HB2049 H I&L AM #1

Lorensen 3919

The Committee on Industry and Labor moved to amend the bill on page one, after the enacting clause by striking out the remainder of the bill and inserting in lieu thereof the following:

Ҥ21-5-7. Prime contractor's responsibility for wages and benefits.

(a) Whenever any person, firm or corporation shall contract with another for the performance of any work which the prime contracting person has undertaken to perform for another, the prime contractor shall become civilly liable to employees engaged in the performance of work under such contract for the payment of wages and fringe benefits, exclusive of attorney’s fees, interest and liquidated damages as provided in subsection (e), section four of this article, to the extent that the employer of such employee fails to pay such wages and fringe benefits.

(b)  Any individual or entity seeking redress pursuant to subsection (a) must:

(1) Notify the prime contractor, by certified mail, of the missing wages or fringe benefits within 100 days of the date the wages or fringe benefits become payable to the employee;

(2) Commence the action within 180 days of the employee’s receipt of his or her final paycheck;

(3) Produce verifiable proof, such as a pay stub, to substantiate the missing wages or fringe benefits; and

Provided, That such employees have exhausted (4) Exhaust all feasible remedies contained in this article against such employer, but Provided, That if the prime contractor has failed to notify the commissioner as required by section sixteen of this article, then the employee shall not be required to exhaust any remedies against the employer: Provided, however, That such employer shall become civilly liable to such prime contractor for any sum of money paid by him or her under this section.”

Adopted

Rejected