Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-37-6 - Notice to Employer of Violation of the Act; Notice to Employer of Penalty; Payment of Penalty; Informal Presentation of Views6.1. If, after inspection or investigation, the Commissioner determines that an employer has violated the Act and is no longer working on the public improvement project, he or she shall provide a written notice of penalty to the employer and the public authority, setting forth the number of violations, and the amount of the penalty being imposed. 6.1.a. The employer shall pay the penalty within 10 days of receipt of the notice of penalty.6.1.b. If the employer fails to pay the penalty within 10 days of receipt of the notice of penalty, the Commissioner shall direct the public authority to withhold final payment to the employer until the employer has paid the penalty or the matter has been otherwise resolved.6.2.If, after inspection or investigation, the Commissioner determines that an employer has violated the Act and is still working on the public improvement project or other Jobs Act projects, he or she shall provide a written notice of violation to the employer and the public authority, setting forth the number of violations and the amount of the civil penalty that will be imposed if the employer continues to violate the Act.6.3. If the Commissioner determines that an employer is continuing to violate the Act after receipt of the notice of violation, he or she shall provide a written notice of penalty to the employer and the public authority. The employer shall be subject to a civil penalty of $250 for each employee less than the required 75% threshold per day. 6.3.a. The employer shall pay the penalty within 10 days of receipt of the notice of penalty.6.3.b. If the employer fails to pay the penalty within 10 days of receipt of the notice of penalty, the Commissioner shall direct the public authority to withhold final payment to the employer until the employer has paid the penalty or the matter has been otherwise resolved.6.3.c. After 14 calendar days from receipt of the notice of violation, if the employer continues to violate the Act, the employer shall be subject to a civil penalty of $500 for each employee less than the required 75% threshold per day.6.4. Examples of the civil penalty calculation: an employer needs to have 6 employees from the local labor market to meet the required 75% threshold. Day 1: the employer has 5 employees from the local labor market = 1 violation.
Day 2: the employer has 4 employees from the local labor market = 2 violations.
Day 3: the employer has 6 employees from the local labor market = 0 violations.
Day 4: the employer has 4 employees from the local labor market = 2 violations.
Day 5: the employer has 6 employees from the local labor market = 0 violations.
Day 6: the employer has 5 employees from the local labor market = 1 violation.
Total violations for the work week: 6 violations x $250 = a civil penalty of $1,500.
Total violations for the work week: 6 violations x $500 = a civil penalty of $3,000.
6.5. Within 10 days of receipt of a notice of violation or notice of penalty, an employer may submit a written request to the Commissioner for an informal presentation of views to discuss the violations or the penalty.