R.I. Gen. Laws § 28-37-17 — RI Code / Title 28 / Chapter 28-37 / Section 28-37-17
§ 28-37-17. Examination of returns  Hearings on amount due.
Status: in_force

As soon as practicable after the return is filed, the director shall examine it and determine the correct amount due and in case any error is disclosed by that examination he or she shall notify the insurer. The director shall then give the insurer not less than ten (10) days notice by mail of the time and place of the hearing upon the question of the correct amount of the payment. After the hearing, the insurer shall be given notice by mail by the director of his or her determination of the correct amount of the payment.
R.I. Gen. Laws § 28-30-5 — RI Code / Title 28 / Chapter 28-30 / Section 28-30-5
§ 28-30-5. Vacancies in office of administrator.
Status: in_force

In the event that a vacancy occurs in the office of the administrator, the chief judge of the workers compensation court, with the advice and consent of the senate, shall appoint a duly qualified person to act as administrator under the provisions of this chapter to serve for the balance of the unexpired term and until his or her successor is duly appointed and qualified.
R.I. Gen. Laws § 28-7-28 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-28
§ 28-7-28. Jurisdiction of court  Appeal to supreme court.
Status: in_force

The jurisdiction of the superior court shall be exclusive and its judgment shall be final, except that the judgment shall be subject to review by the supreme court on appeal by either party, irrespective of the nature of the judgment or the amount involved. The appeal shall be taken and prosecuted in the same manner and form and with the same effect as is provided in other cases of appeal to the supreme court. The certified record shall contain all that was before the superior court, and the order of the superior court shall for all purposes, including appeal to the supreme court, be deemed to be a final order in a special proceeding.
R.I. Gen. Laws § 28-39-15 — RI Code / Title 28 / Chapter 28-39 / Section 28-39-15
§ 28-39-15. Procedural regulations  Record of proceedings and testimony.
Status: in_force

The manner in which any disputed claims or any other controversies arising out of the interpretation or application of chapters 39  41 of this title are presented, or the manner in which hearings and appeals are conducted, shall be in accordance with the prescribed regulations, whether or not those regulations conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record shall be kept of all proceedings in connection with a disputed claim. All testimony at any hearing upon a disputed claim shall be recorded but need not be transcribed unless the disputed claim is further appealed.
R.I. Gen. Laws § 28-47-6 — RI Code / Title 28 / Chapter 28-47 / Section 28-47-6
§ 28-47-6. Rules and regulations.
Status: in_force

The director shall promulgate the rules and regulations that may be required to carry out the provisions of this chapter, including, without limitation, rules and regulations pertaining to contracts of group insurance and excess group insurance with retentions and limits to be prescribed.
R.I. Gen. Laws § 28-29-17.1 — RI Code / Title 28 / Chapter 28-29 / Section 28-29-17.1
§ 28-29-17.1. Notice of designation as independent contractor.
Status: in_force

(a) A person will not be considered an independent contractor unless that person files a notice of designation with the director, consistent with rules and regulations established by the director, on a form or on a form capable of being filed electronically provided by the director annually, that the person is an independent contractor. A person shall be required to file the form annually for each hiring entity that retains their services, regardless of how many forms are filed. The filing of the notice of designation shall be a presumption of independent contractor status but shall not preclude a finding of independent contractor status by the court when the notice is not filed with the director. That designation shall continue in force and effect unless the person fails to submit an annual filing after receipt of a twenty-day (20) notice issued by the director for failure to file annual designation or withdraws that designation by filing a notice with the director, on a form provided by the director, that the person is no longer an independent contractor. Any designation or withdrawal of designation form shall be deemed public information and the director shall furnish copies or make available electronically the forms and designations, upon written request, to any employer or insurer or its authorized representative.

(b) The workers compensation court may, upon petition of an employee, the dependents of a deceased employee, or any other party in interest at any time, vacate any notice of designation if the notice of designation has been improperly procured.

(c) The provisions of subsections (a) and (b) shall only apply to injuries occurring on and after January 1, 2001.

(d) By April 1 of each year, the department of labor and training will send a list of all individuals who have filed a designation form to the Rhode Island division of taxation in the department of revenue.
R.I. Gen. Laws § 28-37-26 — RI Code / Title 28 / Chapter 28-37 / Section 28-37-26
§ 28-37-26. Penalty for false return.
Status: in_force

If any insurer or certified employer willfully delivers or causes to be delivered to the director any false or fraudulent return or information upon which the payment due under this chapter is based, the director shall add to the total payment due fifty per cent (50%) of the amount of the payment due.
R.I. Gen. Laws § 28-56-4 — RI Code / Title 28 / Chapter 28-56 / Section 28-56-4
§ 28-56-4. Disciplinary actions prohibited.
Status: in_force

No employer shall:

(1) Discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize any employee for an employees refusal to disclose or provide access to any information specified in § 28-56-2, or for refusal to add the employer to his or her list of contacts associated with a personal social media account, or to alter the settings associated with a personal social media account, as specified in § 28-56-3; or

(2) Fail or refuse to hire any applicant as a result of the applicants refusal to disclose or provide access to any information specified in § 28-56-2, or for refusal to add the employer or the employers agent to their list of contacts associated with a personal social media account, or to alter the settings associated with a personal social media account, as specified in § 28-56-3.
R.I. Gen. Laws § 28-42-13 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-13
§ 28-42-13. State employees.
Status: in_force

Notwithstanding any inconsistent provisions of chapters 42  44 of this title, the state and its instrumentalities shall be deemed to be employing units and services performed in the employ of the state and its instrumentalities shall be deemed to constitute employment subject to those chapters with the exception set forth in § 28-42-14. Except as otherwise provided herein, all other provisions of these chapters shall continue to be applicable.
R.I. Gen. Laws § 28-44-51 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-51
§ 28-44-51. Denial of appeal as decision of board of review.
Status: in_force

For the purposes of judicial review, an appeal tribunals decision from which an application for appeal has been denied by the board of review shall be deemed to be the decision of the board of review, except that the time for initiating judicial review shall run from the date of the mailing or delivery of the notice of the denial of the application for appeal by the board of review.
R.I. Gen. Laws § 28-30-9 — RI Code / Title 28 / Chapter 28-30 / Section 28-30-9
§ 28-30-9. Location of court  Place of hearings.
Status: in_force

The workers compensation court shall be located in Providence and all hearings before the court concerning compensation shall be conducted in Providence, unless the workers compensation court otherwise designates.
R.I. Gen. Laws § 28-37-1 — RI Code / Title 28 / Chapter 28-37 / Section 28-37-1
§ 28-37-1. Establishment  Sources  Administration.
Status: repealed

(a) There is established in the department of labor and training a special account to be known as the workers compensation administrative account, an account within the general fund. This account, referred to as the workers compensation administrative account, shall consist of payments made to it as provided in this chapter, or penalties paid pursuant to this chapter, and of all other moneys paid into and received by the fund, of property and securities acquired by and through the use of moneys belonging to the fund, and of interest earned upon the moneys belonging to the fund. All moneys in the fund shall be mingled and undivided. The fund shall be administered by the director of labor and training or his or her designee.

(b) The purposes for which this fund shall be used are as follows:

(1) To provide funds to the Chief Judge Robert F. Arrigan rehabilitation center for suitable structures, personnel, and equipment necessary for the rendering of rehabilitative services, including, but not limited to, physical therapy, psychotherapy, and occupational therapy to injured workers coming within the purview of chapters 29  38 of this title;

(2) To provide funds for all expenditures of the education unit created pursuant to § 42-16.1-5 and all expenditures of the workers compensation fraud prevention unit created pursuant to § 42-16.1-12;

(3) To provide funds for all expenditures of the workers compensation court. The administrator of the fund shall on July 1 of each fiscal year transfer those funds that are reasonable and necessary to fund all expenditures of the workers compensation court for the fiscal year from the administrative account, to a restricted receipt account to be established in the judicial department. The administrator of the workers compensation court is authorized to draw funds from the restricted receipt account for all court expenditures;

(4) To provide funds to the department of labor and training for all expenditures incurred in administering its responsibilities under chapters 29  38 of this title;

(5) To provide funds to the department of labor and training for all expenditures incurred in investigating and processing or otherwise administering its responsibilities regarding claims for benefits or payments under § 28-35-20, § 28-37-4 [repealed], and § 28-37-8;

(6) To provide funds to the department of labor and training for the maintenance and operation of a system of data collection as provided for in § 28-37-31. The director shall be authorized to purchase and/or lease equipment necessary to effectuate the purposes of § 28-37-31;

(7) To provide funds for loans to the state compensation insurance fund as provided in §§ 27-7.2-19 and 27-7.2-20.1 [repealed];

(8) To provide funds for the payment or reimbursement of actual incremental costs of COLA increases mandated by § 28-33-17 respecting injuries occurring prior to September 1, 1990, in such amounts as the director, in his or her sole discretion, deems appropriate. These amounts may be paid out of the fund by order of the director and shall be made by order drawn on the general treasury to be charged against the fund;

(9) To provide funds to the workers compensation advisory council created pursuant to the provisions of § 28-29-30 for expenditures to carry out its responsibilities; and

(10) To provide funds to the department of business regulation relating to the evaluation of rate filings, reviews, and pricing procedures pursuant to the provisions of § 27-9-52.
R.I. Gen. Laws § 28-9-16 — RI Code / Title 28 / Chapter 28-9 / Section 28-9-16
§ 28-9-16. Prerequisites to enforceability of award.
Status: in_force

To entitle the award to be enforced, as prescribed in this chapter, it must be in writing; within the time limited in the submission or contract, if any; subscribed by the arbitrator or arbitrators making it; and either filed in the office of the clerk of the court having jurisdiction as provided in § 28-9-14 or delivered to one of the parties or his or her attorney.
R.I. Gen. Laws § 28-7-16 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-16
§ 28-7-16. Controversies as to representation.
Status: in_force

(a) Whenever it is alleged by an employee or his or her representative that there is a question or controversy concerning the representation of employees, the board shall investigate the question or controversy and certify in writing to all persons concerned the name or names of the representatives who have been designated or selected.

(b) Whenever it is alleged by an employer or his or her representative that there is a question or controversy concerning the representation of employees, the board shall investigate the question or controversy after a public hearing held upon due notice.

(c) In any investigation the board shall provide for an appropriate hearing upon due notice, either in conjunction with a proceeding under §§ 28-7-21  28-7-25 or otherwise, and may conduct an election by secret ballot of employees, or use any other suitable method to ascertain the representatives either before or after the hearing; provided, that the board does not have authority to investigate any question or controversy between individuals or groups within the same labor organization or between labor organizations affiliated with the same parent labor organization.
R.I. Gen. Laws § 28-30-18 — RI Code / Title 28 / Chapter 28-30 / Section 28-30-18
§ 28-30-18. Additional benefits payable to retired judges and their surviving spouses or domestic partners.
Status: in_force

(a) All judges of the workers compensation court, or their surviving spouses or domestic partners, who retire after January 1, 1970, and who receive a retirement allowance pursuant to the provisions of this title, shall, on the first day of January next following the third anniversary date of their retirement, receive a cost-of-living retirement adjustment in addition to their retirement allowance in an amount equal to three percent (3%) of the original retirement allowance. In each succeeding subsequent year during the month of January the retirement allowance shall be increased an additional three percent (3%) of the original allowance, compounded annually from the year the cost-of-living adjustment was first payable to be continued during the lifetime of that judge or their surviving spouse or domestic partner. For the purpose of that computation, credit shall be given for a full calendar year regardless of the effective date of the retirement allowance.

(b) Any judge who retired prior to January 31, 1980, shall be deemed for the purpose of this section to have retired on January 1, 1980.

(c) For judges not eligible to retire as of September 30, 2009, and not eligible upon passage of this article, and for their beneficiaries, the cost-of-living adjustment described in subsection (a) above shall only apply to the first thirty-five thousand dollars ($35,000) of retirement allowance, indexed annually, and shall commence upon the third (3rd) anniversary of the date of retirement or when the retiree reaches age sixty-five (65), whichever is later. The thirty-five thousand dollar ($35,000) limit shall increase annually by the percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year or three percent (3%), whichever is less. The first thirty-five thousand dollars ($35,000), as indexed, of retirement allowance shall be multiplied by the percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year or three percent (3%), whichever is less on the month following the anniversary date of each succeeding year. For judges eligible to retire as of September 30, 2009, or eligible upon passage of this article, and for their beneficiaries, the provisions of this subsection (c) shall not apply.

(d) This subsection (d) shall be effective for the period July 1, 2012, through June 30, 2015.

