law16436

Chapter 436

2016 -- S 2475
Enacted 07/12/2016

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES

Introduced By: Senators Nesselbush, P Fogarty, Ruggerio, Lombardo, and Lombardi

Date Introduced: February 11, 2016

It is enacted by the General Assembly as follows:

SECTION 1. Section 28-12-2 of the General Laws in Chapter 28-12 entitled "Minimum

Wages" is hereby amended to read as follows:

28-12-2. Definitions. -- As used in this chapter:

(1) "Advisory board" means a board created as provided in § 28-12-6;

(2) "Commissioner" means the minimum-wage commissioner appointed by the director

of labor and training as chief of the division of labor standards;

(3) "Director" means the director of labor and training, or his or her duly authorized

representative;

(4) "Employ" means to suffer or to permit to work;

(5) "Employee" includes any individual employed suffered or permitted to work by an

employer;, but shall not include:

(6) "Employee" shall not include:

(i) Any individual employed in domestic service or in or about a private home;

(ii) Any individual employed by the United States;

(iii) Any individual engaged in the activities of an educational, charitable, religious, or

nonprofit organization where the employer-employee relationship does not, in fact, exist, or

where the services rendered to the organizations are on a voluntary basis;

(iv) Newspaper deliverers on home delivery, shoe shiners in shoe shine establishments,

caddies on golf courses, pin persons in bowling alleys, ushers in theatres;

(v) Traveling salespersons or outside salespersons;

(vi) Service performed by an individual in the employ of his or her son, daughter, or

spouse and service performed by a child under the age of twenty-one (21) in the employ of his or

her father or mother;

(vii) Any individual employed between May 1 and October 1 in a resort establishment

which that regularly serves meals to the general public and which that is open for business not

more than six (6) months a year;

(viii) Any individual employed by an organized camp which that does not operate for

more than seven (7) months in any calendar year. However, this exemption does not apply to

individuals employed by the camp on an annual, full-time basis. "Organized camp" means any

camp, except a trailer camp, having a structured program including, but not limited to, recreation,

education, and religious, or any combination of these.

(6)(7) "Employer" includes any individual, partnership, association, corporation,

business trust, or any person, or group of persons, acting directly, or indirectly, in the interest of

an employer, in relation to an employee;

(7)(8) "Occupation" means any occupation, service, trade, business, industry, or branch

or group of industries or employment or class of employment in which individuals are gainfully

employed;

(8)(9) "Wage" means compensation due to an employee by reason of his or her

employment.

SECTION 2. Section 28-14-17 and 28-14-20 of the General Laws in Chapter 28-14

entitled "Payment of Wages" are hereby amended to read as follows:

28-14-17. Penalty for violations. – (a) Any employer who violates or fails to comply

with any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction

of the misdemeanor, the employer shall be punished by a fine of not less than four hundred

dollars ($400) for each separate offense, or by imprisonment of up to one year, or by both fine

and imprisonment. Each day of failure to pay wages due an employee at the time specified in this

chapter shall constitute a separate and distinct violation.

(b) Any employer found guilty of violations of this chapter who does not pay wages and

fines within thirty (30) days of a final decision and after notification by the department of labor

and training, may have his, her or its business license revoked by the state of Rhode Island until

he, she or it pays such wages and fines in full or enters into a payment agreement with which he,

she or it stays in compliance.

28-14-20. Filing of claims with director. -- Filing of claims. -- (a) All claims for wages

due must be filed with the director within three (3) years from time of services rendered by an

employee to his or her employer. All claims for wages may be filed with the director within three

(3) years from the time of services rendered by an employee to his or her employer.

(b) A claim may be filed by a person who is required to be paid wages for his or her

labor; or if a minor, by his or her parent or guardian; or by the lawful collective bargaining

representative of the person; or a representative authorized in writing by the employee. An

aggrieved person who alleges a violation of any provision of this chapter may bring a civil action

for appropriate injunctive relief or actual damages or both within three (3) years after the

occurrence of the alleged violation of this chapter.

county where the alleged violation occurred; the county where the complainant resides; or the

county where the employer against whom the civil complaint is filed resides or has his, her or its

principal place of business.

(d) As used in subsection (b), damages include two (2) times the wages owed to the

employee for the first offense.

(e) Attorney's fees, including litigation expenses, may be granted to a prevailing plaintiff.

SECTION 3. This act shall take effect upon passage.

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