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5 | 5 | | 2025 -- H 5679 |
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6 | 6 | | ======== |
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7 | 7 | | LC001246 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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 Giraldo, Alzate, Potter, Morales, Biah, Felix, and Tanzi |
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17 | 17 | | Date Introduced: February 26, 2025 |
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18 | 18 | | Referred To: House Labor |
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19 | 19 | | |
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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 28-14-2.1 and 28-14-12 of the General Laws in Chapter 28-14 1 |
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23 | 23 | | entitled "Payment of Wages" are hereby amended to read as follows: 2 |
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24 | 24 | | 28-14-2.1. Statement of earnings. 3 |
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25 | 25 | | (a) On every regular payday, every employer shall furnish to any employee the following: 4 |
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26 | 26 | | (1) A statement of the hours worked by that employee during the applicable pay period; 5 |
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27 | 27 | | provided, that the statement need not be furnished to an employee described in § 28-12-4.3; 6 |
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28 | 28 | | (2) A record of all deductions made from that employee’s gross earnings during the pay 7 |
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29 | 29 | | period together with an explanation of the basis or reason for the deductions; and 8 |
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30 | 30 | | (3) For employers engaged only in the commercial construction industry, a record of the 9 |
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31 | 31 | | employee’s hourly regular rate of pay. As used in this subsection, “commercial construction 10 |
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32 | 32 | | industry” includes a business that engages in the doing of work or the furnishing of materials, or 11 |
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33 | 33 | | both, in the building, erection, alteration, or preparation of an improvement on commercial real 12 |
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34 | 34 | | property. An employer, at the time of each payment of wages, shall furnish to their employee, either 13 |
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35 | 35 | | as a detachable part of the check, draft, or voucher paying the employee's wages, or separately if 14 |
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36 | 36 | | wages are paid by personal check or cash, an accurate written itemized statement showing: 15 |
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37 | 37 | | (1) Gross wages earned; 16 |
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38 | 38 | | (2) Total hours worked by the employee; 17 |
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39 | 39 | | (3) The number of piece-rate units earned and any applicable piece rate if the employee is 18 |
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40 | 40 | | paid on a piece-rate basis; 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC001246 - Page 2 of 4 |
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44 | 44 | | (4) The amount and purpose of each itemized deduction in understandable language and 1 |
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45 | 45 | | form; 2 |
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46 | 46 | | (5) Net wages earned; 3 |
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47 | 47 | | (6) The inclusive dates of the period for which the employee is paid; 4 |
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48 | 48 | | (7) The name of the employee and only the last four (4) digits of the employee's social 5 |
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49 | 49 | | security number or an employee identification number, other than a social security number; 6 |
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50 | 50 | | (8) The name and address of the legal entity that is the employer; and 7 |
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51 | 51 | | (9) All applicable hourly rates in effect during the pay period and the corresponding 8 |
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52 | 52 | | number of hours worked, at each hourly rate by the employee. The deductions made from payment 9 |
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53 | 53 | | of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, 10 |
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54 | 54 | | and year, and a copy of the statement and the record of the deductions shall be kept on file, in 11 |
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55 | 55 | | accordance with § 28-14-12. For purposes of this section, "copy" includes a duplicate of the 12 |
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56 | 56 | | itemized statement provided to an employee or a computer-generated record that accurately shows 13 |
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57 | 57 | | all of the information required by this section. 14 |
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58 | 58 | | (b) All statements and records required to be furnished to an employee by this section may 15 |
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59 | 59 | | be furnished as an electronic record. The employer shall furnish to an employee a printed or 16 |
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60 | 60 | | handwritten record, in lieu of an electronic record, at no cost to the employee, when a written 17 |
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61 | 61 | | authorization from such employee is provided to the employer. 18 |
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62 | 62 | | 28-14-12. Employment records. 19 |
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63 | 63 | | (a) Every employer shall keep a true and accurate record of hours worked and wages paid 20 |
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64 | 64 | | each pay period to each employee in any form that may be prescribed by the director. The employer 21 |
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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 |
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66 | 66 | | employment, an employer shall provide each of its employees, a written notice, in English, 23 |
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67 | 67 | | containing the following information: 24 |
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68 | 68 | | (1) The rate or rates of pay and basis thereof, including whether the employee is to be paid 25 |
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69 | 69 | | by the hour, shift, day, week, salary, piece, commission, or other method, and the specific 26 |
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70 | 70 | | application of any additional rates; 27 |
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71 | 71 | | (2) Allowances, if any, claimed, pursuant to permitted meals and lodging; 28 |
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72 | 72 | | (3) Employer's policy on sick, vacation, personal leave, holidays and hours; 29 |
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73 | 73 | | (4) The employee's employment status and whether the employee is exempt from minimum 30 |
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74 | 74 | | wage and/or overtime; 31 |
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75 | 75 | | (5) A list of deductions that may be made from the employee's pay; 32 |
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76 | 76 | | (6) The number of days in the pay period, the regularly scheduled payday, and the payday 33 |
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77 | 77 | | on which the employee will receive the first payment of wages earned; 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC001246 - Page 3 of 4 |
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81 | 81 | | (7) The legal name of the employer and the operating name of the employer, if different 1 |
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82 | 82 | | from its legal name; 2 |
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83 | 83 | | (8) The physical address of the employer's main office or principal place of business, and 3 |
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84 | 84 | | its mailing address if different; and 4 |
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85 | 85 | | (9) The telephone number of the employer. 5 |
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86 | 86 | | (b) The employer shall keep a copy of the notice provided pursuant to the provisions of 6 |
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87 | 87 | | subsection (a) of this section, signed by each employee, thereby acknowledging their receipt of the 7 |
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88 | 88 | | notice. 8 |
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89 | 89 | | SECTION 2. This act shall take effect upon passage. 9 |
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90 | 90 | | ======== |
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91 | 91 | | LC001246 |
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92 | 92 | | ======== |
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93 | 93 | | |
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94 | 94 | | |
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95 | 95 | | LC001246 - Page 4 of 4 |
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96 | 96 | | EXPLANATION |
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97 | 97 | | BY THE LEGISLATIVE COUNCIL |
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98 | 98 | | OF |
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99 | 99 | | A N A C T |
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100 | 100 | | RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES |
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101 | 101 | | *** |
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102 | 102 | | This act would require the employer, at the time of hiring, to furnish to their employees an 1 |
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103 | 103 | | itemized list of the terms and conditions of the employee's employment. It would mandate that the 2 |
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104 | 104 | | employer provide every employee, each payday, a pay stub, explaining exactly how their wages 3 |
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105 | 105 | | were calculated and the reason for each deduction from their gross wages. 4 |
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106 | 106 | | This act would take effect upon passage. 5 |
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107 | 107 | | ======== |
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108 | 108 | | LC001246 |
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