(1) Notwithstanding the prior paragraphs of this section, and subject to subsection (d)(2) below, for all present and former justices, active and retired justices, and beneficiaries receiving any retirement, disability or death allowance or benefit of any kind, whether provided for or on behalf of justices engaged on or prior to December 31, 1989, as a noncontributory justice or engaged after December 31, 1989, as a contributory justice, the annual benefit adjustment provided in any calendar year under this section shall be equal to (A) multiplied by (B) where (A) is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the subtrahend) from the five-year average investment return of the retirement system determined as of the last day of the plan year preceding the calendar year in which the adjustment is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent (0%), and (B) is equal to the lesser of the justices retirement allowance or the first twenty-five thousand dollars ($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000) amount to be indexed annually in the same percentage as determined under (d)(1)(A) above. The five-year average investment return shall mean the average of the investment return of the most recent five (5) plan years as determined by the retirement board. Subject to subsection (d)(2) below, the benefit adjustment provided by this paragraph shall commence upon the third (3rd) anniversary of the date of retirement or the date on which the retiree reaches their Social Security retirement age, whichever is later. In the event the retirement board adjusts the actuarially assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted either upward or downward in the same amount.

(2) Except as provided in subsection (d)(3), the benefit adjustments under this section for any plan year shall be suspended in their entirely unless the funded ratio of the employees retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the systems actuary on an aggregate basis, exceeds eighty percent (80%) in which event the benefit adjustment will be reinstated for all justices for such plan year.

In determining whether a funding level under this subsection (d)(2) has been achieved, the actuary shall calculate the funding percentage after taking into account the reinstatement of any current or future benefit adjustment provided under this section.

(3) Notwithstanding subsection (d)(2), in each fifth plan year commencing after June 30, 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five (5) plan years, a benefit adjustment shall be calculated and made in accordance with subsection (d)(1) above until the funded ratio of the employees retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the systems actuary on an aggregate basis, exceeds eighty percent (80%).

(4) Notwithstanding any other provision of this chapter, the provisions of this subsection (d) shall become effective July 1, 2012, and shall apply to any benefit adjustment not granted on or prior to June 30, 2012.

(e) This subsection (e) shall become effective July 1, 2015.

(1)(i) As soon as administratively reasonable following the enactment into law of this subsection (e)(1)(i), a one-time benefit adjustment shall be provided to justices and/or beneficiaries of justices who retired on or before June 30, 2012, in the amount of two percent (2%) of the lesser of either the justices retirement allowance or the first twenty-five thousand dollars ($25,000) of the justices retirement allowance. This one-time benefit adjustment shall be provided without regard to the retirees age or number of years since retirement.

(ii) Notwithstanding the prior subsections of this section, for all present and former justices, active and retired justices, and beneficiaries receiving any retirement, disability or death allowance or benefit of any kind, whether provided for or on behalf of justices engaged on or prior to December 31, 1989, as a noncontributory justice or engaged after December 31, 1989, as a contributory justice, the annual benefit adjustment provided in any calendar year under this section for adjustments on and after January 1, 2016, and subject to subsection (e)(2) below, shall be equal to (A) multiplied by (B):

(A) Shall equal the sum of fifty percent (50%) of (I) plus fifty percent (50%) of (II) where:

(I) Is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the subtrahend) from the five-year average investment return of the retirement system determined as of the last day of the plan year preceding the calendar year in which the adjustment is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent (0%). The five-year average investment return shall mean the average of the investment returns of the most recent five (5) plan years as determined by the retirement board. In the event the retirement board adjusts the actuarially assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted either upward or downward in the same amount.

(II) Is equal to the lesser of three percent (3%) or the percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year. In no event shall the sum of (I) plus (II) exceed three and one-half percent (3.5%) or be less than zero percent (0%).

(B) Is equal to the lesser of either the justices retirement allowance or the first twenty-five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount to be indexed annually in the same percentage as determined under subsection (e)(1)(ii)(A) above.

The benefit adjustments provided by this subsection (e)(1)(ii) shall be provided to all retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect, and for all other retirees the benefit adjustments shall commence upon the third anniversary of the date of retirement or the date on which the retiree reaches his or her Social Security retirement age, whichever is later.

(2) Except as provided in subsection (e)(3), the benefit adjustments under subsection (e)(1)(ii) for any plan year shall be suspended in their entirety unless the funded ratio of the employees retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the systems actuary on an aggregate basis, exceeds eighty percent (80%) in which event the benefit adjustment will be reinstated for all justices for such plan year. Effective July 1, 2024, the funded ratio of the employees retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the systems actuary on an aggregate basis, of exceeding eighty percent (80%) for the benefit adjustment to be reinstated for all members for such plan year shall be replaced with seventy-five percent (75%).

In determining whether a funding level under this subsection (e)(2) has been achieved, the actuary shall calculate the funding percentage after taking into account the reinstatement of any current or future benefit adjustment provided under this section.

(3) Notwithstanding subsection (e)(2), in each fourth plan year commencing after June 30, 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of four plan years: (i) A benefit adjustment shall be calculated and made in accordance with subsection (e)(1)(ii) above; and (ii) Effective for members and/or beneficiaries of members who retired on or before June 30, 2015, the dollar amount in subsection (e)(1)(ii)(B) of twenty-five thousand eight hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six dollars ($31,026) until the funded ratio of the employees retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the systems actuary on an aggregate basis, exceeds eighty percent (80%). Effective July 1, 2024, the funded ratio of the employees retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the systems actuary on an aggregate basis, of exceeding eighty percent (80%) shall be replaced with seventy-five percent (75%).

(4) Effective for members and/or beneficiaries of members who have retired on or before July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60) days following the enactment of the legislation implementing this provision, and a second one-time stipend of five hundred dollars ($500) in the same month of the following year. These stipends shall be payable to all retired members or beneficiaries receiving a benefit as of the applicable payment date and shall not be considered cost-of-living adjustments under the prior provisions of this section.
R.I. Gen. Laws § 28-7-13 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-13
§ 28-7-13. Unfair labor practices.
Status: in_force

It shall be an unfair labor practice for an employer to:

(1) Spy on or keep under surveillance, whether directly or through agents or any other person, any activities of employees or their representatives in the exercise of the rights guaranteed by § 28-7-12;

(2) Prepare, maintain, distribute, or circulate any blacklist of individuals for the purpose of preventing any of the individuals from obtaining or retaining employment because of the exercise of the individuals of any of the rights guaranteed by § 28-7-12;

(3) Dominate or interfere with the formation, existence, or administration of any employee organization or association, agency, or plan that exists in whole or in part for the purpose of dealing with employers concerning terms or conditions of employment, labor disputes, or grievances, or to contribute financial or other support to any such organization, by any means, including, but not limited to, the following:

(i) By participating or assisting in, supervising, controlling, or dominating:

(A) The initiation or creation of any employee organization or association, agency, or plan; or

(B) The meetings, management, operation, elections, formulation, or amendment of constitution, rules, or policies of any employee organization or association, agency or plan;

(ii) By urging the employees to join any employee organization or association, agency, or plan for the purpose of encouraging membership in the organization or association; or

(iii) By compensating any employee or individual for services performed in behalf of any employee organization or association, agency, or plan, or by donating free services, equipment, materials, office or meeting space, or anything else of value for the use of any employee organization or association, agency, or plan; provided, that an employer shall not be prohibited from permitting employees to confer with him or her during working hours without loss of time or pay;

(4) Require an employee or one seeking employment, as a condition of employment, to join any company union or to refrain from forming, or joining, or assisting a labor organization of his or her own choosing;

(5) Encourage membership in any company union or discourage membership in any labor organization, by discrimination in regard to hire or tenure or in any term or condition of employment; provided that nothing in this chapter precludes an employer from making an agreement with a labor organization requiring membership in that labor organization as a condition of employment, if that labor organization is the representative of employees as provided in §§ 28-7-14  28-7-19;

(6) Refuse to bargain collectively with the representatives of employees, subject to the provisions of §§ 28-7-14  28-7-19, except that the refusal to bargain collectively with any representative is not, unless a certification with respect to the representative is in effect under §§ 28-7-14  28-7-19, an unfair labor practice in any case where any other representative, other than a company union, has made a claim that it represents a majority of the employees in a conflicting bargaining unit;

(7) Refuse to discuss grievances with representatives of employees, subject to the provisions of §§ 28-7-14  28-7-19;

(8) Discharge or otherwise discriminate against an employee because he or she has signed or filed any affidavit, petition, or complaint or given any information or testimony under this chapter;

(9) Distribute or circulate any blacklist of individuals exercising any right created or confirmed by this chapter or of members of a labor organization, or to inform any person of the exercise by any individual of that right, or of the membership of any individual in a labor organization for the purpose of preventing individuals so blacklisted or so named from obtaining or retaining employment;

(10) Do any acts, other than those already enumerated in this section, that interfere with, restrain, or coerce employees in the exercise of the rights guaranteed by § 28-7-12; or

(11) Fail to implement an arbitrators award unless there is a stay of its implementation by a court of competent jurisdiction or upon the removal of the stay.
R.I. Gen. Laws § 28-35-9 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-9
§ 28-35-9. Payment of weekly benefits  Admission of entitlement to compensation  Payment of compensation without agreement.
Status: in_force

In the event that an employer or insurer makes payment of weekly benefits to an employee without filing a memorandum of agreement or a nonprejudicial memorandum of agreement with the department, the payment shall constitute a conclusive admission of liability and ongoing incapacity and that the employee is entitled to compensation under chapters 29  38 of this title and the employer or insurer shall not be entitled to any credit for the payment if the employee is awarded compensation in accordance with these chapters. The employer or insurer shall not file a petition to suspend or reduce payments until a memorandum has been filed with the department.
R.I. Gen. Laws § 28-43-2 — RI Code / Title 28 / Chapter 28-43 / Section 28-43-2
§ 28-43-2. Balancing account  Credits and charges.
Status: in_force

Subsequent to the establishment of the balancing account as set forth in § 28-43-1(1), the credits and charges to that account shall be determined by the director as follows:

(1) Credits to the balancing account:

(i) All interest earnings received by the fund;

(ii) All transfers to the credit of the account of this state in the unemployment trust fund under 42 U.S.C. § 1103;

(iii) Any plus balance remaining to the credit of an employers account after the employer has ceased to be subject to chapters 42  44 of this title;

(iv) The entire amount credited to the balancing account under § 28-43-9 relating to the balancing rate;

(v) An amount equal to the amount of any restitution by an employee of benefits, whether that restitution is in cash or in the form of offset against benefits otherwise due, when that restitution is made;

(vi) Any deposits made by employers in connection with an appeal under § 28-44-39, which are not returnable;

(vii) The amount reimbursed or advanced to this state as the federal share of extended benefits paid to individuals under the provisions of § 28-44-62; and

(viii) The amount reimbursed to this state in accordance with the provisions of Pub. L. No. 94-566, Oct. 20, 1976, Title I, § 121, 90 Stat. 2673.

(2) Charges to the balancing account:

(i) Any minus balance of an employers account after the employer has ceased to be subject to this title, together with an amount equal to benefits subsequently paid based on wages reported by that employer;

(ii) Any disbursements from the fund that are not chargeable to employer accounts;

(iii) Any benefit payments paid to a claimant and charged to an employers account after a hearing in which the employer appeared and contested the award which is subsequently finally disallowed on appeal, which charges to the employers account shall be canceled;

(iv) Any benefit payments based on determinations by the administrative agencies of other states;

(v) Dependents allowances not otherwise chargeable to an employers account paid under § 28-44-6 for benefit years beginning subsequent to September 30, 1985;

(vi) Benefits not chargeable to any individual employers account;

(vii) Any benefit payments paid to an individual who has left his or her employment for reasons which have been determined not to have been connected with the employment; provided, that the benefits paid to an individual who leaves work pursuant to a retirement plan, system, or program in accordance with the provisions of § 28-44-17 shall be charged in accordance with the provisions of § 28-43-3(2)(ii);

(viii) Any benefits paid for benefit years beginning subsequent to September 30, 1985, to an individual in accordance with the provisions of § 28-44-62, and not otherwise chargeable to an employers account;

(ix) The foregoing charges to the balancing account shall be limited to benefits paid based on service with an employer required to pay contributions under the provisions of chapters 42  44 of this title;

(x) Any benefits paid for benefit years beginning subsequent to July 7, 1996, to an individual unemployed as a result of physical damage to the real property at the employers usual place of business caused by severe weather conditions, including, but not limited to, hurricanes, snowstorms, ice storms or flooding, or fire except where caused by the employer.
R.I. Gen. Laws § 28-53-3 — RI Code / Title 28 / Chapter 28-53 / Section 28-53-3
§ 28-53-3. Powers and duties of the fund.
Status: in_force

The fund shall:

(1) Be authorized to pay covered claims as determined by the director and the workers compensation court pursuant to the provisions of this section and promulgate all rules and regulations necessary to effectuate the provisions and overall purpose of this chapter. The rules and regulations shall be promulgated in accordance with the administrative procedures act, chapter 35 of title 42, and shall include, but not be limited to, the filing of claim forms and other documentation supporting the claim, and proof of dependency, if relevant. All claims must contain a release necessary to allow the director to investigate the claim;

(2) Investigate claims brought against the fund and adjust, compromise, settle, and pay covered claims to the extent of the funds allocation;

(3) Establish procedures for managing the assets of the fund;

(4) Sue or be sued; and

(5) Perform any and all acts necessary to effectuate the humanitarian purposes of this chapter.
R.I. Gen. Laws § 28-21-13 — RI Code / Title 28 / Chapter 28-21 / Section 28-21-13
§ 28-21-13. Enforcement of chapter.
Status: in_force

(a) The responsibility for enforcement of the provisions of this chapter shall be that of the department of labor and training. In addition to its other obligations, the department shall establish and maintain the list of designated substances, and the list shall be reviewed at intervals of six (6) months. The department will also maintain and make available upon request to the public any available MSDS material safety data sheet. The provisions of chapter 35 of title 42, the administrative procedures act, shall be applicable in determining additions or deletions to the list. The department shall assign chemical abstract series (CAS) numbers to the designated substances to facilitate comparisons with employers lists and lists from other states. The department shall also keep a central file of annually updated chemical identification lists per employer. The central file must be cross-referenced by designated substance to facilitate the identification of all firms using a particular designated substance. Access to the central file shall be in accordance with chapter 24.4 of title 23. The list of designated substances shall be available for public inspection during business hours at the office of the director of the department of labor and training. The department shall have all rights of entry and inspection as set out in § 28-20-12, and shall annually conduct and without notice to the employer, at least two hundred (200) inspections of employing units covered by this chapter to determine compliance.

