Current through December 3, 2024
Section 260-RICR-10-00-5.4 - Complaints and Department InvestigationsA. Complaints. A complaint may be made by any Person against any Employer or any Person who employs individuals in the course of their business. Such complaint shall be in writing, signed by the complainant and shall be required to be on a form provided by the Department. The Department or the applicable Division thereof shall make an initial determination whether or not the complaint is within the Department's jurisdiction. If no jurisdiction exists, the Department shall notify the complainant in writing. If jurisdiction exists, the Department shall conduct whatever investigation it deems appropriate, including forwarding a copy of the complaint to the Respondent.B. Upon completion of its investigation, the Department shall take one (1) of the following actions: 1. If the Department determines that the complaint is not just and valid, the Department shall take no action on the complaint and shall advise the Complainant and Respondent in writing of its determination and that the complaint has been dismissed. The Department shall also advise the Parties that its decision may be appealed to the Department's Adjudication Unit, within thirty (30) days of the date of the Department's Decision. The Adjudication Unit will then schedule a hearing on the matter and subsequently issue a Final Department Determination.2. If the Department determines that the complaint is just and valid, the Department shall take such action as it deems appropriate under applicable law and the rules and regulations adopted pursuant thereto. In cases where the Department determines the complaint is valid and the amount of wages due equals $1,000 or 10 days of wages, whichever is less, the Department will send written notice to both the complainant and respondent stating that the Department has determined that the allegation(s) contained in the complaint are just and valid and that the wages claimed are owed. The aggrieved party may appeal the Decision to the Department's Adjudication Unit for a Final Department Determination.C. Department Investigations. The Department on its own authority may initiate an investigation and take action against an Employer. All such actions shall be upon such terms and conditions as are permitted under applicable law and the rules and regulations adopted pursuant thereto. The Department's actions include but are not limited to entering into settlements between all parties which shall be memorialized into a formal Settlement Agreements. The Settlement Agreements shall contain language establishing remedies for a party's failure to fulfill its obligation(s) as outlined in the Settlement Agreement. Executed Settlement Agreements will result in the case being dismissed with prejudice by the Adjudication Unit.260 R.I. Code R. 260-RICR-10-00-5.4