2021 -- S 0139

========

LC000518

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES

     Introduced By: Senators Calkin, Mack, Anderson, Mendes, Bell, and Quezada

     Date Introduced: January 26, 2021

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-14-1 of the General Laws in Chapter 28-14 entitled "Payment of

Wages" is hereby amended to read as follows:

     28-14-1. Definitions.

     Whenever used in this chapter:

     (1) "Director" means the director of the department of labor and training or his or her duly

authorized representative.

     (2) "Employee" means any person suffered or permitted to work by an employer, except

that independent contractors or subcontractors shall not be considered employees.

     (3) "Employer" means any individual, firm, partnership, association, joint stock company,

trust, corporation, receiver, or other like officer appointed by a court of this state, and any agent or

officer of any of the previously mentioned classes, employing any person in this state.

     (4)(i) "Labor contractor" means an employer or a natural person, business, corporation, or

entity of any kind, regardless of its form, that provides a lead entity with employees, independent

contractors, subcontractors, or workers of any kind to perform labor or services.

     (ii) No requirement of a valid contract, written or otherwise, is implied by the term "labor

contractor."

     (iii) Independent contractors, subcontractors, or workers of any kind providing employees

to a lead entity, can be indirect or conducted through third-party subcontractors.

     (5) "Lead entity" means an employer or a natural person, business, corporation, or business

entity of any kind, regardless of its form, that obtains or is provided one or more worker(s) to

perform labor or services related to the lead entity's business activities, operations, or purposes

from a labor contractor.

     (4)(6) "Wages" means all amounts at which the labor or service rendered is recompensed,

whether the amount is fixed or ascertained on a time, task, piece, commission basis, or other method

of calculating the amount.

     SECTION 2. Chapter 28-14 of the General Laws entitled "Payment of Wages" is hereby

amended by adding thereto the following section:

     28-14-19.4. Lead entity liability.

     (a) A lead entity shall share with a labor contractor all civil legal responsibility and civil

liability for all workers supplied by that labor contractor for any violation of title 28. For purposes

of this section, the president and treasurer of a corporation and any officers or agents having the

management of such corporation shall also be deemed civilly liable for a violation of title 28.

     (b) The provisions of subsection (a) of this section are in addition to, and shall be

supplemental to any other theories of liability, grounds for enforcement action, or requirements

established by statute or law.

     (c) This section does not prohibit any person from establishing, exercising, or enforcing

any otherwise lawful rights or remedies.

     SECTION 3. This act shall take effect upon passage.

========

LC000518

========

LC000518 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES

***

     This act would define and recognize the existence and potential liability of lead entities

concerning the payment of wages.

     This act would take effect upon passage.

========

LC000518

========

LC000518 - Page 3 of 3