(b) Upon the finding of a violation arising from an inspection, the employer shall inform the employees and immediately undertake measures for the safety of the employees. The employer shall have ninety (90) days from the date of the finding of a violation to comply with the remaining provisions of this chapter.

(c) The department shall obtain any and all information required by § 28-21-5 from the person responsible for the administration, and direction of a fire department in a fire district or municipality, including a fire chief or fire administrator or that persons designee, in the event that an employer ceases to do business in the state. The department will keep the information for thirty (30) years and will make the information available, upon request, to employees as defined in § 28-21-2.

(d) In addition to and not in lieu of the legal remedies available to the employee under § 28-21-8(4), the department may order an employer to reinstate an employee who was dismissed or disciplined for exercising the right to refuse work as defined in § 28-21-8(1). In addition, the department may order an employer to reimburse an employee for any monetary losses, plus interest, resulting from the employees dismissal or discipline. Upon notification from the department, an employer shall have five (5) business days to show cause why the employer should not comply with the departments order.
R.I. Gen. Laws § 28-55-1 — RI Code / Title 28 / Chapter 28-55 / Section 28-55-1
§ 28-55-1. Short title.
Status: in_force

This chapter shall be known and may be cited as The Rhode Island Jobs Match Enhancement Program.
R.I. Gen. Laws § 28-27-17.1 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-17.1
§ 28-27-17.1. Failure to renew license.
Status: in_force

Any licensed master, contractor journeyperson, or apprentice who does not renew his or her license on or before his or her birthdate shall be required to pay a twelve-dollar-per-month ($12) administrative assessment fee for the first two (2) years of delinquency, plus outstanding license fees. If a license is not renewed within two (2) years of its expiration it shall result in a forfeiture of the license, notwithstanding any other provisions of this chapter. In the case of forfeiture, a license may only be reinstated by the person taking a test for a new license.
R.I. Gen. Laws § 28-42-34 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-34
§ 28-42-34. Rules and regulations.
Status: in_force

(a) The board of review shall have the power to adopt, amend, modify, and reject general and special rules and regulations interpreting chapters 42  44 of this title and establishing policy relative to administrative procedure as proposed by the director. Those general and special rules shall take effect only after a public hearing on them or public notice of them and after filing with the secretary of state. Regulations shall become effective in the manner and at the same time as prescribed by the board.

(b) The board shall have the power and authority to investigate administrative procedure of the department with respect to decisions rendered by the board and the rules and regulations adopted as prescribed. In furtherance of that power and authority, it shall be the duty of the director to make available to the board, upon its request in writing, the records of the department and any other information and evidence that the board shall deem necessary or advisable.
R.I. Gen. Laws § 28-21-2 — RI Code / Title 28 / Chapter 28-21 / Section 28-21-2
§ 28-21-2. Definitions.
Status: in_force

For the purpose of this chapter, the terms defined in this section have the following meanings. Where terms are not defined, the ordinarily accepted meanings within the proper context apply:

(1) Chemical name means the scientific designation of a substance in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the Chemical Abstract Service Rules of Nomenclature.

(2) Common name means any designation or identification, such as trade name or number or code name or brand name, used by the employer to identify a substance other than by its chemical name.

(3) Designated substance means any substance contained within the list of toxic or hazardous substances covered by this chapter provided they are in quantities exceeding two gallons (2 gals.) or 10 pounds (10 lbs.) of the substance within the workplace, except in the case of carcinogens, mutagen, or teratogen which shall be reported if the concentration is equal to or greater than one part of the substance per ten thousand (10,000) by volume, and provided further that nothing contained in this definition precludes the director of labor and training from establishing more stringent standards pursuant to rules and regulations in conformity with the administrative procedures act, chapter 35 of title 42.

(4) Employee means a person who is:

(i) A current employee;

(ii) A former employee whose physician has reason to believe that an illness or injury may be related to former employment;

(iii) An employee assigned or transferred to work where there will be exposure to designated substances; or

(iv) Any worker who may be exposed under normal conditions of use or foreseeable emergency to designated substances; and

(v) Includes employees of the state or one of its political subdivisions.

(5) Employee representative means any attorney, physician, or employee organization that represents an employee or employees in a company.

(6) Employer includes an individual, partners, associations, corporations, business trusts, or any persons or group of persons acting directly or indirectly in the interest of an employer in relation to an employee.

(7) Expose or exposure means any situation arising from work operation where an employee may ingest, inhale, absorb through the skin or eyes, or otherwise come into contact with a designated substance. The contact shall not be deemed to constitute exposure if the designated substance present is in a physical state, volume, or concentration for which there is no valid and substantial evidence that any adverse acute or chronic risk to human health may occur from the contact.

(8) Hazardous substance is any chemical substance listed in the latest edition of the chemical data section of the Fire Protection Guide on Hazardous Materials as published by the National Fire Protection Association.

(9) Immediate use means the hazardous substance will be under the control of and used only by the person who transfers it from a labeled container and only within the work shift in which it is transferred.

(10) Mixture means any solution or intimate admixture of two (2) or more substances that do not react chemically with each other.

(11) Substance means any element, entity, compound, combination, or any mixture thereof whether organic or inorganic.

(12) To store means to deposit or place a substance in a locale for a period of forty-eight (48) hours or more.

(13) Toxic substance is any chemical substance listed in the latest edition of Threshold Limit Value for Chemical Substance in the Work Environment as published by the American Conference of Governmental and Industrial Hygienists and the list of carcinogens as published by the International Agency for Research on Cancer.

(14) Work area means any room or defined space, whether within or outside of a building or other structure, where toxic or hazardous substances are present.

(15) Workplace means an establishment or business at one geographic location containing one or more work areas.
R.I. Gen. Laws § 28-44-62 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-62
§ 28-44-62. Extended benefits.
Status: in_force

(a) Definitions. As used in this section, unless the context clearly requires otherwise:

(1) Eligibility period of an individual means the period consisting of the weeks in his or her benefit year that begin in an extended period that is in effect in this state and, if his or her benefit year ends within that extended benefit period, any weeks thereafter that begin in that period.

(2) Extended benefit period means a period that:

(i) Begins with the third week after the first week for which there is a state on indicator; and

(ii) Ends with either of the following weeks, whichever occurs later: (A) The third (3rd) week after the first week for which there is a state off indicator; or (B) The thirteenth (13th) consecutive week of that period; provided, that no extended benefit period may begin by reason of a state on indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this state; and provided, further, that no extended benefit period may become effective in this state prior to the sixty-first (61st) day following the date of enactment of the Federal-State Extended Unemployment Compensation Act of 1970 (see 26 U.S.C. § 3304), and that, on and after January 1, 1972, either state or national indicators shall be applicable.

(iii) There is a state on indicator for this state for a week, beginning after September 25, 1982, and prior to December 18, 2010, or beginning on or after January 1, 2012, if:

(A) The director determines, in accordance with regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding twelve (12) weeks, the rate of insured unemployment not seasonally adjusted under this chapter:

(I) Equaled or exceeded one hundred twenty percent (120%) of the average of those rates for the corresponding thirteen-week (13) period ending in each of the preceding two (2) calendar years; and

(II) Equaled or exceeded five percent (5%); or

(B) The director determines, in accordance with regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding twelve (12) weeks, the rate of insured unemployment not seasonally adjusted under this chapter equaled or exceeded six percent (6%), regardless of the insured unemployment rate in previous years; or

(C) With respect to benefits for weeks of unemployment beginning after March 6, 1993, and prior to December 18, 2010, or beginning on or after January 1, 2012, the average rate of total unemployment seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent three (3) months for which data for all states are published before the close of that week:

(I) Equals or exceeds 6.5 percent (6.5%); and

(II) Equals or exceeds one hundred ten percent (110%) of such average for either or both of the corresponding three-month (3) periods ending in the two (2) preceding calendar years.

(D) Notwithstanding any provision of this subdivision, any week for which there would otherwise be a state on indicator shall continue to be such a week and shall not be determined to be a week for which there is a state off indicator.

(iv) There is a state on indicator for this state for a week, beginning on or after December 18, 2010, and ending on or before December 31, 2011, if:

(A) The director determines, in accordance with regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding twelve (12) weeks, the rate of insured unemployment not seasonally adjusted under this chapter:

(I) Equaled or exceeded one hundred twenty percent (120%) of the average of those rates for the corresponding thirteen-week (13) period ending in each of the preceding three (3) calendar years; and

(II) Equaled or exceeded five percent (5%); or

(B) The director determines, in accordance with regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding twelve (12) weeks, the rate of insured unemployment not seasonally adjusted under this chapter equaled or exceeded six percent (6%), regardless of the insured unemployment rate in previous years; or

(C) With respect to benefits for weeks of unemployment beginning on or after December 18, 2010, and ending on or before December 31, 2011, the average rate of total unemployment seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent three (3) months for which data for all states are published before the close of that week:

(I) Equals or exceeds six and one-half percent (6.5%); and

(II) Equals or exceeds one hundred ten percent (110%) of such average for any or all of the corresponding three-month (3) periods ending in the three (3) preceding calendar years.

(D) Notwithstanding any provision of this subdivision, any week for which there would otherwise be a state on indicator shall continue to be such a week and shall not be determined to be a week for which there is a state off indicator.

(v)(A) There is a state off indicator for this state for a week beginning after March 6, 1993, and prior to December 18, 2010, or beginning on or after January 1, 2012, if in the period consisting of the week and the immediately preceding twelve (12) weeks, none of the options specified in subsections (a)(2)(iii)(A), (B), and (C) of this section result in an on indicator; or

(B) There is a state off indicator for this state for a week beginning on or after December 18, 2010, and ending on or before December 31, 2011, if in the period consisting of the week and the immediately preceding twelve (12) weeks, none of the options specified in subsections (a)(2)(iv)(A), (B), and (C) of this section result in an on indicator.

(3) Extended benefits means benefits, including benefits payable to federal civilian employees and to ex-servicepersons pursuant to 5 U.S.C. § 8501 et seq., payable to an individual under the provisions of this section for weeks of unemployment in his or her eligibility period.

(4)(i) Rate of insured unemployment, for purposes of subsection (a)(2)(iii) of this section, means the percentage derived by dividing:

(A) The average weekly number of individuals filing claims for regular benefits for weeks of unemployment with respect to the most recent thirteen (13) consecutive week period, as determined by the director on the basis of reports submitted to the Secretary of Labor, by

(B) The average monthly covered employment for the first four (4) of the most recent six (6) completed calendar quarters ending before the end of the thirteen-week (13) period.

(ii) Computations required by the provisions of this subdivision shall be made by the director, in accordance with the regulations prescribed by the Secretary of Labor.

(5) Regular benefits means benefits, including dependents allowances, payable to an individual under chapters 42  44 of this title, or under any other state law, including benefits payable to federal civilian employees and to ex-servicepersons pursuant to 5 U.S.C. § 8501 et seq., other than extended benefits.

(6) State includes any state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.

(7) State law means the unemployment insurance law of any state, approved by the Secretary of Labor under 26 U.S.C. § 3304.

(8) Suitable work means, with respect to any individual, any work that is within that individuals capabilities; provided, however:

(i) That the gross average weekly remuneration payable for the work must exceed the sum of the individuals weekly benefit amount as determined under subsection (g) of this section plus the amount, if any, of supplemental unemployment benefits, as defined in 26 U.S.C. § 501(c)(17)(D), payable to that individual for that week; and

(ii) That wages for such work are not less than the higher of:

(A) The minimum wage provided by 29 U.S.C. § 206(a)(1) without regard to any exemption; or

(B) The applicable state or local minimum wage.

(b) Effect of state law provisions relating to regular benefits on claims for, and the payment of, extended benefits. Except when the result would be inconsistent with the other provisions of this section and as otherwise provided in the employment security rules, the provisions of chapters 42  44 of this title that apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits provided under this section.

