Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 2 - Payment of Wages, Employer Exemptions from Weekly Pay, and Exemptions for Work on Holidays and Sundays › Section 260-RICR-30-05-2.5 - Employer Exemptions from Weekly Pay Requirements

Current through June 14, 2024
2.5.1
Purpose
The Purpose of §
											2.5     of this Part is to set forth
					 procedures for employers to follow in order to obtain employer exemptions from
					 the weekly pay requirements set forth in R.I. Gen. Laws §
											28-14-2.2.
2.5.2
Petitions
A. Any employer that has an average payroll
				 that exceeds two hundred percent (200%) of the state minimum wage as defined in
				 R.I. Gen. Laws §
											28-12-3 may petition the Director to pay wages less than weekly to demonstrate that the
				 employer meets the requirements set forth in R.I. Gen. Laws §§
											28-14-2.2(b)(1)
				 through (3). For purposes of these
				 regulations, "other sufficient demonstration of security" shall mean a letter
				 of credit from a financial institution.
B. Any employer whose average payroll is less
				 than two hundred percent (200%) of the state minimum wage as defined in R.I.
				 Gen. Laws § 28-13-3 and demonstrates good cause may petition the Director
				 to pay wages less than weekly to demonstrate that the employer meets the
				 requirements set forth in R.I. Gen. Laws §§
											28-14-2.2(c)(1)
				 through (5).
C. Any employer who petitions the Director
				 under either §§2.5.2(A) or (B) of this Part above, must submit:
1. A completed, signed and notarized
				 application along with the requested supporting documentation.
a. The application may be accessed through
				 the Department's website.
b. All
				 applications shall contain original signatures.
(1) By signing the application, the employer
				 agrees to continued compliance with the requirements of R.I. Gen. Laws §
														28-14-2.2 and this Part.
(2) Employer shall
				 have the burden of notifying the Department, in writing within thirty (30)
				 days, if circumstances supporting approval no longer apply.
D. Upon
				 receipt of the above-referenced application, the Director shall either grant
				 the petition, deny the petition, or request additional information.
1. If the Director approves the petition, the
				 employer must notify the affected employees subject to the petition of the pay
				 change fourteen (14) calendar days in advance of the pay change.
E. Permission to pay less than
				 weekly shall not be valid until the employer receives written approval from the
				 Department.
F. Affidavit of
				 Continued Compliance
1. Every four (4) years
				 from the original date of approval to pay less than weekly, each employer must
				 sign and submit an Affidavit of Continued Compliance.
2. The Affidavit of Continued Compliance will
				 be available on the Department's website and must be notarized.
3. An employer's permission to pay less than
				 weekly is valid for an indefinite period of time, unless the employer is deemed
				 to not be in continued compliance pursuant to R.I. Gen. Laws §
												28-14-2.2 and is specifically notified by the Department, in writing, of its
				 noncompliance.
a. The Department shall notify
				 an employer sixty (60) days prior to submittal date of its obligation to submit
				 the Affidavit of Continued Compliance.
G. Surety Bond or "Other Sufficient
				 Demonstration of Security"
1. "Other
				 sufficient demonstration of security" means a letter of credit from a financial
				 institution.
2. The obligation to
				 obtain a surety bond or "other sufficient demonstration of security" within
				 R.I. Gen. Laws §
												28-14-2.2 and this Part is perpetual in nature and must be maintained and satisfied for
				 the duration of the exemption from the weekly pay requirement.