AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES (Eliminates prescribed timelines for hearing and determination in certain enforcement actions before the department labor and training to align with reasonable practice.)

S3049

2026 -- S 3049
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LC005371
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES

Introduced By:
Senators Dimitri, Thompson, Raptakis, and Famiglietti

Date Introduced:
March 05, 2026

Referred To:
Senate Labor & Gaming
(Dept. of Labor & Training)
It is enacted by the General Assembly as follows:
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SECTION 1. Section 28-14-19 of the General Laws in Chapter 28-14 entitled "Payment of
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Wages" is hereby amended to read as follows:
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28-14-19. Enforcement powers and duties of director of labor and training.
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(a) It shall be the duty of the director to ensure compliance with the provisions of this
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chapter and chapter 12 of this title. The director, or the director’s designee, may investigate any
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violations thereof, institute or cause to be instituted actions for the collection of wages, and institute
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action for penalties or other relief as provided for within and pursuant to those chapters. The
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director, or the director’s authorized representatives, are empowered to hold hearings, and the
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director or the director’s designee shall cooperate with any employee in the enforcement of a claim
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against the employee’s employer in any case whenever, in the opinion of the director or the
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director’s designee, the claim is just and valid.
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(b) Upon receipt of a complaint or conducting an inspection under applicable law, the
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director, or the director’s appropriate departmental designee, is authorized to investigate to
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determine compliance with this chapter and chapter 12 of this title. The director or designee shall
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forward all complaints to the investigatory team within the department of labor and training who
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shall conduct the initial screening, investigation, and field audits, as set forth in § 28-14-19.1.
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(c) With respect to all complaints deemed just and valid by the investigatory team, the
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director, or the director’s designee, shall order a hearing thereon at a time and place to be specified,
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and shall give notice thereof, together with a copy of the complaint or the purpose thereof, or a

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statement of the facts disclosed upon investigation, which notice shall be served personally or by
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mail on any person, business, corporation, or entity of any kind affected thereby. The hearing shall
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be scheduled
within thirty (30) days of

in a reasonable and timely manner, not to exceed one
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hundred and eighty (180) days after
service of a formal complaint as provided herein. The person,
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business, corporation, or entity shall have an opportunity to be heard in respect to the matters
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complained of at the time and place specified in the notice. The hearing shall be conducted by the
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director or the director’s designee. The hearing officer in the hearing shall be deemed to be acting
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in a judicial capacity, and shall have the right to issue subpoenas, administer oaths, and examine
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witnesses. The enforcement of a subpoena issued under this section shall be regulated by Rhode
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Island civil practice law and rules. The hearing shall be expeditiously conducted and upon such
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hearing the hearing officer shall determine the issues raised thereon and shall make a determination
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and enter an order
within thirty (30) days of

in a reasonable and timely manner, not to exceed one
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hundred and eighty (180) days after
the close of the hearing, and forthwith serve a copy of the
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order, with a notice of the filing thereof, upon the parties to the proceeding, personally or by mail.
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The order shall dismiss the complaint or direct payment of any wages and/or benefits found to be
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due and/or award such other appropriate relief or penalties authorized under this chapter and
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chapter 12 of this title, and the order may direct payment of reasonable attorney’s fees and costs to
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the complaining party. Interest at the rate of twelve percent (12%) per annum shall be awarded in
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the order from the date of the nonpayment to the date of payment.
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(d) The order shall also require payment of a further sum as a civil penalty in an amount
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up to two (2) times the total wages and/or benefits found to be due, exclusive of interest, which
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shall be shared equally between the department and the aggrieved party. In determining the amount
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of any penalty to impose, the director, or the director’s designee, shall consider the size of the
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employer’s business, the good faith of the employer, the gravity of the violation, the previous
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violations, and whether or not the violation was an innocent mistake or willful.
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(e) The director may institute any action to recover unpaid wages or other compensation or
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obtain relief as provided under this section with or without the consent of the employee or
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employees affected.
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(f) No agreement between the employee and employer to work for less than the applicable
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wage and/or benefit rate or to otherwise work under conditions in violation of applicable law is a
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defense to an action brought pursuant to this section.
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(g) The director shall notify the contractors’ registration board of any order issued or any
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determination hereunder that an employer has violated this chapter, chapter 12 of this title, or
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chapter 13 of title 37. The director shall notify the tax administrator of any determination hereunder