(c) Eligibility requirements for extended benefits. An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his or her eligibility period only if the director finds that:

(1) He or she has, prior to that week, exhausted all of his or her rights to regular benefits provided under chapters 42  44 of this title because either:

(i) He or she has received all of those benefits that were available to him or her in his or her current benefit year; or

(ii) His or her benefit year has expired prior to that week, and he or she has insufficient wages and/or insufficient weeks of employment on which to establish a new benefit year that would include that week; and

(2) With respect to that week of unemployment:

(i) He or she has exhausted all his or her rights to regular benefits available to him or her under any state law, including benefits payable to federal civilian employees and ex-servicepersons under 5 U.S.C. § 8501 et seq.;

(ii) He or she has no rights to allowances or unemployment benefits under any other federal law, such as the Railroad Unemployment Insurance Act [45 U.S.C. § 351 et seq.];

(iii) He or she has not received unemployment benefits under the law of Canada; and

(iv) He or she is not disqualified or ineligible for benefits under any provisions of chapters 42  44 of this title, to the extent that those provisions, pursuant to subsection (b) of this section or the regulations adopted pursuant to that paragraph, are applicable to the claims for, and the payment of, extended benefits provided under this section; provided, that for purposes of subsection (c)(1) of this section, an individual shall be deemed to have exhausted his or her regular benefit rights with respect to any week of unemployment when he or she may become entitled to regular benefits with respect to that week, or future weeks, but those benefits are not payable at the time he or she claims extended benefits because final action has not yet been taken on a pending appeal with respect to regular benefits based on wages and/or employment which were not considered in the prior determination of his or her benefits.

(3) Notwithstanding the provisions of this subsection, an individual filing an initial claim for extended benefits effective March 7, 1993, or after shall not be eligible for extended compensation for any week of unemployment, unless in the base period with respect to which the individual exhausted all rights to regular benefits provided under chapters 42  44 of this title, the individual:

(i) Had earnings in insured employment under chapters 42  44 of this title that equaled or exceeded forty (40) times the individuals weekly benefit amount, including dependents allowance; or

(ii) Had been paid wages for insured employment under chapters 42  44 of this title that equaled or exceeded one and one-half (1 1 / 2 ) times the individuals insured wages in the calendar quarter of the base period in which the individuals insured wages were the highest; or

(iii) Had twenty (20) weeks of full-time work in insured employment under chapters 42  44 of this title.

(d) Suitable work and work search requirements for extended benefits. (1) Notwithstanding the provisions of subsection (b) of this section, an individual shall be ineligible for payment of extended benefits for any week of unemployment beginning on or after April 1, 1981, if the director finds that during that period: (i) He or she failed to accept an offer of suitable work as defined under subsection (a) of this section or failed to apply for any suitable work to which he or she was referred by the director; or (ii) He or she failed to actively engage in seeking work as prescribed under subsection (d)(3) of this section. (2) Any individual who has been found ineligible for extended benefits by reason of the provisions in subsection (d)(1) of this section shall also be denied benefits beginning the first day of the week following the week in which that failure occurred and until he or she has been employed, except in self-employment, in each of four (4) subsequent weeks, whether or not consecutive, and has earned remuneration equal to not less than four (4) times the extended weekly benefit amount. No individual shall be denied extended benefits for failure to accept an offer of or to apply for any job which meets the definition of suitability as described in subsection (a) of this section if: (i) The position was not offered to that individual in writing or was not listed with the employment service; (ii) The failure would not result in a denial of benefits under the definition of suitable work for regular benefit claimants in § 28-44-20 to the extent that the criteria of suitability in that section are not inconsistent with the provisions of subsection (a) of this section; or (iii) The individual furnishes satisfactory evidence to the director that his or her prospects for obtaining work in his or her customary occupation within a reasonably short period are good. If that evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to that individual shall be made in accordance with the definition of suitable work for regular benefit claimants in § 28-44-20 without regard to the definition specified by subsection (a) of this section. (3) For the purpose of subsection (d)(1)(ii) of this section, an individual shall be treated as actively engaged in seeking work during any week if: (i) The individual has engaged in a systematic and sustained effort to obtain work during that week; (ii) The individual furnishes tangible evidence that he or she has engaged in that effort during that week; and (iii) The director shall give written notice of the minimum requirements necessary to satisfy the requirements of this subsection prior to the individuals exhaustion of regular benefits provided under chapters 42  44 of this title. (4) Notwithstanding the provisions of subsection (a)(8) of this section to the contrary, no work shall be deemed to be suitable work for an individual that does not accord with the labor standard provisions required by 26 U.S.C. § 3304(a)(5) and set forth under § 28-44-20(a) and (b).

(e) Cessation of extended benefits when paid under interstate claim in a state where extended benefit period is not in effect. (1) Except as provided in subsection (e)(2) of this section, an individual shall not be eligible for extended benefits for any week beginning on or after June 1, 1981, if: (i) Extended benefits are payable for that week pursuant to an interstate claim filed in any state under the interstate benefit payment plan; and (ii) No extended benefit period is in effect for that week in that state. (2) Subsection (e)(1) of this section shall not apply with respect to the first two (2) weeks for which extended benefits are payable, determined without regard to this subsection, pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the extended benefit account established for the individual with respect to the benefit year.

(f) Suitable work. The employment service shall refer any claimant entitled to extended benefits under chapters 42  44 of this title to any suitable work that meets the criteria prescribed in subsection (a) of this section.

(g) Weekly extended benefit amount. The weekly extended benefit amount payable to an individual for a week of total unemployment in his or her eligibility period shall be an amount equal to the weekly benefit amount, including dependents allowances, payable to him or her for a week of total unemployment during his or her benefit year.

(h) Maximum extended benefit amount. (1) The maximum extended benefit amount payable to any eligible individual with respect to the applicable benefit year shall be the least of the following amounts, determined on the basis of the specified regular benefit amounts that were payable, or paid, whichever is applicable, to the individual in the benefit year: (i) Fifty percent (50%) of the maximum potential regular benefits, including dependents allowances, which were payable to the individual under chapters 42  44 of this title in the benefit year; or (ii) Thirteen (13) times the individuals weekly benefit amount, including dependents allowances, that was payable to the individual under chapters 42  44 of this title for a week of total unemployment in the benefit year. (2)(i) Effective with respect to weeks beginning in a high unemployment period, the maximum extended benefit amount payable to any eligible individual with respect to the applicable benefit year shall be the least of the following amounts, determined on the basis of the specified regular benefit amounts which were payable, or paid, whichever is applicable, to the individual in the benefit year: (A) Eighty percent (80%) of the maximum potential regular benefits, including dependents allowances, that were payable to the individual under chapters 42  44 of this title in the benefit year; or (B) Twenty (20) times the individuals weekly benefit amount, including dependents allowances, that was payable to the individual under chapters 42  44 of this title in the benefit year. (ii) For the purposes of this subdivision, the term high unemployment period means any period during which an extended benefit period would be in effect if item (a)(2)(iii)(C)(I) or item (a)(2)(iv)(C)(I) of this section were applied by substituting eight percent (8%) for 6.5 percent (6.5%). (3) Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that the individual would, but for this subsection, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced, but not below zero (0), by the product of the number of weeks for which the individual received any amounts as trade readjustment allowances within that benefit year, multiplied by the individuals weekly benefit amount for extended benefits.

(i) Beginning and termination of extended benefit period. Whenever an extended benefit period is to become effective in this state as a result of a state on indicator, or an extended benefit period is to be terminated in this state as a result of a state off  indicator, the director shall make an appropriate public announcement.

(j) If the Federal-State Extended Unemployment Compensation Act of 1970 (see 26 U.S.C. § 3304) is amended so as to authorize this state to pay benefits for an extended benefit period in a manner other than that currently provided by this section, then, and in that case, all the terms and conditions contained in the amended provisions of that federal law shall become a part of this section to the extent necessary to authorize the payment of benefits to eligible individuals as permitted under that amended provision.
R.I. Gen. Laws § 28-30-17 — RI Code / Title 28 / Chapter 28-30 / Section 28-30-17
§ 28-30-17. Allowance to surviving spouses, domestic partners of deceased judges.
Status: in_force

(a) Whenever any judge of the workers compensation court who was engaged as a judge prior to January 1, 2009, dies after retirement or during active service while eligible for retirement or during active service after having served fifteen (15) years or more in office, his or her surviving spouse or domestic partner shall receive annually thereafter during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, an amount equal to one-half ( 1 / 2 ) of the annual payment that the judge was receiving by way of salary or retirement pay at the time of his or her death.

(b) For those engaged as a judge on or after January 1, 2009, and prior to July 1, 2009, the judge may elect to receive retirement pay that is reduced by an additional ten percent (10%) of the average of the highest three (3) consecutive years annual compensation (i.e., ninety percent (90%) reduced to eighty percent (80%) or seventy percent (70%) reduced to sixty percent (60%)) and where such option is exercised by giving the general treasurer notice in writing thereof within ninety (90) days after the date of his or her retirement his or her surviving spouse or domestic partner or minor children shall receive annually one-half (Â½) of his or her retirement pay during his or her lifetime so long as he or she remains unmarried or not in a domestic partnership, or the children are under twenty-one (21) years of age; provided, however, for any judge engaged on or after July 1, 2009, the reduction shall be based upon the average of the highest five (5) years consecutive annual compensation.

(c)(1) Any judge of the courts who is engaged as a judge on or after July 1, 2012, and who elects to receive a retirement pay that is reduced, shall receive a lesser retirement allowance as determined by actuarial calculation, which shall be payable throughout life with the provision that:

(i) Option 1. Upon the justices death, the justices lesser retirement allowance shall be continued throughout the life of and paid to such person having an insurable interest in the justices life, as the judge shall nominate by written designation duly acknowledged and filed with the retirement board at the time of his or her retirement;

(ii) Option 2. Upon the justices death, one-half (Â½) of the judges lesser retirement allowance shall be continued throughout the life of and paid to such person having an insurable interest in the judges life as the judge shall nominate by written designation duly acknowledged and filed with the retirement board at the time of the beneficiarys retirement.

(2) For purposes of any election under this section the judge may designate more than one person to receive benefits after his or her death, provided that the designation shall specify the portion of the actuarial equivalent of the judges retirement allowance to be paid to each person, and provided further that the aggregate actuarial value of the portions shall not exceed the actuarial equivalent of the judges retirement benefit determined in the case of an election under this section as of the date of the judges retirement.

(3) A judge selecting more than one person to receive benefits under this section may only select beneficiaries from among his or her children, adopted children, stepchildren, and/or spouse or domestic partner.

(d) Whenever a judge of the workers compensation court dies without having become eligible to retire either under § 28-30-15 or § 28-30-16 and has served seven (7) years or more in office, his or her surviving spouse or domestic partner shall receive annually thereafter during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership one-third ( 1 / 3 ) of the annual salary that the judge was receiving at the time of his or her death.

(e) Whenever any judge of the workers compensation court who was engaged as a judge on or after January 1, 2009, dies during active service while eligible for retirement or during active service after having served fifteen (15) years or more in office, his or her surviving spouse or domestic partner shall receive annually thereafter during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, an amount equal to one-half (Â½) of the annual payment that the judge was receiving by way of salary or retirement pay at the time of his or her death.

(f) Whenever a judge of the workers compensation court dies without having become eligible to retire either under § 28-30-15 or § 28-30-16 and has not served seven (7) years in office, his or her surviving spouse or domestic partner shall subsequently receive annually during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, one-fourth ( 1 / 4 ) of the annual salary that the judge was receiving at the time of his or her death.

