2013 -- H 5786 SUBSTITUTE A

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LC01593/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS - PAYMENT OF WAGES

     Introduced By: Representatives Williams, Palangio, Hearn, Winfield, and Carnevale

     Date Introduced: February 28, 2013

     Referred To: House Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-14-2.2 of the General Laws in Chapter 28-14 entitled "Payment

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of Wages" is hereby amended to read as follows:

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     28-14-2.2. Frequency of payment. -- (a) Except as provided in sections 28-14-4 and 28-

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14-5, every employee other than employees of the state and its political subdivisions and of

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religious, literary, or charitable corporations shall be paid weekly all due wages from his or her

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employer, except those employees whose compensation is fixed at a biweekly, semi-monthly,

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monthly, or yearly rate.

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      (b) The director may, upon written petition showing good and sufficient reason, permit

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the employer and its affiliates to pay wages less frequently than weekly provided that a business

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meets requirements provided for in either subdivision (b)(1) or (b)(2).: (1) The employer and its

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affiliates have more than two thousand five hundred (2500) one thousand two hundred (1,200)

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employees located in Rhode Island; (2) The employer's average payroll exceeds one hundred

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thirty-five percent (135%) two hundred percent (200%) of the average compensation of all

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employees in the state as defined in subsection 42-64.11-2(c) state minimum wage; (3) The

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employer makes payment of wages regularly on a predesignated date no less than twice per

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month; and (4) The employer provides proof of a surety bond or other sufficient demonstration of

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security in the amount of the highest biweekly payroll exposure in the preceding year for the

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employees subject to the petition.

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     (1)(i) The employer and its affiliates have more than two thousand five hundred (2,500)

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employees located in Rhode Island;

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     (ii) The employer's average payroll exceeds one hundred thirty-five percent (135%) of the

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average compensation of all employees in the state as defined in subsection 42-64.1-2(c);

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     (iii) The employer makes payment of wages regularly on a predesignated date no less

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than twice per month; and

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     (iv) The employer provides proof of a surety bond or other sufficient demonstration of

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security in the amount of the highest biweekly payroll exposure in the preceding year for the

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employees subject to the petition; or

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     (2)(i) The employer and its affiliates are in the automobile club business;

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     (ii) The employer and its affiliates have more than one thousand two hundred (1,200)

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employees located in Rhode Island;

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     (iii) The employer makes payment of wages regularly on a predesignated date no less

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than twice per month; and

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     (iv) The employer provides proof of a surety bond or other sufficient demonstration of

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security in the amount of the highest biweekly payroll exposure in the preceding year for the

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employees subject to the petition.

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     SECTION 2. This act shall take effect upon passage.

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LC01593/SUB A

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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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     This act would allow some large Rhode Island employers, under certain expressed

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conditions, the right to pay their employees wages no less than twice per month.

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     This act would take effect upon passage.

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LC01593/SUB A

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