Section 260-RICR-30-05-2.5 - Employer Exemptions from Weekly Pay Requirements2.5.1PurposeThe 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.
2.5.2PetitionsA. 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.2.5.3AppealsA. An employer, whose initial application for exemption has been denied or who has been found to not be in continued compliance, may, within ten (10) days from the date of the Director's notice, request an appeal hearing before the Director or the Director's designee.B. All appeals of final administrative determinations hereunder shall be subject to the Administrative Procedures Act, R.I. Gen. Laws § 42-35-15.2.5.4ViolationsAny employer found in violation of R.I. Gen. Laws § 28-14-2.2 and/or this Part shall, after notice and hearing, be subject to rescission of the employer's exemption from the weekly pay requirement for a period of one (1) year from the date of final administrative determination. Subsequent violations shall be subject to rescission for a period of two (2) years from the date of final administrative determination.
260 R.I. Code R. 260-RICR-30-05-2.5
Amended effective 11/27/2018