(g) In the event the deceased judge has no surviving spouse or domestic partner or the surviving spouse or domestic partner predeceases their minor children, the benefits conferred by this section shall be received in equal shares by the minor children, if any, until each attains the age of twenty-one (21) years.
R.I. Gen. Laws § 28-46-5 — RI Code / Title 28 / Chapter 28-46 / Section 28-46-5
§ 28-46-5. Investigation by director.
Status: in_force

Upon receipt of notification, or upon his or her own initiative when that notification is not given as required, the director shall cause an investigation to be made of the employer to determine the number of employees who have completed fifteen (15) years of covered service under the pension plan of the employer and whose employment was or will be terminated because of the employers ceasing to operate a place of employment within this state, and whose nonvested pension benefits have been or will be forfeited by that termination of employment, the amounts of any nonvested pension benefits, if any, of those employees, and any other facts or circumstances concerning the employer, the employees, and the pension plan for those employees as may be necessary or useful to the director to carry out his or her duties and responsibilities under this chapter. The investigation, insofar as practicable, shall be conducted at the employers place of employment during normal business hours. The employer shall cooperate fully with the director in that investigation, and shall make available to him or her any books, records, or other information necessary or useful to that investigation. To aid in those investigations, the director is authorized to administer oaths and affirmations and to issue subpoenas to compel the attendance of witnesses or the production of books, records, or other documents. The director may seek, through the attorney general acting on his or her behalf, orders from any court of competent jurisdiction to compel an employer to comply with the provisions of this chapter and to punish disobedience of any subpoena issued pursuant to this chapter.
R.I. Gen. Laws § 28-5-26 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-26
§ 28-5-26. Modification of findings or orders.
Status: in_force

Until a transcript of the record in a case is filed in a court as provided in § 28-5-29, the commission may at any time, upon reasonable notice and in any manner that it deems proper, modify or set aside in whole or in part any of its findings or orders.
R.I. Gen. Laws § 28-25-22 — RI Code / Title 28 / Chapter 28-25 / Section 28-25-22
§ 28-25-22. Severability.
Status: in_force

If any provisions or part of any provisions of this chapter, or application of those provisions to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter, and the application of the provisions to other than those to which it is held invalid, shall not be affected by that invalidity.
R.I. Gen. Laws § 28-41-16 — RI Code / Title 28 / Chapter 28-41 / Section 28-41-16
§ 28-41-16. Determination of claim.
Status: in_force

(a) Upon the filing of a claim, the director shall promptly examine the claim and on the basis of facts found by the director and records maintained by the department, the claim shall be determined to be valid or invalid. If the claim is determined to be valid, the director shall promptly notify the claimant as to the week with respect to which benefits shall commence, the weekly benefit amount payable, and the maximum duration of those benefits. If the claim is determined to be invalid, the director shall likewise notify the claimant and any other interested parties of that determination and the reasons for it. If the processing of the claim is delayed for any reason, the director shall notify the claimant, in writing, within three (3) weeks of the date the application for benefits is filed of the reason for the delay. Unless the claimant or any other interested party, within fifteen (15) days, requests a hearing before the board of review, the determination with reference to the claim is final. However, for good cause shown the fifteen-day (15) period may be extended after notification by the director has been mailed to his or her last known address, as provided in this section. At any time within one year from the date of a monetary determination, the director, upon request of the claimant or on his or her own motion, may reconsider his or her determination if he or she finds that an error in computation or identity has occurred in connection with it or that additional wages pertinent to the claimants status have become available, or if that determination has been made as a result of a nondisclosure or misrepresentation of a material fact.

(b) If an appeal is duly filed, benefits with respect to the period prior to the final decision, if it is found that those benefits are payable, shall be paid only after the decision. If an appeal tribunal affirms a decision of the director, or the board of review affirms a decision of an appeal tribunal allowing benefits, those benefits shall be paid regardless of any appeal which may subsequently be taken.
R.I. Gen. Laws § 28-33-8.1 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-8.1
§ 28-33-8.1. Managed care programs.
Status: in_force

Any employer or insurer may petition the director of labor and training and the director of business regulation for authority to provide health care, diagnosis, and treatment through any health plan, health maintenance organization, or managed care provider licensed in the state. The directors shall have discretion to approve or disapprove the petition, and approval of both directors shall be required to authorize the managed care program. Any such provider, including a nonprofit hospital service corporation or nonprofit medical service corporation, may provide, underwrite, or administer the provision of health care, diagnosis, or treatment arising under chapters 29  38 of this title, to the extent specified under the managed care program without incurring any liabilities or obligations under chapters 29  38 of this title not specified in the managed care program, and the provider shall not become subject to the regulation and the generally applicable liabilities and obligations of workers compensation insurers.
R.I. Gen. Laws § 28-39-27 — RI Code / Title 28 / Chapter 28-39 / Section 28-39-27
§ 28-39-27. Penalty for violations generally.
Status: in_force

Any violation of any provision of chapters 39  41 of this title or of any order, rule, or regulation of the department for which a penalty is neither prescribed above nor provided by any other applicable statute, shall be punished by a fine of not less than twenty dollars ($20.00) nor more than fifty dollars ($50.00), or by imprisonment not longer than thirty (30) days, or by both that fine and imprisonment.
R.I. Gen. Laws § 28-18-5 — RI Code / Title 28 / Chapter 28-18 / Section 28-18-5
§ 28-18-5. Employers license and renewal fees.
Status: in_force

(a) A fee of three hundred dollars ($300) shall be paid to the director of labor and training on behalf of the state of Rhode Island for the original issuance of an employers license.

(b) For each annual renewal of an employers license, the employer shall pay to the director of labor and training a fee of:

(1) Forty dollars ($40.00) where the employer is delivering or causing to be delivered industrial homework to five (5) persons or less;

(2) Eighty dollars ($80.00) where the employer is delivering or causing to be delivered industrial homework to from five (5) to twenty (20) persons;

(3) One hundred fifty dollars ($150) where an employer is delivering or causing to be delivered industrial homework to from twenty (20) to one hundred (100) persons;

(4) Three hundred dollars ($300) where an employer is delivering or causing to be delivered industrial homework to more than one hundred (100) persons.
R.I. Gen. Laws § 28-53-5 — RI Code / Title 28 / Chapter 28-53 / Section 28-53-5
§ 28-53-5. Establishment of reserves  Disbursement of excess funds.
Status: in_force

When the balance of the fund, following the deduction of operating expenses, reserves, claims, administration costs and all other reasonable and necessary costs and expenses, exceeds the sum of five million dollars ($5,000,000), the director is authorized to determine by experience or other appropriate accounting and actuarial method what percentage of the payment collected by the fund pursuant to the provisions of § 28-53-2(a) is needed to maintain the fund at the five million dollar ($5,000,000) level for the following twelve (12) months and shall certify the same and shall make such calculations on or before May 10 of each year thereafter.
R.I. Gen. Laws § 28-5-35 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-35
§ 28-5-35. Commissions attorneys.
Status: in_force

The commission may appear in court by its own attorneys.
R.I. Gen. Laws § 28-21-16 — RI Code / Title 28 / Chapter 28-21 / Section 28-21-16
§ 28-21-16. Funding  Contracts for services  Exemption for copiers  Appeals.
Status: in_force

(a) The director of labor and training shall determine which employers are subject to the provisions of this chapter. No employer shall be exempt from the provisions of this chapter unless and until a request for exemption is filed and approval is granted; provided that public and private libraries shall be exempt from this requirement.

(b) The director of labor and training may contract with qualified agencies and/or parties for technical services performed in conjunction with this chapter.

(c) The director of labor and training shall exempt from this chapter all employers whose contact with the designated substances is entirely limited to copier machine powders or liquids where the exposure is incidental to the business operation.

(d) Any employer who contests the determination of the director may appeal the determination under the provisions set forth in §§ 28-20-19 and 28-20-20.
R.I. Gen. Laws § 28-41-33 — RI Code / Title 28 / Chapter 28-41 / Section 28-41-33
§ 28-41-33. Legal counsel to board of review.
Status: in_force

(a) The board of review shall be empowered to appoint and employ a qualified attorney, who shall act in accordance with any instructions that he or she may receive from the board concerning appeals from its decisions and other related duties, and shall be paid an annual base salary of eleven thousand dollars ($11,000).

(b) Whenever the board becomes a party to court action, the attorney shall represent its interests before the courts.

(c) The duly appointed attorney shall serve in this capacity for a term of three (3) years from the date of his or her appointment by the board, and until his or her successor is appointed.
R.I. Gen. Laws § 28-5-10 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-10
§ 28-5-10. Quorum of commission.
Status: in_force

Three (3) members of the commission shall constitute a quorum for the purpose of conducting its business. A vacancy in the commission does not impair the right of the remaining members to exercise all the powers of the commission. This section does not preclude one commissioner or a hearing examiner from conducting hearings on any matter within the jurisdiction of the commission; however, a quorum of the commissioners, after having read the full transcript of the hearing, shall be required to reach a decision.
R.I. Gen. Laws § 28-56-6 — RI Code / Title 28 / Chapter 28-56 / Section 28-56-6
§ 28-56-6. Penalties for violations.
Status: in_force

In any civil action alleging a violation of this chapter, the court may:

(1) Award to a prevailing applicant or employee declaratory relief, damages, and reasonable attorneys fees and costs; and

(2) Award injunctive relief against any employer or agent of any employer that or who commits or proposes to commit a violation of this chapter.
R.I. Gen. Laws § 28-27-5.2 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-5.2
§ 28-27-5.2. Issuance of P.J.F. journeyperson oil burnerpersons license.
Status: in_force

(a) Any person who has previously qualified for the electricians F certificate and the P.J.F. II limited to oil individually, and presently holds both licenses, may convert to the single P.J.F. limited journeyperson II oil burnerpersons license by application to the division on an approved application and with payment of the applicable fee as detailed in this section. This licensee cannot be self-employed and is limited to domestic oil burner service work, burner, tank, and oil line installation. Persons seeking an initial P.J.F. limited journeyperson II oil burner license must show proof of completion of a trade sponsored program or a trade related program offered by a recognized college. All programs must have prior approval of the department of labor and training before licenses are issued.

(b) The person seeking P.J.F. licensing must be employed by a master pipefitting contractor class II as detailed under § 28-27-4.

(c) The above provisions are similar for most limited licenses under this chapter.

(d) Fees shall be as follows:

(1) [Deleted by P.L. 2024, ch. 330, § 7 and P.L. 2024, ch. 331, § 7.]

(2) License fee is seventy-two dollars ($72.00) with birth-month licensing;

(3) Renewal fee is seventy-two dollars ($72.00) with birth-month licensing.

(e) The fees collected shall be deposited as general revenues.
R.I. Gen. Laws § 28-42-60 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-60
§ 28-42-60. Cooperation with foreign governments.
Status: in_force

To the extent permissible under the laws and the constitution of the United States, the director is authorized to enter into or cooperate in arrangements with the appropriate and duly authorized agencies of foreign governments whereby facilities and services provided under the employment security law of any foreign government may be utilized for the taking of claims and the payment of benefits under the employment security law of this state or under a similar law of that government.
R.I. Gen. Laws § 28-12-1 — RI Code / Title 28 / Chapter 28-12 / Section 28-12-1
§ 28-12-1. Short title.
Status: in_force

This chapter shall be known as and may be cited as the Rhode Island Minimum Wage Act.
R.I. Gen. Laws § 28-15-6 — RI Code / Title 28 / Chapter 28-15 / Section 28-15-6
§ 28-15-6. Copy of assignment delivered to employer.
Status: in_force

No assignment of future earnings or wages shall be in any way binding upon the employer of the assignor until a copy of the assignment and account, which shall conform to the requirements stated in this section, has been delivered to the employer. The account shall be in writing and shall contain a statement of the balance due and of the sums of money received by the assignee, together with the date of every payment, and a statement showing whether the payment is a charge for making or securing the loan or otherwise.
R.I. Gen. Laws § 28-36-3 — RI Code / Title 28 / Chapter 28-36 / Section 28-36-3
§ 28-36-3. Appeal of unreasonable demands.
Status: in_force

Any party aggrieved by any unreasonable requirement or demand made by the director, pursuant to this chapter may appeal to the workers compensation court, and § 28-36-10 shall not apply while the appeal is pending.
R.I. Gen. Laws § 28-42-3 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-3
§ 28-42-3. Definitions.
Status: repealed

The following words and phrases, as used in chapters 42  44 of this title, have the following meanings unless the context clearly requires otherwise:

(1) Administration account means the employment security administration account established by this chapter.

(2) Average weekly wage means the amount determined by dividing the individuals total wages earned for service performed in employment within the individuals base period by the number of that individuals credit weeks within the individuals base period.

(3) Base period, with respect to an individuals benefit year, means the first four (4), of the most recently completed five (5) calendar quarters immediately preceding the first day of an individuals benefit year. For any individuals benefit year, and for any individual deemed monetarily ineligible for benefits for the base period as defined in this subdivision, the department shall make a re-determination of entitlement based upon the alternate base period that consists of the last four (4) completed calendar quarters immediately preceding the first day of the claimants benefit year. Notwithstanding anything contained to the contrary in this subdivision, the base period shall not include any calendar quarter previously used to establish a valid claim for benefits; provided, that notwithstanding any provision of chapters 42  44 of this title to the contrary, for the benefit years beginning on or after October 4, 1992, whenever an individual who has received workers compensation benefits is entitled to reinstatement under § 28-33-47, but the position to which reinstatement is sought does not exist or is not available, the individuals base period shall be determined as if the individual filed for benefits on the date of the injury.

(4) Benefit means the money payable to an individual as compensation for the individuals wage losses due to unemployment as provided in these chapters.

(5) Benefit credits means the total amount of money payable to an individual as benefits, as determined by § 28-44-9.

(6) Benefit rate means the money payable to an individual as compensation, as provided in chapters 42  44 of this title, for the individuals wage losses with respect to any week of total unemployment.

(7) Benefit year, with respect to any individual who does not already have a benefit year in effect and who files a valid claim for benefits, means fifty-two (52) consecutive calendar weeks, the first of which shall be the week containing the day as of which he or she first files a valid claim in accordance with regulations adopted as hereinafter prescribed; provided, that the benefit year shall be fifty-three (53) weeks if the filing of a new, valid claim would result in overlapping any quarter of the base period of a prior new claim previously filed by the individual. In no event shall a new benefit year begin prior to the Sunday next following the end of the old benefit year.

(8) Calendar quarter means the period of three (3) consecutive calendar months ending March 31, June 30, September 30, and December 31; or the equivalent thereof, in accordance with regulations as subsequently prescribed.

