§ 22-9-311 - Workers receiving less than stipulated rates.

22-9-311. Workers receiving less than stipulated rates.

(a) Any worker employed by a public body or by a contractor or subcontractor who shall be paid for his or her services a sum less than the stipulated rates for work done under the contract shall have the right to file a complaint with the Department of Labor for whatever differences there may be between the amount so paid and the rates provided by the contract.

(b) After investigation by the Department of Labor, if the complaint is found to be just, it shall be prosecuted by the department without cost to the worker.

(c) (1) All claims shall be filed with the department not more than thirty (30) days after the certificate of substantial completion is submitted to the public body.

(2) If a claim is timely filed, a worker shall be entitled to recover any unpaid wages due over the life of the public works project, but in no event shall an action be brought more than three (3) years after the date the wages became due and owing.

(d) Nothing in this section shall be construed to limit or restrict the Director of the Department of Labor's authority to seek recovery of unpaid wages pursuant to 22-9-306.