(a) Except as provided in §§ 28-14-4, 28-14-5 and subsections (b) and (c) of this section, every employee other than employees of the state and its political subdivisions and of religious, literary, or charitable corporations shall be paid weekly all due wages from his or her 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.
History of Section.
P.L. 1977, ch. 223, § 2; P.L. 2011, ch. 340, § 1; P.L. 2011, ch. 372, § 1; P.L. 2012, ch. 272, § 1; P.L. 2012, ch. 282, § 1; P.L. 2013, ch. 269, § 1; P.L. 2013, ch. 349, § 1.