(9) Contributions means the money payments to the state employment security fund required by those chapters.

(10) Credit amount, effective July 6, 2014, means earnings by the individual in an amount equal to at least eight (8) times the individuals weekly benefit rate.

(11) Credit week, prior to July 1, 2012, means any week within an individuals base period in which that individual earned wages amounting to at least twenty (20) times the minimum hourly wage as defined in chapter 12 of this title for performing services in employment for one or more employers subject to chapters 42  44 of this title, and for the period July 1, 2012, through July 5, 2014, means any week within an individuals base period in which that individual earned wages amounting to at least the individuals weekly benefit rate for performing services in employment for one or more employers subject to chapters 42  44 of this title.

(12) Crew leader, for the purpose of subdivision (19) of this section, means an individual who:

(i) Furnishes individuals to perform service in agricultural labor for any other person;

(ii) Pays (either on the crew leaders own behalf or on behalf of that other person) the individuals so furnished by the crew leader for the service in agricultural labor performed by them; and

(iii) Has not entered into a written agreement with that other person (farm operator) under which that individual (crew leader) is designated as an employee of that other person (farm operator).

(13) Director means the head of the department of labor and training or the directors authorized representative.

(14) Domestic service employment. Employment includes domestic service in a private home performed for a person who paid cash remuneration of one thousand dollars ($1,000) or more in any calendar quarter in the current calendar year, or the preceding calendar year, to individuals employed in that domestic service.

(15) Employee means any person who is, or has been, employed by an employer subject to those chapters and in employment subject to those chapters.

(16) Employer means:

(i) Any employing unit that was an employer as of December 31, 1955;

(ii) Any employing unit that for some portion of a day on and after January 1, 1956, has, or had, in employment, within any calendar year, one or more individuals; except, however, for domestic service employment, as defined in subdivision (14) of this section;

(iii) For the effective period of its election pursuant to § 28-42-12, any other employing unit that has elected to become subject to chapters 42  44 of this title; or

(iv) Any employing unit not an employer by reason of any other paragraph of this subdivision for which, within either the current or preceding calendar year, service is, or was, performed with respect to which that employing unit is liable for any federal tax against which credit may be taken for contributions required to be paid into this states employment security fund; or which, as a condition for approval of chapters 42  44 of this title for full tax credit against the tax imposed by the Federal Unemployment Tax Act, 26 U.S.C. § 3301 et seq., is required, pursuant to that act, to be an employer under chapters 42  44 of this title.

(17) Employing unit means any person, partnership, association, trust, estate, or corporation, whether domestic or foreign, or its legal representative, trustee in bankruptcy, receiver, or trustee, or the legal representative of a deceased person, that has, or had, in the units employ, one or more individuals. For the purposes of subdivision (14) of this section, a private home shall be considered an employing unit only if the person for whom the domestic service was performed paid cash remuneration of one thousand dollars ($1,000) or more in any calendar quarter in the current calendar year, or the preceding calendar year, to individuals employed in that domestic service in that private home.

(18)(i) Employment, subject to §§ 28-42-4  28-42-10, means service, including service in interstate commerce, performed for wages, or under any contract of hire, written or oral, express or implied; provided, that service performed shall also be deemed to constitute employment for all the purposes of chapters 42  44 of this title if performed by an individual in the employ of a nonprofit organization as described in subdivision (25) of this section, except as provided in § 28-42-8(7);

(ii) Notwithstanding any other provisions of this section, Employment also means service with respect to which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into this states employment security fund or which, as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required to be covered under chapters 42  44 of this title;

(iii) Employment not to include owners. Employment does not include services performed by sole proprietors (owners), partners in a partnership, limited liability company  single member filing as a sole proprietor with the IRS, or members of a limited liability company filing as a partnership with the IRS.

(19) Employment  Crew leader. For the purposes of subdivision (12) of this section:

(i) Any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be treated as an employee of that crew leader if:

(A) That crew leader holds a valid certificate of registration under the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. § 1801 et seq., or substantially all members of that crew operate or maintain tractors, mechanized harvesting, or crop-dusting equipment, or any other mechanized equipment that is provided by that crew leader; and

(B) That individual is not an employee of the other person within the meaning of subdivision (15) of this section; and

(ii) In the case of any individual who is furnished by a crew leader to perform service in agricultural labor for any other person and who is not treated as an employee of that crew leader:

(A) That other person, and not the crew leader, shall be treated as the employer of that individual; and

(B) That other person shall be treated as having paid cash remuneration to that individual in an amount equal to the amount of cash remuneration paid to that individual by the crew leader (either on the crew leaders own behalf or on behalf of that other person) for the service in agricultural labor performed for that other person.

(20) Employment office means a free, public-employment office, or its branch, operated by the director or by this state as part of a system of free, public-employment offices, or any other agency that the director may designate with the approval of the Social Security Administration.

(21) Fund means the employment security fund established by this chapter.

(22) Governmental entity means state and local governments in this state and includes the following:

(i) The state of Rhode Island or any of its instrumentalities, or any political subdivision of the state, or any of its instrumentalities;

(ii) Any instrumentality of more than one of these entities; or

(iii) Any instrumentality of any of these entities and one or more other states or political subdivisions.

(23) Hospital means an institution that has been licensed, certified, or approved by the department of health as a hospital.

(24)(i) Institution of higher education means an educational institution in this state that:

(A) Admits, as regular students, only individuals having a certificate of graduation from a high school, or the recognized equivalent of such certificate;

(B) Is legally authorized within this state to provide a program of education beyond high school;

(C) Provides:

(I) An educational program for which it awards a bachelors or higher degree, or a program that is acceptable for full credit toward such a degree;

(II) A program of post-graduate or post-doctoral studies; or

(III) A program of training to prepare students for gainful employment in a recognized occupation; and

(D) Is a public or other nonprofit institution.

(ii) Notwithstanding any of the preceding provisions of this subdivision, all colleges and universities in this state are institutions of higher education for purposes of this section.

(25) Nonprofit organization means an organization, or group of organizations, as defined in 26 U.S.C. § 501(c)(3), that is exempt from income tax under 26 U.S.C. § 501(a).

(26)(i) Partial unemployment. An employee shall be deemed partially unemployed in any week of less than full-time work if the employee fails to earn in wages for that week an amount equal to the weekly benefit rate for total unemployment to which the employee would be entitled if totally unemployed and eligible. For weeks beginning on or after May 23, 2021, through June 30, 2026, an employee shall be deemed partially unemployed in any week of less than full-time work if the employee fails to earn wages for that week in an amount equal to or greater than one hundred and fifty percent (150%) of the weekly benefit rate for total unemployment to which the employee would be entitled if totally unemployed and eligible.

(ii) For the purposes of this subdivision and subdivision (28) of this section, wages includes only that part of remuneration for any work that is in excess of one-fifth (1/5) of the weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed and eligible in any one week, and services includes only that part of any work for which remuneration in excess of one-fifth (1/5) of the weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed and eligible in any one week is payable; provided, that nothing contained in this paragraph shall permit any individual to whom remuneration is payable for any work performed in any week in an amount equal to or greater than his or her weekly benefit rate to receive benefits under this subdivision for that week.

(iii) Notwithstanding the foregoing, for weeks ending on or after May 23, 2021, through June 30, 2026, wages includes only that part of remuneration for any work that is in excess of fifty percent (50%) of the weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed and eligible in any one week, and services includes only that part of any work for which remuneration in excess of fifty percent (50%) of the weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed and eligible in any one week is payable. Provided, that, during the period defined in this subdivision, nothing contained in this subdivision shall permit any individual to whom remuneration is payable for any work performed in any week in an amount equal to or greater than one hundred fifty percent (150%) of their weekly benefit rate to receive benefits under this subdivision for that week.

(iv) Notwithstanding anything contained to the contrary in this subdivision, services, as used in this subdivision and in subdivision (28) of this section, does not include services rendered by an individual under the exclusive supervision of any agency of this state, or any of its political subdivisions, by which the services are required solely for the purpose of affording relief, support, or assistance to needy individuals performing those services, or services performed by members of the national guard and organized reserves in carrying out their duties in weekly drills as members of those organizations. Wages, as used in this subdivision and in subdivision (28) of this section, does not include either remuneration received by needy individuals for rendering the aforementioned services when that remuneration is paid exclusively from funds made available for that purpose out of taxes collected by this state or any of its political subdivisions, or remuneration received from the federal government by members of the national guard and organized reserves, as drill pay, including longevity pay and allowances.

(27) Payroll means the total amount of all wages paid by the employer to the employers employees for employment.

(28) Total unemployment. An individual shall be deemed totally unemployed in any week in which the individual performs no services (as used in subdivision (26) of this section) and for which the individual earns no wages (as used in subdivision (26) of this section), and in which the individual cannot reasonably return to any self-employment in which the individual has customarily been engaged.

(29) Wages means all remuneration paid for personal services on or after January 1, 1940, including commissions and bonuses and the cash value of all remuneration paid in any medium other than cash, and all other remuneration that is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund. Gratuities customarily received by an individual in the course of the individuals employment from persons other than the individuals employing unit shall be treated as wages paid by the individuals employing unit. The reasonable cash value of remuneration paid in any medium other than cash, and the reasonable amount of gratuities, shall be estimated and determined in accordance with rules prescribed by the director; except that for the purpose of this subdivision and of §§ 28-43-1  28-43-8.1, 28-43-8.2 [repealed], 28-43-8.3, 28-43-8.4 [repealed], 28-43-8.5  28-43-8.10, 28-43-11 [repealed], and 28-43-12  28-43-14, this term does not include:

(i) That part of remuneration that is paid by an employer to an individual with respect to employment during any calendar year, after remuneration equal to the amount of the taxable wage base as determined in accordance with § 28-43-7 has been paid during that calendar year by the employer or the employers predecessor to that individual; provided, that if the definition of wages as contained in the Federal Unemployment Tax Act is amended to include remuneration in excess of the taxable wage base for that employment, then, for the purposes of §§ 28-43-1  28-43-14, wages includes the remuneration as previously set forth, up to an amount equal to the dollar limitation specified in the federal act. For the purposes of this subdivision, employment includes services constituting employment under any employment security law of another state or of the federal government;

(ii) The amount of any payment made to, or on behalf of, an employee under a plan or system established by an employer that makes provision for employees generally, or for a class or classes of employees (including any amount paid by an employer or an employee for insurance or annuities, or into a fund, to provide for any such payment), on account of:

(A) Retirement;

(B) Sickness or accident disability;

(C) Medical and hospitalization expenses in connection with sickness or accident disability; or

(D) Death; provided, that the employee has not the:

(I) Option to receive, instead of provision for that death benefit, any part of that payment or, if that death benefit is insured, any part of the premiums (or contributions to premiums) paid by the individuals employer; and

(II) Right, under the provisions of the plan or system or policy of insurance providing for that death benefit, to assign that benefit, or to receive a cash consideration in lieu of that benefit either upon the employees withdrawal from the plan or system providing for that benefit or upon termination of the plan or system or policy of insurance, or of the individuals employment with that employer;

(E) The payment by an employer (without deduction from the remuneration of the employee) of:

(I) The tax imposed upon an employee under 26 U.S.C. § 3101; or

(II) Any payment required from an employee under chapters 42  44 of this title.

(iii) Any amount paid by an employee, or an amount paid by an employer, under a benefit plan organized under the Internal Revenue Code [26 U.S.C. § 125].

(30) Week means the seven-day (7) calendar week beginning on Sunday at 12:01 a.m. and ending on Saturday at 12:00 a.m. midnight.
R.I. Gen. Laws § 28-20-22 — RI Code / Title 28 / Chapter 28-20 / Section 28-20-22
§ 28-20-22. Code commission for occupational safety and health  Composition, appointment, terms, and removal of members.
Status: in_force

There is created within the department of labor and training a code commission for occupational safety and health, consisting of five (5) members, of whom two (2) shall represent industry, two (2) shall represent labor, and one shall represent the public and shall serve as chairperson of the commission. The representatives of industry shall be appointed by the director after he or she has consulted with representatives of industrial, commercial, and trade groups and associations in this state. The representatives of labor shall be appointed by the director after he or she has consulted with representatives of labor organizations in this state. The public representative shall be nominated jointly by the representatives of labor and industry. If the representatives of labor and industry have not nominated a public representative within thirty (30) days after their appointment, then the director shall instead both nominate and appoint the public representative on the commission. The appointment of the members of the commission shall be made by the director with the approval of the governor for a term of five (5) years. For their initial appointment, the representatives of industry shall be appointed for terms of one year and three (3) years, respectively; the representatives of labor shall be appointed for terms of two (2) years and four (4) years, respectively; and the public representative shall be appointed for a term of five (5) years. Vacancies shall be filled by appointments made in the same manner as the original appointments. A member of the commission may only be removed by the governor for cause. The director of labor and training and the director of health shall be ex-officio members of the commission, but shall have no vote and shall serve without additional compensation. Each ex-officio member may designate a subordinate from within his or her department as a substitute member of the commission by filing a written notice of that substitution in the office of the secretary of state. The industrial code commission for safety and health is abolished.
R.I. Gen. Laws § 28-41-5_28-41-5 — RI Code / Title 28 / Chapter 28-41 / Section 28-41-5_28-41-5
§ 28-41-5. Weekly benefit rate  Dependents allowances. [Effective until January 1, 2026.]28-41-5. Weekly benefit rate  Dependents allowances. [Effective January 1, 2026.]
Status: in_force

(a) Benefit rate.

