2022 -- S 2408 | |
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LC004343 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES | |
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Introduced By: Senators McCaffrey, Ciccone, Lawson, F Lombardi, Acosta, Murray, and | |
Date Introduced: February 15, 2022 | |
Referred To: Senate Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 28-14-17 of the General Laws in Chapter 28-14 entitled "Payment of |
2 | Wages" is hereby amended to read as follows: |
3 | 28-14-17. Penalty for violations. |
4 | (a) Any employer who violates or fails to comply with any of the provisions of this chapter |
5 | shall be guilty of a misdemeanor, or in cases of nonpayment of wages, if the value of the wages |
6 | due to an employee is less than one thousand five hundred dollars ($1,500) or in instances of a |
7 | violation of § 28-14-19.1, and upon conviction of the misdemeanor, the employer shall be punished |
8 | by a fine of not less than four hundred dollars ($400) for each separate offense, or by imprisonment |
9 | of up to one year, or by both fine and imprisonment. Each day of failure to pay wages due an |
10 | employee at the time specified in this chapter shall constitute a separate and distinct violation. |
11 | (b) Any employer who violates or fails to comply with any of the provisions of this chapter, |
12 | shall be guilty of a felony, if the value of the wages due to an employee is one thousand five hundred |
13 | dollars ($1,500) or more. Any employer who violates § 28-14-19.1, would also be guilty of a felony, |
14 | if the violation was a knowing violation or a second or subsequent violation of § 28-14-19.1. Upon |
15 | a plea or conviction to a felony, the employer shall be subject to the following penalties: |
16 | (1) If the value of the wages is between one thousand five hundred dollars ($1,500) and |
17 | five thousand dollars ($5,000) or in instances of a first offense of a knowing violation of § 28-14- |
18 | 19.1, by imprisonment for not more than three (3) years or by a fine of not more than twice the |
19 | value of the wages or ten thousand dollars ($10,000), whichever is greater, or both; |
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1 | (2) If the value of the wages exceeds five thousand dollars ($5,000) or in instances of a |
2 | second or subsequent offense of a knowing violation of § 28-14-19.1, by imprisonment for not |
3 | more than five (5) years or a fine of not more than three (3) times the value of the wages or twenty |
4 | thousand dollars ($20,000), whichever is greater, or both. |
5 | (b)(c) Any employer found guilty of violations of this chapter who does not pay wages and |
6 | fines within thirty (30) days of a final decision and after notification by the department of labor and |
7 | training, may have his, her or its business license revoked by the state of Rhode Island until he, she |
8 | or it pays such wages and fines in full or enters into a payment agreement with which he, she or it |
9 | stays in compliance. |
10 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES | |
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1 | This act would increase the criminal penalties for wage theft and employee |
2 | misclassifications. |
3 | This act would take effect upon passage. |
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