2024 -- S 2477

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LC004623

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES --

FREQUENCY OF PAYMENT

     Introduced By: Senators Ciccone, Acosta, F. Lombardi, and Britto

     Date Introduced: February 12, 2024

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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

of Wages" is hereby amended to read as follows:

     28-14-2.2. Frequency of payment.

     (a) Except as provided in §§ 28-14-4, and 28-14-5 and subsections (b) and (c) of this

section, every employee other than employees of the state and its political subdivisions, municipal

governments, and nonprofit organizations with less than twenty-five (25) employees and of

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

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

monthly, or yearly rate.

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

employers in the state of Rhode Island whose average payroll exceeds two hundred percent (200%)

of the state minimum wage as defined in § 28-12-3 to pay wages less frequently than weekly

provided:

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

twice per month;

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

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

employees subject to the petition; and

     (3) If the involved employees are subject to collective bargaining, the employer provides

the written consent of the collective bargaining representative for all involved employees.

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

employers in the state of Rhode Island whose average payroll is less than two hundred percent

(200%) of the state minimum wage as defined in § 28-12-3 to pay wages and salaries of their

employees less frequently than weekly provided:

     (1) The employer has supplied the department with the following information:

     (i) The method through which wages shall be paid;

     (ii) The requested frequency of payment;

     (iii) The employer’s designated payday(s);

     (iv) The classification of the employees involved;

     (v) The salary range of the employees involved; and

     (vi) The employer’s federal identification number;

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

twice per month;

     (3) The employer has no history of wage and hour violations;

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

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

employees subject to the petition; and

     (5) If the involved employees are subject to collective bargaining, the employer provides

the written consent of the collective bargaining representative for all involved employees.

     (d) If the director approves a written petition under subsection (b) or (c), the permission is

valid for an indefinite period of time, provided that:

     (1) Payroll is regularly satisfied on the designated payday;

     (2) The information provided by the employer to substantiate its request does not change;

and

     (3) The employer remains in compliance with all other state labor laws.

     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 --

FREQUENCY OF PAYMENT

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     This act would eliminate all exceptions to the provision that all employees are to be paid

weekly except for employees of the state and its political subdivisions, municipal governments, and

nonprofit organizations with less than twenty-five (25) employees, and those whose compensation

is fixed at a biweekly, semi-monthly, monthly or yearly rate.

     This act would take effect upon passage.

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