§ 28-14-19. Enforcement powers and duties of director of labor and training.
(a) It shall be the duty of the director to ensure compliance with the provisions of this
chapter and chapter 12 of this title. The director, or the director's designee, may
investigate any violations thereof, institute or cause to be instituted actions for
the collection of wages, and institute action for penalties or other relief as provided
for within and pursuant to those chapters. The director, or the director's authorized
representatives, are empowered to hold hearings, and the director or the director's
designee shall cooperate with any employee in the enforcement of a claim against the
employee's employer in any case whenever, in the opinion of the director or the director's
designee, the claim is just and valid.
(b) Upon receipt of a complaint or conducting an inspection under applicable law, the
director, or the director's appropriate departmental designee, is authorized to investigate
to determine compliance with this chapter and chapter 12 of this title. The director
or designee shall forward all complaints to the investigatory team within the department
of labor and training who shall conduct the initial screening, investigation, and
field audits, as set forth in § 28-14-19.1.
(c) With respect to all complaints deemed just and valid by the investigatory team, the
director, or the director's designee, shall order a hearing thereon at a time and
place to be specified, and shall give notice thereof, together with a copy of the
complaint or the purpose thereof, or a statement of the facts disclosed upon investigation,
which notice shall be served personally or by mail on any person, business, corporation,
or entity of any kind affected thereby. The hearing shall be scheduled within thirty
(30) days of service of a formal complaint as provided herein. The person, business,
corporation, or entity shall have an opportunity to be heard in respect to the matters
complained of at the time and place specified in the notice. The hearing shall be
conducted by the director or the director's designee. The hearing officer in the hearing
shall be deemed to be acting in a judicial capacity, and shall have the right to issue
subpoenas, administer oaths, and examine witnesses. The enforcement of a subpoena
issued under this section shall be regulated by Rhode Island civil practice law and
rules. The hearing shall be expeditiously conducted and upon such hearing the hearing
officer shall determine the issues raised thereon and shall make a determination and
enter an order within thirty (30) days of the close of the hearing, and forthwith
serve a copy of the order, with a notice of the filing thereof, upon the parties to
the proceeding, personally or by mail. The order shall dismiss the complaint or direct
payment of any wages and/or benefits found to be due and/or award such other appropriate
relief or penalties authorized under this chapter and chapter 12 of this title, and
the order may direct payment of reasonable attorney's fees and costs to the complaining
party. Interest at the rate of twelve percent (12%) per annum shall be awarded in
the order from the date of the nonpayment to the date of payment.
(d) The order shall also require payment of a further sum as a civil penalty in an amount
up to two (2) times the total wages and/or benefits found to be due, exclusive of
interest, which shall be shared equally between the department and the aggrieved party.
In determining the amount of any penalty to impose, the director, or the director's
designee, shall consider the size of the employer's business, the good faith of the
employer, the gravity of the violation, the previous violations, and whether or not
the violation was an innocent mistake or willful.
(e) The director may institute any action to recover unpaid wages or other compensation
or obtain relief as provided under this section with or without the consent of the
employee or employees affected.
(f) No agreement between the employee and employer to work for less than the applicable
wage and/or benefit rate or to otherwise work under conditions in violation of applicable
law is a defense to an action brought pursuant to this section.
(g) The director shall notify the contractors' registration board of any order issued
or any determination hereunder that an employer has violated this chapter, chapter
12 of this title, or chapter 13 of title 37. The director shall notify the tax administrator of any determination hereunder that
may affect liability for an employer's payment of wages and/or payroll taxes.