(1) The benefit rate payable under this chapter to any eligible individual with respect to any week of the individuals unemployment due to sickness, when that week occurs within a benefit year, shall be, for benefit years beginning on or after October 7, 1990, four and sixty-two hundredths percent (4.62%) of the wages paid to the individual in that calendar quarter of the base period in which the individuals wages were highest; provided, however, that the benefit rate shall not exceed eighty-five percent (85%) of the average weekly wage paid to individuals covered by chapters 42  44 of this title for the preceding calendar year ending December 31. If the maximum weekly benefit rate is not an exact multiple of one dollar ($1.00) then the rate shall be raised to the next higher multiple of one dollar ($1.00). Those weekly benefit rates shall be effective throughout the benefit years beginning on or after July 1 of the year prior to July of the succeeding calendar year.

(2) The benefit rate of any individual, if not an exact multiple of one dollar ($1.00), shall be raised to the next higher multiple of one dollar ($1.00).

(b) Dependents allowances. An individual to whom benefits for unemployment due to sickness are payable under this chapter with respect to any week, shall, in addition to those benefits, be paid with respect to each week a dependents allowance of twenty dollars ($20.00) or seven percent (7%) of the individuals benefit rate payable under subsection (a) of this section, whichever is greater, for each of that individuals children, including adopted and stepchildren or that individuals court-appointed wards who, at the beginning of the individuals benefit year, is under eighteen (18) years of age and who is at that time in fact dependent on that individual. A dependents allowance shall also be paid to that individual for any child, including an adopted child or a stepchild or that individuals court appointed ward, eighteen (18) years of age or over, incapable of earning any wages because of mental or physical incapacity, and who is dependent on that individual in fact at the beginning of the individuals benefit year, including individuals who have been appointed the legal guardian of that child by the appropriate court. However, in no instance shall the number of dependents for which an individual may receive dependents allowances exceed five (5) in total. The weekly total of dependents allowances payable to any individual, if not an exact multiple of one dollar ($1.00), shall be rounded to the next lower multiple of one dollar ($1.00). The number of an individuals dependents, and the fact of their dependency, shall be determined as of the beginning of that individuals benefit year; provided, that only one individual shall be entitled to a dependents allowance for the same dependent with respect to any week. Each individual who claims a dependents allowance shall establish their claim to it to the satisfaction of the director under procedures established by the director.

(c) Any individuals benefit rate and/or dependents allowance in effect for a benefit year shall continue in effect until the end of that benefit year.

(d) Partial unemployment due to sickness. For weeks beginning on or after January 1, 2006, an individual partially unemployed due to sickness and otherwise eligible in any week shall be paid sufficient benefits with respect to that week, so that their wages, rounded to the next higher multiple of one dollar ($1.00), and their benefits combined will equal in amount the weekly benefit rate to which the individual would be entitled if totally unemployed due to sickness in that week; provided that an individual must have been totally unemployed due to sickness for at least seven (7) consecutive days prior to claiming partial benefits under this provision; provided, that this provision shall not apply if the individual is entitled to lag day benefits pursuant to § 28-41-9; provided, further, that nothing contained herein shall permit any individual to whom remuneration is payable for any work performed in any week in an amount equal to or greater than his or her weekly benefit rate to receive benefits or waiting period credit for that week.
R.I. Gen. Laws § 28-33-17.1 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-17.1
§ 28-33-17.1. Employees not entitled to compensation.
Status: in_force

(a) An employee shall not be entitled to compensation under chapters 29  38 of this title for any period during which the employee was gainfully employed or found capable of gainful employment at an average weekly wage equal to or in excess of the pre-injury average weekly wage, exclusive of overtime, that the employee was earning at the time of the employees injury, notwithstanding an existing agreement or decree to the contrary.

(b) In the event that any employer or insurer makes payment of compensation benefits to an employee for any period during which the employee was not entitled to be paid in accordance with subsection (a) of this section, or in the event that an overpayment of weekly benefits was paid, the employer shall be entitled to credit for any payment of compensation made during that period of employment against future compensation benefits and/or specific compensation benefits pursuant to § 28-33-19 payable directly to the employee, as agreed to by the parties, or determined by the court.

(c) An employee shall also not be entitled to compensation under chapters 29  38 of this title for any period during which the employee was imprisoned as a result of a conviction of a criminal offense. Where the disposition of criminal charges results in a conviction and includes credit for time-served, such that the time served becomes a period served as the result of a conviction, the employee shall not be entitled to compensation for that period. If payments were made to the employee for that period, prior to the disposition of the charges, the employer/insurer shall be entitled to a credit for the payments as against any future entitlement to benefits.
R.I. Gen. Laws § 28-25-18 — RI Code / Title 28 / Chapter 28-25 / Section 28-25-18
§ 28-25-18. Exemptions.
Status: in_force

(a) This chapter does not apply to the following boilers and pressure vessels:

(1) Boilers and pressure vessels under federal control;

(2) Boilers on motor vehicles, self-propelled boilers, ditching machines, cranes, pile drivers, wreckers, and steam shovels that are owned by railroads or railways;

(3) Boilers on steam locomotives under the jurisdiction of the United States Department of Transportation;

(4) Boilers on vessels within the waters of the state;

(5) Pressure vessels used for transportation and storage of compressed or liquefied gases when construction is in compliance with specifications of the United States Department of Transportation and when charged with gas or liquid, marked, maintained, and periodically re-qualified for use, as required by appropriate regulations of the United States Department of Transportation;

(6) Pressure vessels located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight;

(7) Air tanks installed on the right of way of railroads and used directly in the operation of trains;

(8) Pressure vessels that do not exceed an inside diameter, width, height, or cross section of six inches (6³) with no limitation on length or pressure;

(9) Pressure vessels having an internal or external working pressure not exceeding fifteen (15) psig, with no limit on size;

(10) Pressure vessels with a nominal water containing capacity of one hundred twenty gallons (120 gals.) or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion; providing the vessels do not exceed three hundred (300) psi and one hundred eighty degrees Fahrenheit (180Â° F);

(11) Pressure vessels containing water heated by steam or any other indirect means when none of the following limitations are exceeded:

(i) A heat input of two hundred thousand (200,000) BTU per hour;

(ii) A water temperature of two hundred ten degrees Fahrenheit (210Â° F); or

(iii) A nominal water containing capacity of one hundred twenty gallons (120 gals.);

(12)(i) Hot water supply boilers that are directly fired with oil, gas, electricity, or solid fuel when none of the following limitations is exceeded:

(A) Heat input of two hundred thousand (200,000) BTU per hour;

(B) Water temperature of two hundred ten degrees Fahrenheit (210Â° F); or

(C) Nominal water capacity of one hundred twenty gallons (120 gals.).

(ii) These exempt hot water supply boilers shall be equipped with ASME-National Board approved safety valves;

(13) Approved pressure vessels (hot water heaters listed by a nationally recognized testing agency), with approved safety devices including pressure temperature relief valve, with a nominal water containing capacity of one hundred twenty gallons (120 gals.) or less having a heat input of two hundred thousand (200,000) B.T.U. per hour or less, used solely for hot water supply at pressure of one hundred sixty (160) pounds per square inch or less, and at temperatures of two hundred ten degrees Fahrenheit (210Â° F) or less; provided, that such pressure vessels are not installed in places of public assembly such as schools, childcare centers, public and private hospitals, nursing and boarding homes, churches, public buildings, or any similar place of public assembly;

(14) Boilers and pressure vessels in the care, custody, and control of research facilities and used solely for research purposes that require one or more details of non-code construction or which involve destruction or reduced life expectancy of those vessels;

(15) Pressure vessels or other structures or components that are not considered to be within the scope of ASME Code Section VIII; and

(16) Antique boilers and pressure vessels whether or not used in public, nonprofit, engineering, and/or scientific museums and operated for educational, historical, or exhibition purposes with shell diameter less than twelve inches (12³) and with a grate surface area of less than one square foot.

(b) The following boilers and pressure vessels are exempt from the requirements of §§28-25-11, 28-25-12, and 28-25-13:

(1) Steam boilers used for heating purposes carrying a pressure of not more than fifteen (15) pounds per square inch gauge, and which are located in private residences or in apartment houses of less than six (6) family units provided the boiler heat input does not exceed four hundred thousand (400,000) BTU per hour;

(2) Hot water heating boilers which are located in private residences or in apartment houses of less than six (6) family units provided the boiler heat input does not exceed four hundred thousand (400,000) BTU per hour;

(3) Hot water boilers and hot water heaters operated at pressure not exceeding one hundred sixty (160) pounds per square inch gauge, or temperatures not exceeding two hundred fifty degrees Fahrenheit (250Â° F) which are located in private residences or in apartment houses of less than six (6) family units provided the boiler or hot water heater is not in a place of public assembly as delineated in subsection (a)(13) of this section;

(4) Pressure vessels on remote oil or gas producing lease locations that have fewer than ten buildings intended for human occupancy per one-quarter (0.25) square mile and where the closest building is at least two hundred twenty (220) yards from any vessel;

(5) Pressure vessels that do not exceed:

(i) Five cubic feet (5 cu. ft.) in volume and twenty-five (25) psig pressure; or

(ii) One and one-half cubic feet (1.5 cu. ft.) in volume and six hundred (600) psig pressure;

(6) Air tanks at gas or service stations used for inflation of tires on automobiles or other vehicles.
R.I. Gen. Laws § 28-30-11 — RI Code / Title 28 / Chapter 28-30 / Section 28-30-11
§ 28-30-11. Representation of parties before court.
Status: in_force

An employee who is a party to any proceeding before the workers compensation court may appear before the court on his or her own behalf. An employer who or that is a party to any proceeding before the workers compensation court may appear before the court on the employers own behalf, or may be represented as provided in § 28-35-63.
R.I. Gen. Laws § 28-22-3 — RI Code / Title 28 / Chapter 28-22 / Section 28-22-3
§ 28-22-3. Picture IDs  Welders.
Status: in_force

All structural steel and ornamental steel welders working under the American National Standards Institute Code  AWS D1.1 and AWS D1.5 will have affixed to their personal welding certificate documents, a legible picture to verify the welders identity. Said documents shall be kept in the office on all jobsites in which the welder is working.

The affixing of the pictures will be the sole responsibility of the certified welding inspector (CWI), the testing laboratory or engineering firm that originally certified the welder or any firm that is in the business of certifying welders under these codes.

Upon enactment of this amendment, the division of professional regulation will be authorized to monitor the veracity of the certificates and ensure that they are properly updated. This authority also extends to public building inspectors or their representatives.

People or persons, and their primary employer found in violation of this act will be ordered to stop work immediately, and are subject to the following fines payable to the department of labor and training, professional regulation division: two hundred fifty dollars ($250) for a first offense for each day in which the violation exists; five hundred dollars ($500) for a second offense for each day in which the violation exists; and one thousand dollars ($1,000) for a third and/or subsequent offenses for each day in which the violation exists.
R.I. Gen. Laws § 28-30-15.1 — RI Code / Title 28 / Chapter 28-30 / Section 28-30-15.1
§ 28-30-15.1. Retirement of judges engaged after July 2, 1997.
Status: in_force

(a) Whenever any person first engaged as a judge:

(1) Subsequent to July 2, 1997, and prior to January 1, 2009, has served as a workers compensation judge for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty-five (65) years, he or she may retire from active service and subsequently he or she shall receive annually during life a sum equal to three-fourths (Â¾) of his or her average highest three (3) consecutive years of compensation;

(2) On or after January 1, 2009, and prior to July 1, 2009, has served as a workers compensation judge for twenty (20) years or has so served for ten (10) years and reached the age of sixty-five (65) years, he or she may retire from active service and subsequently he or she shall receive annually during life a sum equal to seventy percent (70%) of his or her average highest three (3) consecutive years or compensation; and

(3) On or after July 1, 2009, has served as a workers compensation judge for twenty (20) years, or has served for ten (10) years, and reached the age of sixty-five (65) years, he or she may retire from regular active service and thereafter said justice shall receive annually during his or her life a sum equal to sixty-five (65%) percent of his or her average highest five (5) consecutive years of compensation.

(b) In determining eligibility under this section, any judge who has served as a general officer may include that service as if that service had been on the workers compensation court. Whenever a judge shall be granted a leave of absence without pay, such absence shall not be credited towards active service time for the purposes of retirement.

