ORDER

JOHN J. McCONNELL, JR., District Judge.

Michael Lepre, a former employee of Defendant Granite Telecommunications LLC ("Granite"), brings this fifteen-count complaint alleging that Granite did not pay him the compensation owed to him. ECF No. 1-1. Granite1 moves to dismiss six of the counts2 because they are "common law claims based on Defendant's alleged failure to pay him certain wages," and the sole remedy for failure to pay wages is an action under the Rhode Island Payment of Wages Act. See R.I. Gen. Laws § 28-14-1.3

This Court recently dealt with a similar issue in McElroy v. Fidelity Investments Institutional Services Co., Inc. Relying on Bisbano v. Strine Printing Co., Inc., the Court held that Rhode Island law is clear that when a plaintiff's "`assertion stems entirely from the allegation that [the Defendant] has failed and/or refused to provide him with the unpaid commissions,'" a plaintiff's claim is one for wages under the Payment of Wages Act. McElroy, 298 F.Supp.3d 357, 363 (D.R.I. 2018) (quoting Bisbano, 135 A.3d 1202, 1209 (R.I. 2016)).

The Payment of Wages Act defines wages as "all amounts at which the labor or service rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, commission basis, or other method of calculating the amount." R.I. Gen. Laws § 28-14-1(4). Mr. Lepre's common law claims in Counts VI, VII, XII, XIII, XIV, and XV are all based on the alleged payment of wages (including commissions, and agreed-to payment for services), and as such, the Payment of Wages Act preempts these common law claims and thus they must be dismissed.

The Court GRANTS Granite's Motion to Dismiss Counts VI, VII, XII, XIII, XIV, and XV. ECF No. 5.

IT IS SO ORDERED.