December 10, 2013: Update on Biweekly Pay Regulations
Today, the RI Department of Labor and Training submitted the finalized biweekly pay regulations with the Office of the Secretary of State. The regulations take effect on December 30, 2013.
Legislation (RI General Law § 28-14-2.2), passed by the General Assembly this year and effective January 1st, permits approved Rhode Island employers to pay hourly-wage employees every other week, provided the employer meets certain criteria.
To qualify to pay employees biweekly, employers must pay employees on a pre-designated date and provide proof of a surety bond in the amount of the highest biweekly payroll. In addition, companies with employees subject to collective bargaining units must provide written consent by the collective bargaining representative. Employers with an average payroll less than the 200 percent of the state minimum wage must meet additional criteria in order to be eligible for biweekly payroll.
Posted on October 25, the original draft regulations required employers to reaffirm their original application information every two years. The final regulations filed today now require this confirmation, known as an Affidavit of Continued Compliance, every four years. This change was made in response to feedback from the general public during the six week comment period and at two public hearings held on November 29 and December 9, 2013.
Employers seeking permission to pay hourly employees biweekly must submit a completed application to the Department of Labor and Training after January 2, 2014 for approval. Application forms will be available at that time through the department’s website, http://www.dlt.ri.gov.
ABOUT DLT: The RI Department of Labor and Training offers employment services, educational services and economic opportunity to both individuals and employers. DLT protects Rhode Island’s workforce by enforcing labor laws, prevailing wage rates and workplace health and safety standards. The department also provides temporary income support to unemployed and temporarily disabled workers. For more information, please call the RI Department of Labor and Training at (401) 462-8000 or visit the website at www.dlt.ri.gov.