Chapter 597
2004 --
H 7308 SUBSTITUTE B
Enacted
07/30/04
A N A C T
RELATING
TO LABOR AND PAYMENT OF DEBTS BY CONTRACTORS
Introduced
By: Representatives Moura, and Montanaro
Date
Introduced: January 21, 2004
It
is enacted by the General Assembly as follows:
SECTION
1. Chapter 37-13 of the General Laws entitled "Labor and Payment of Debts
by
Contractors" is hereby amended by adding thereto the following section:
37-13-17.
Private right of action to collect wages or benefits. – (a) An
employee or
former
employee, or any organization representing such an employee or former employee,
of a
contractor
or subcontractor may bring a civil action for a violation of section 37-13-7
for
appropriate
injunctive relief, or actual damages, or both within three (3) years after the
occurrence
of
the alleged violation. An action commenced pursuant to this section, may be
brought in the
superior
court for the county where the alleged violation occurred, the county where the
complainant
resides, or the county where the person against whom in the civil complaint is
filed
resides
or has their principal place of business. Any contractor or subcontractor who
violates the
provisions
of section 37-13-7 shall be liable to the affected employee or employees in the
amount
of
unpaid wages or benefits, plus interest. A civil action filed in court under
this section may be
instituted
instead of, but not in addition to the director of labor and training
enforcement
procedures
authorized by section 37-13-14.1, provided the civil action is filed prior to
the date the
director
of labor and training issues notice of an administrative hearing.
(b)
An employer's responsibility and liability is solely for its own employees.
(c)
An action instituted pursuant to this section may be brought by one or more
employees
or former employees on behalf of himself/herself or themselves and other
employees
similarly
situated, except that no employee shall be a party plaintiff to any such action
unless
he/she
gives his/her consent in writing to become such a party and such consent is
filed in the
court
in which such action is brought.
(d)
In an action filed under this section in which the plaintiff prevails, the
court shall, in
addition
to any judgment awarded to the plaintiff, require reasonable attorneys' fees
and the costs
of
the action to be paid by the defendant.
(e)
The court in an action filed under this section shall award affected employees
or
former
employees liquidated damages in an amount equal to two (2) times the amount of
unpaid
wages
or benefits owed. Unpaid fringe benefit contributions owed pursuant to this
section in any
form
shall be paid to the appropriate benefit fund, however, in the absence of an
appropriate fund
the
benefit shall be paid directly to the individual.
(f)
The filing of a civil action under this section shall not preclude the director
of labor
and
training from referring a matter to the attorney general as provided in subsection
37-13-
14.1(b),
from prohibiting a contractor or subcontractor from bidding on or otherwise
participating
in
contracts as provided in subsections 37-13-14.1(d), (e) and (h), or from
prohibiting termination
of
work on failure to pay agreed wages pursuant to section 37-13-16.
(g)
Any person, firm, or corporation found to have willfully made a false or
fraudulent
representation
in connection with wage obligations owed on a contract shall be required to pay
a
civil
penalty to the department of labor and training in an amount of no less than
one thousand
dollars
($1,000) and not greater than three thousand dollars ($3,000) per
representation. Such
penalties
shall be recoverable in civil actions filed pursuant to this section. For
purposes of this
subsection
"willfully" shall mean representations that are known to be false, or
representations
made
with deliberate ignorance or reckless disregard for their truth or falsity.
(h)
An employer shall not discharge, threaten or otherwise discriminate against an
employee
or former employee regarding compensation terms, conditions, locations or
privileges
of
employment because the employee or former employee, or a person or organization
acting on
their
behalf: (1) reports or makes a complaint under this section; or otherwise
assets his or her
rights
under this section; and/or (2) participates in any investigation, hearing or
inquiry held by
the
director of labor and training under section 37-13-14.1. In the event a
contractor or
subcontractor
retaliates or discriminates against an employee in violation of this section,
the
affected
employee may file an action in any court of competent jurisdiction and the
court shall
order
reinstatement and/or restitution of the affected employee, as appropriate, with
back pay to
the
date of the violation, and an additional amount in liquidated damages equal to
two (2) times
the
amount of back pay and reasonable attorneys' fees and costs.
(i)
If any one or more subsections of this section shall for any reason be adjudged
unconstitutional
or otherwise invalid, the judgment shall not affect, impair, or invalidate the
remaining
subsections.
SECTION
2. This act shall take effect upon passage.
=======
LC00629/SUB
B
=======