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that may affect liability for an employer’s payment of wages and/or payroll taxes.
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SECTION 2. Section 37-13-14.1 of the General Laws in Chapter 37-13 entitled "Labor and
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Payment of Debts by Contractors" is hereby amended to read as follows:
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37-13-14.1. Enforcement — Hearings.
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(a) Before issuing an order or determination, the director of labor and training shall order
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a hearing thereon at a time and place to be specified, and shall give notice thereof, together with a
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copy of the complaint or the purpose thereof, or a statement of the facts disclosed upon
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investigation, which notice shall be served personally or by mail on any person, firm, or corporation
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affected thereby. The person, firm, or corporation shall have an opportunity to be heard in respect
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to the matters complained of at the time and place specified in the notice
, which time shall be not
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less than five (5) days from the service of the notice personally or by mail. The hearing shall be
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held within ten (10) days from the order of hearing
. The hearing shall be conducted by the director
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of labor and training or his or her designee. The hearing officer in the hearing shall be deemed to
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be acting in a judicial capacity and shall have the right to issue subpoenas, administer oaths, and
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examine witnesses. The enforcement of a subpoena issued under this section shall be regulated by
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Rhode Island civil practice law and rules. The hearing shall be expeditiously conducted, and upon
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such hearing, the hearing officer shall determine the issues raised thereon and shall make a
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determination and enter an order
within ten (10) days of

after
the close of the hearing, and forthwith
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serve a copy of the order, with a notice of the filing thereof, upon the parties to the proceeding,
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personally or by mail. The order shall dismiss the charges or direct payment of wages or
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supplements found to be due, including interest at the rate of twelve percentum (12%) per annum
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from the date of the underpayment to the date of payment, and may direct payment of reasonable
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attorney’s fees and costs to the complaining party.
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(b) In addition to directing payment of wages or supplements including interest found to
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be due, the order shall also require payment of a further sum as a civil penalty in an amount up to
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three times the total amount found to be due. Further, if the amount of salary owed to an employee
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pursuant to this chapter but not paid to the employee in violation of thereof exceeds five thousand
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dollars ($5,000), it shall constitute a misdemeanor and shall be referred to the office of the attorney
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general. The misdemeanor shall be punishable for a period of not more than one year in prison
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and/or fined not more than one thousand dollars ($1,000). In assessing the amount of the penalty,
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due consideration shall be given to the size of the employer’s business, the good faith of the
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employer, the gravity of the violation, the history of previous violations, and the failure to comply
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with recordkeeping or other nonwage requirements. The surety of the person, firm, or corporation
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found to be in violation of the provisions of this chapter shall be bound to pay any penalties assessed

LC005371 - Page 3 of 6
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on such person, firm, or corporation. The penalty shall be paid to the department of labor and
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training for deposit in the state treasury; provided, however, it is hereby provided that the general
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treasurer shall establish a dedicated “prevailing wages enforcement fund” for the purpose of
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depositing the penalties paid as provided herein. There is hereby appropriated to the annual budget
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of the department of labor and training the amount of the fund collected annually under this section,
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to be used at the direction of the director of labor and training for the sole purpose of enforcing
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prevailing wage rates as provided in this chapter.
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(c) For the purposes of this chapter, each day or part thereof of violation of any provision
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of this chapter by a person, firm, or corporation, whether the violation is continuous or intermittent,
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shall constitute a separate and succeeding violation.
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(d) In addition to the above, any person, firm, or corporation found in violation of any of
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the provisions of this chapter by the director of labor and training, an awarding authority, or the
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hearing officer, shall be ineligible to bid on, or be awarded work by, an awarding authority or
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perform any such work for a period of no less than eighteen (18) months and no more than thirty-
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six (36) months from the date of the order entered by the hearing officer. Once a person, firm, or
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corporation is found to be in violation of this chapter, all pending bids with any awarding authority
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shall be revoked, and any bid awarded by an awarding authority prior to the commencement of the
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work shall also be revoked.
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(e) In addition to the above, any person, firm, or corporation found to have committed two
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(2) or more willful violations in any period of eighteen (18) months of any of the provisions of this
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chapter by the hearing officer, which violations are not arising from the same incident, shall be
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ineligible to bid on, or be awarded work by, an awarding authority or perform any work for a period
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of sixty (60) months from the date of the second violation.
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(f) The order of the hearing officer shall remain in full force and effect unless stayed by
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order of the superior court.
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(g) The director of labor and training, awarding authority, or hearing officer shall notify
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the bonding company of any person, firm, or corporation suspected of violating any section of this
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chapter. The notice shall be mailed certified mail and shall enumerate the alleged violations being
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investigated.
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(h) In addition to the above, any person, firm, or corporation found to have willfully made
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a false or fraudulent representation on certified payroll records shall be referred to the office of the
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attorney general. A first violation of this section shall be considered a misdemeanor and shall be
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punishable for a period of not more than one year in prison and/or fined one thousand dollars
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($1,000). A second or subsequent violation of this section shall be considered a felony and shall be

LC005371 - Page 4 of 6
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punishable for a period of not more than three (3) years imprisonment, a fine of three thousand
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dollars ($3,000), or both. Further, any person, firm, or corporation found to have willfully made a
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false or fraudulent representation on certified payroll records shall be required to pay a civil penalty
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to the department of labor and training in an amount of no less than two thousand dollars ($2,000)
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and not greater than fifteen thousand dollars ($15,000) per representation.
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SECTION 3. 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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This act would eliminate prescribed timelines for hearing and determination in certain
2
enforcement actions before the department labor and training to align with reasonable practice.
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This act would take effect upon passage.
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LC005371
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