Section 28-14-31. – Wages upon return from layoff.
§ 28-14-31. Wages upon return from layoff. Whenever an employee who has worked for an employer for more than one year is separated from work by a “layoff,” the employer shall offer to pay to the employee the same wages earned at the time of the separation upon the employee’s later return to work at […]
Section 28-14-19.1. – Misclassification of employees.
§ 28-14-19.1. Misclassification of employees. (a) The misclassification of a worker whether performing work as a natural person, business, corporation, or entity of any kind, as an independent contractor when the worker should be considered and paid as an employee shall be considered a violation of this chapter. (b) In addition to any other relief […]
Section 28-14-19.2. – Private right of action to collect wages or benefits and for equitable relief.
§ 28-14-19.2. Private right of action to collect wages or benefits and for equitable relief. (a) Any employee or former employee, or any organization representing the employee or former employee aggrieved by the failure to pay wages and/or benefits or misclassification in violation of chapter 12 of this title and/or this chapter may file a […]
Section 28-14-19.3. – Protection from retaliation.
§ 28-14-19.3. Protection from retaliation. No employer, or any person acting on behalf of the employer, shall discharge, threaten, or otherwise discriminate or retaliate against an employee or any other person for asserting, supporting, reporting, or participating in or being asked to participate in the investigation or determination of claim violation or actionable under this […]
Section 28-14-20. – Filing of claims.
§ 28-14-20. Filing of claims. (a) 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) An aggrieved person who alleges a violation of any provision of this chapter may bring a civil action for appropriate […]
Section 28-14-15. – Subpoena powers.
§ 28-14-15. Subpoena powers. The director and his or her authorized representatives shall have the power to administer oaths and examine witnesses under oath, issue subpoenas, subpoenas duces tecum, compel the attendance of witnesses, and the production of papers, books, accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in any proceeding […]
Section 28-14-16. – Compelling obedience to subpoenas.
§ 28-14-16. Compelling obedience to subpoenas. In case of failure of any person to comply with any lawfully issued subpoena, or subpoena duces tecum, or on the refusal of any witness to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of the superior court, or […]
Section 28-14-17. – Penalty for violations.
§ 28-14-17. Penalty for violations. (a) Any employer who or that 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 […]
Section 28-14-17.1. – Administrative assessment.
§ 28-14-17.1. Administrative assessment. (a) Any employer found to have violated the provisions of this chapter upon final determination by the department of labor and training, including claims settled via settlement agreement and administrative hearing, shall be assessed an administrative penalty equal to fifteen percent (15%) to twenty-five percent (25%) of the amount of back […]
Section 28-14-18. – [Repealed.]
§ 28-14-18. [Repealed.] History of Section.P.L. 1992, ch. 179, § 2; Repealed by P.L. 2012, ch. 306, § 3; P.L. 2012, ch. 344, § 3, effective June 20, 2012.