§ 28-6-19. Enforcement of provisions.
(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.