of this chapter may bring 3 |
|---|
| 84 | | - | a civil action for appropriate injunctive relief or actual damages or both within three (3) years after 4 |
|---|
| 85 | | - | the occurrence of the alleged violation of this chapter. 5 |
|---|
| 86 | | - | (c) An action commenced pursuant to subsection (b) may be brought in the court for the 6 |
|---|
| 87 | | - | county where the alleged violation occurred; the county where the complainant resides; or the 7 |
|---|
| 88 | | - | county where the employer against whom the civil complaint is filed resides or has his, her or its 8 |
|---|
| 89 | | - | principal place of business. 9 |
|---|
| 90 | | - | (d) As used in subsection (b), include two (2) times the wages owed to the employee for 10 |
|---|
| 91 | | - | the first offense and for violations of § 28-14-12 actual damages shall mean one hundred dollars 11 |
|---|
| 92 | | - | ($100.00) for each separate offense not to exceed two thousand five hundred dollars ($2,500.00). 12 |
|---|
| 93 | | - | (e) Attorney’s fees, including litigation expenses, may be granted to a prevailing plaintiff. 13 |
|---|
| 94 | | - | 28-14-23. Assignment of wage claims to director — Prosecution of actions. 14 |
|---|
| 95 | | - | The director shall have the power and authority to: 15 |
|---|
| 96 | | - | (1) Take assignments of wage claims and rights of action for penalties as provided by §§§ 16 |
|---|
| 97 | | - | 28-14-12, 28-14-17 and 28-14-19 without being bound by any of the technical rules with reference 17 |
|---|
| 98 | | - | to the validity of the assignments; 18 |
|---|
| 99 | | - | (2) Prosecute actions for the collection of the claims of persons who, in the judgment of 19 |
|---|
| 100 | | - | the director, have claims which are valid and enforceable in the courts; and 20 |
|---|
| 101 | | - | (3) Join various claimants in one preferred claim or lien, and in case of suit to join them in 21 |
|---|
| 102 | | - | one cause of action. 22 |
|---|
| 103 | | - | SECTION 3. This act shall take effect upon passage. 23 |
|---|
| 80 | + | LC001760 - Page 3 of 4 |
|---|
| 81 | + | on which the employee will receive the first payment of wages earned; 1 |
|---|
| 82 | + | (7) The legal name of the employer and the operating name of the employer, if different 2 |
|---|
| 83 | + | from its legal name; 3 |
|---|
| 84 | + | (8) The physical address of the employer's main office or principal place of business, and 4 |
|---|
| 85 | + | its mailing address if different; and 5 |
|---|
| 86 | + | (9) The telephone number of the employer. 6 |
|---|
| 87 | + | (b) The employer shall keep a copy of the notice provided pursuant to the provisions of 7 |
|---|
| 88 | + | subsection (a) of this section, signed by each employee, acknowledging their receipt of the notice. 8 |
|---|
| 89 | + | (c) Employers shall establish, maintain and preserve, for not less than six (6) years 9 |
|---|
| 90 | + | contemporaneously, true and accurate records of all of their employees' names, addresses, titles, 10 |
|---|
| 91 | + | pay rates, hours worked each workday and workweek, basis of pay, total regular wages earned per 11 |
|---|
| 92 | + | week, total overtime wages earned per week, deductions, dates of each pay period worked, and 12 |
|---|
| 93 | + | total wages paid each pay period. 13 |
|---|
| 94 | + | (d) The employee has a right to inspect and copy, if upon request, their employment records 14 |
|---|
| 95 | + | referred to in this section. 15 |
|---|
| 96 | + | (e) Presumed damages of one hundred dollars ($100) for each pay period in which the 16 |
|---|
| 97 | + | employer failed to properly maintain its employees' wage records, as required by this section, not 17 |
|---|
| 98 | + | to exceed, two thousand five hundred dollars ($2,500), plus counsel fees and their costs shall be 18 |
|---|
| 99 | + | awarded in any action brought by the director of labor and training on behalf of the employee or 19 |
|---|
| 100 | + | by the employee. 20 |
|---|
| 101 | + | (f) Upon written request of a complaining employee, who is entitled to bring an action 21 |
|---|
| 102 | + | pursuant to the provisions of this section, the director of labor and training may bring an action, in 22 |
|---|
| 103 | + | accordance with this section, and on behalf of the employee. 23 |
|---|
| 104 | + | (g) At the complaining employee's option, he or she may institute a private action, seeking 24 |
|---|
| 105 | + | an enforcement of their rights, monetary damages, and other applicable statutory remedies. 25 |
|---|
| 106 | + | SECTION 2. This act shall take effect upon passage. 26 |
|---|