Rhode Island General Laws 28-6-19. Enforcement of provisions
The director of labor and training shall have the power and it shall be the director’s duty to carry out the provisions of § 28-6-17 — § 28-6-21.
History of Section.
P.L. 1946, ch. 1786, § 3; G.L. 1956, § 28-6-19.
Terms Used In Rhode Island General Laws 28-6-19
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of labor and training. See Rhode Island General Laws 28-29-2
- Director: means the director of labor and training. See Rhode Island General Laws 28-6-17
- Employee: means any person as defined in § 28-14-1. See Rhode Island General Laws 28-6-17
- Employer: includes any person acting in the interest of an employer directly or indirectly. See Rhode Island General Laws 28-6-17
- Employment: means any employment under contract of hire, expressed or implied, written or oral, including all contracts entered into by helpers and assistants of employees, whether paid by employer or employee, if employed with the knowledge, actual or constructive, of the employer in which all or the greater part of the work is to be performed within the state. See Rhode Island General Laws 28-6-17
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Subpoena: A command to a witness to appear and give testimony.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Wage: means all amounts at which the labor or service rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, commission basis, or other method of calculating the amount, and includes benefits. See Rhode Island General Laws 28-6-17
§ 28-6-19. Enforcement of provisions. [Effective January 1, 2023.]
(a) The director of labor and training shall have the power and it shall be the director’s duty to carry out the provisions of § 28-6-17 — § 28-6-24.
(b) In carrying out these provisions, the director shall have the same powers and duties as set forth in chapter 14 of this title to investigate, inspect, subpoena, and enforce any violations through administrative hearing complaints.
(c) The director shall be entitled to the same rights and remedies as set forth in chapter 14 of this title for an employer‘s effort to obstruct the director and authorized representatives in the performance of their duties.
(d) The department of labor and training and the commission for human rights shall cooperate in the investigation of charges filed under this section, when the allegations are within the jurisdiction of both agencies.
(e) At the request of any party aggrieved by a violation of this chapter, the director of labor and training may take an assignment of the claim in trust for the assigning aggrieved party and may bring any legal action necessary to collect the claim. The director of labor and training shall not be required to pay the filing fee or other costs in connection with any action. The director of labor and training shall have the power to join various claimants against the employer, in one cause of action. If the director of labor and training prevails in an enforcement action, the aggrieved party shall be awarded damages and the department of labor and training shall be awarded penalties in accordance with § 28-6-20 and § 28-6-21.
(f) An applicant for employment, an employee, or a former employee aggrieved by a violation of this chapter may file a complaint with the director of labor and training or may file a civil action in any court of competent jurisdiction to obtain relief.
(g) An aggrieved applicant for employment, employee, or former employee may not file a civil action under this section if they have also filed a complaint with the director of labor and training and the director has issued notice of an administrative hearing pursuant to this section.
(h) The filing of a civil action under this section shall not preclude the director of the department of labor and training from investigating the matter and/or referring the matter to the attorney general.
(i) All claims filed under this chapter shall be filed within two (2) years of when the claimant knew of, or should have known of, the occurrence of a discriminatory practice; provided, however, a claimant may file a sworn complaint demonstrating facts that establish a willful and wanton violation of this chapter within three (3) years of when the claimant knew of, or should have known of, the occurrence of a discriminatory practice; provided, further, that prior to commencing an action alleging a violation of §§ 28-6-18(a) through (e), a claimant shall provide the employer with written notice of the claimant’s intent to commence such action at least forty-five (45) days prior to the commencement of any such action and any such written notice shall include a statement from the claimant indicating the claimant’s belief that an unlawful wage differential exists and that it applies to the claimant.
(j) All claims under this chapter also include each time wages, benefits, or other compensation are paid, resulting in whole or in part from such a decision or other practice.
(k) Any party who is aggrieved by a final decision of the department of labor and training is entitled to a trial de novo in superior court in the county having jurisdiction. Proceedings shall be commenced by the aggrieved party by filing a complaint in the superior court within thirty (30) days of the issuance of the final agency decision. The complaint shall name the opposing party. The rules of civil procedure and evidence shall apply to the proceedings. Thereafter, either party shall have the right of appeal to the supreme court.
History of Section.
P.L. 1946, ch. 1786, § 3; G.L. 1956, § 28-6-19; P.L. 2021, ch. 168, § 2, effective January 1, 2023; P.L. 2021, ch. 169, § 2, effective January 1, 2023.