Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-33-6 - Employee Claim for Unpaid Wages or Fringe Benefits Against a Wage Bond; Investigation by the Division6.1. An employee or former employee whose wages or fringe benefits are secured by a wage bond and who reasonably believes that he or she is owed unpaid wages or fringe benefits, shall submit a request for assistance ("RFA") to the Division, and shall provide the Division with any documents in support of such claim.6.2. Upon receipt of an RFA, the Division shall place a hold on the employer's wage bond so that the bond is not eligible for release until all matters concerning the claim have been resolved.6.3. The Division shall investigate the merits of the claim and shall make a determination about whether the employer has failed to pay wages or fringe benefits.6.4. If the Commissioner determines that an employee has not been paid his or her wages or fringe benefits, the Commissioner shall make a written demand of the employer to pay the wages and fringe benefits that are owed.6.5. If the employer does not make payment of the wages and fringe benefits or otherwise fails to respond to the demand within the time frame established by the Commissioner, not to exceed 30 days, the Commissioner shall certify the claim to the State Treasurer, the surety, the bank, or the credit union for payment of the wages and fringe benefits from the wage bond.