(c) Any judge who retires in accordance with the provisions of this section may at his or her own request and at the direction of the chief justice of the supreme court subject to the retirees physical and mental competence, be assigned to perform such services as a judge on the workers compensation court as the chief judge prescribes. When so assigned and performing those services, he or she shall have all the powers and authority of a judge. A retired judge shall not be counted in the number of judges provided by law for the workers compensation court.
R.I. Gen. Laws § 28-27-11 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-11
§ 28-27-11. Journeyperson license  Test fees  License fees and qualifications  Filing deadline for journeyperson.
Status: in_force

(a) No application for a journeypersons test shall be filed by the department nor shall any applicant be permitted to take the examination for a license as a journeyperson unless:

(1) The test application is accompanied by a test fee as outlined in § 28-27-17;

(2) Upon passing of a journeyperson test, payment of a license fee as outlined in § 28-27-17 is required and the journeyperson license will be issued as provided in § 28-27-15; and

(3) The applicant has possessed prior to the filing of the application a certificate of registration in full force and effect from the department of labor and training specifying the person as a registered apprentice pursuant to § 28-45-13, and the application of an applicant:

(i) Is accompanied by an affidavit or affidavits of their employer or former employers or other reasonably satisfactory evidence showing that the applicant has been actually engaged in pipefitting or refrigeration/air conditioning, sheet metal or fire protection sprinkler systems work as an apprentice registered in accordance with the hourly requirements pursuant to §§ 28-27-4.1 and 28-27-4.2;

(ii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that the applicant has been registered as a student in a recognized college, university, or trade school and has pursued a course of pipefitting or refrigeration/air conditioning, sheet metal or fire protection sprinkler systems for at least two (2) academic years or is the recipient of an associate degree in pipefitting or refrigeration/air conditioning or fire protection sprinkler systems, and has thereafter been registered by the department of labor and training as an apprentice for at least three (3) years and employed as a registered apprentice by a duly licensed pipefitter or refrigeration/air conditioning or fire protection sprinkler systems master or sheet metal contractors in this state for a period of three (3) years; or

(iii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that the applicant possesses a certificate of license issued under the laws of another state specifying that person as a journeyperson.

(4) [Deleted by P.L. 2024, ch. 330, § 7 and P.L. 2024, ch. 331, § 7.]

(b) The test application is to be filed with the department at least fifteen (15) days prior to the examination date.
R.I. Gen. Laws § 28-31-9 — RI Code / Title 28 / Chapter 28-31 / Section 28-31-9
§ 28-31-9. Application to national and state guard members.
Status: in_force

Members of the national guard and Rhode Island state guard injured in the performance of required, authorized, or permitted duty shall be deemed to be employees of the state, and shall be entitled to all the benefits of chapters 29  38 of this title in accordance with the limitations, requirements, and restrictions of those chapters, provided that the duty is state active duty pursuant to § 30-2-6. Personnel performing duty in any other status shall not be deemed to be employees of the state.
R.I. Gen. Laws § 28-37-15 — RI Code / Title 28 / Chapter 28-37 / Section 28-37-15
§ 28-37-15. Returns and payments by insurers.
Status: in_force

Every insurer shall, within sixty (60) days of notice, file with the director, in any form and containing any information that he or she may prescribe, a return under oath or affirmation signed by a duly authorized officer or agent of the insurer, and shall at the same time make the payment to the director of the amount due in accordance with this chapter.
R.I. Gen. Laws § 28-7-40 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-40
§ 28-7-40. Penalty for violations.
Status: in_force

Any person who willfully resists, prevents, impedes, or interferes with any member of the board or any of its agents or agencies in the performance of duties pursuant to this chapter, or who in any manner interferes with the free exercise by employees of their right to select representatives in an election directed by the board pursuant to §§ 28-7-14  28-7-19, shall be punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment for not more than one year, or both.
R.I. Gen. Laws § 28-43-18 — RI Code / Title 28 / Chapter 28-43 / Section 28-43-18
§ 28-43-18. Civil action to recover contributions.
Status: in_force

If any employer fails to make any payment of contributions or interest on them at the time and in the manner required by the regulations adopted as prescribed, the amount of contributions due shall be collected by civil action. All civil actions shall be instituted in the name of the director, and he or she shall be exempt from giving any surety for costs. Civil actions brought under this section to collect contributions or interest on them shall be heard by the court having jurisdiction at the earliest possible date, and shall be entitled to preference upon the calendar of the court over all other civil actions, except petitions for a judicial review under chapters 42  44 of this title.
R.I. Gen. Laws § 28-5-41 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-41
§ 28-5-41. Right to fair employment practices.
Status: in_force

Whenever in this chapter there appears the terms, race or color, religion, sex, disability, age, or country of ancestral origin there shall be inserted immediately thereafter the words sexual orientation.
R.I. Gen. Laws § 28-30-12 — RI Code / Title 28 / Chapter 28-30 / Section 28-30-12
§ 28-30-12. Forms  Rules of procedure.
Status: in_force

The workers compensation court, with the approval of the supreme court, shall prescribe forms, make suitable orders, and adopt rules of procedure to secure a speedy, efficient, informal, and inexpensive disposition of its proceedings under chapters 29  38 of this title; and in making those orders, the court is not bound by the provisions of the general laws relating to practice. In the absence of those orders, special orders shall be made in each case. The court is authorized to order last best offer procedures to apply in its discretion in appropriate cases to encourage resolution of cases. In the event the court orders and implements those procedures in a case, either partys last best offer, if selected by the judge or master, shall be final and binding on the parties.
R.I. Gen. Laws § 28-35-7 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-7
§ 28-35-7. Enforcement of memorandum of agreement.
Status: in_force

Any memorandum of agreement shall be enforceable by a suitable action or proceeding brought by either of the parties to it before the workers compensation court, including executions against goods, chattels, and real estate, and including proceedings for contempt for willful failure or neglect to obey the provisions of the memorandum of agreement, and in cases involving future payments of compensation aggregating not less than fifty dollars ($50.00) the attorney general shall at the written request of the director prosecute a suitable action or proceeding for the court in the name of the director to compel either party to the agreement to comply with its terms.
R.I. Gen. Laws § 28-49-1 — RI Code / Title 28 / Chapter 28-49 / Section 28-49-1
§ 28-49-1. Short title.
Status: in_force

This chapter shall be known and may be cited as the Rhode Island Disaster Service Volunteer Leave Act.
R.I. Gen. Laws § 28-48-5 — RI Code / Title 28 / Chapter 28-48 / Section 28-48-5
§ 28-48-5. Prohibited acts.
Status: in_force

(a) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by this chapter.

(b) It shall be unlawful for any employer to discharge, fine, suspend, expel, discipline, or in any other manner discriminate against any employee for exercising any right provided by this chapter.

(c) It shall be unlawful for any employer to discharge, fine, suspend, expel, discipline, or in any other manner discriminate against any employee for opposing any practice made unlawful by this title.
R.I. Gen. Laws § 28-25-10 — RI Code / Title 28 / Chapter 28-25 / Section 28-25-10
§ 28-25-10. Inspection and certification of boilers  Permit to install  Notice, report, and standards for alterations and repairs  Minimum standard.
Status: in_force

(a) No boiler or pressure vessel shall be erected within this state unless it is constructed and equipped with safety devices in compliance with the standards and rules set forth in the ASME Boiler and Pressure Vessel Code. Any person erecting or installing any boiler or pressure vessel shall notify the division to that effect. Upon that notice, the administrator shall then satisfy himself or herself, by inspection or other evidence satisfactory to him or her, that the boiler complies with the requirements of this chapter. Upon being satisfied, the administrator, upon payments by that person of a fee set by the code commission of occupational safety and health, shall issue a certificate.

(b) Any person erecting or installing a new or second-hand boiler or pressure vessel shall first make application for a permit to install to the division of occupational safety, boiler unit, at a fee established by the code commission. The administrator shall then satisfy himself or herself either by inspection or by other evidence satisfactory to him or her that the boiler or pressure vessel complies with the requirements of this chapter, and upon being satisfied, the administrator shall upon payment of the required fee furnish to the owner of the boiler or pressure vessel a certificate to that effect.

(c) It shall be mandatory that the organization performing the repair/alteration notify the division of occupational safety, boiler unit, or an authorized inspector before initiating any alterations or welded repairs to any boiler or pressure vessel within the state. Upon completion of the alteration or welded repair, a properly executed alteration or welded repair form as outlined in the NBIC shall be filed with the division.

(d) The state adopts the ASME Boiler and Pressure Vessel Code for new construction and the National Board Inspection Code for repairs and alterations to boilers and pressure vessels. It is mandatory that all repair contractors hold the appropriate ASME certificate of authorization or a valid National Board R (repair) or VR (safety valve repair) symbol stamp issued by the National Board of Boiler and Pressure Vessel Inspectors, as applicable.

(e) Antique boilers or unfired pressure vessels used in public, nonprofit, engineering, and/or scientific museums operated for educational, historical, or exhibition purposes shall be approved prior to operation in this state on an individual basis. Approval for operation will be given only after satisfactory review of drawings and calculations, application of a hydrostatic test at a pressure deemed necessary by the jurisdictional authority, and the boiler or pressure vessel is equipped with all the approved safety devices as required by the rules and regulations promulgated by the board.
R.I. Gen. Laws § 28-39-4 — RI Code / Title 28 / Chapter 28-39 / Section 28-39-4
§ 28-39-4. Creation of fund  Sources.
Status: in_force

(a) There is created the temporary disability insurance fund, to be administered by the director, without liability on the part of the state beyond the amounts paid into and earned by the fund. This fund shall consist of:

(1) All payments made subsequent to June 30, 1947, in accordance with § 28-39-29, and all payments of interest;

(2) All moneys requisitioned from the unemployment trust fund and deposited into this fund;

(3) All moneys that may be allocated to the fund from the temporary disability insurance reserve fund;

(4) All property and securities acquired by and through the use of moneys belonging to the fund; and

(5) Interest earned upon the moneys belonging to the fund.

(b) All moneys in the fund shall be mingled and undivided.
R.I. Gen. Laws § 28-45-2 — RI Code / Title 28 / Chapter 28-45 / Section 28-45-2
§ 28-45-2. Apprenticeship council.
Status: in_force

(a) The director of labor and training, with the advice and consent of the governor, shall appoint a state apprenticeship council composed of four (4) representatives each, from employer and employee organizations respectively, and one public member. One of the employer representatives shall represent a business employing less than fifty (50) employees. In making the appointments, the director shall give due consideration to include representatives from different types of industries, including those industries participating in non-trade apprenticeship programs established pursuant to § 42-102-11. The council shall, by majority vote, elect from its membership a chairperson, a vice-chairperson, and a secretary. The vice-chairperson shall act in the absence or inability of the chairperson.

(b) Upon the expiration of the terms of the councils present membership, the director of labor and training, with the advice and consent of the governor, shall appoint members to the apprenticeship council for initial terms, and those members shall hold office until their successors are appointed and have qualified, as follows:

(1) One representative each, from employer and employee organizations respectively, for an initial term of one year;

(2) One representative each, from employer and employee organizations respectively, for an initial term of two (2) years;

(3) One representative each, from employer and employee organizations respectively, for an initial term of three (3) years;

(4) One representative each, from employer and employee organizations respectively, for an initial term of four (4) years; and

(5) One public member, representing a community organization, for an initial term of four (4) years.

(c) Upon the expiration of those initial terms, members shall be appointed for terms of four (4) years and shall hold office until their successors are appointed and have qualified. Any vacancy shall be filled by appointments by the director of labor and training, with the advice and consent of the governor, for the unexpired portion of the term. The commissioner of elementary and secondary education and the director of labor and training shall be members of the council, ex-officio, without vote.

(d) The council may, by majority vote, designate any consultants that it may deem necessary and desirable to assist it in the performance of its duties.

(e) Members of the board shall not be compensated for their service on the board.
R.I. Gen. Laws § 28-44-13 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-13
§ 28-44-13. Report of wages received.
Status: in_force

In claiming benefits under this chapter an employee shall, during each week of his or her unemployment, correctly report any wages received by him or her during that week and shall make those reports in accordance with the regulations adopted as prescribed.
R.I. Gen. Laws § 28-38-19 — RI Code / Title 28 / Chapter 28-38 / Section 28-38-19
§ 28-38-19. Establishment.
Status: in_force

From the fund created by § 28-37-1 the Chief Judge Robert F. Arrigan rehabilitation center shall be set up within the department of labor and training.
R.I. Gen. Laws § 28-39-24 — RI Code / Title 28 / Chapter 28-39 / Section 28-39-24
§ 28-39-24. False representations to avoid contributions  Failure to produce evidence  Inducing waiver of rights.
Status: in_force

Any individual, or employing unit or its agent, who or that willfully makes a false statement or representation to avoid becoming or remaining subject thereto, or to avoid or reduce any contribution or other payment required of an employing unit under chapters 39  41 of this title, or who or that willfully fails or refuses to appear or to testify or produce records as lawfully required hereunder, or who or that tries to induce any individual to waive any right under those chapters, shall upon conviction be punished by a fine of not less than twenty dollars ($20.00) nor more than two hundred dollars ($200), or by imprisonment not longer than sixty (60) days, or by both that fine and imprisonment. Each false statement or representation, and each day of that failure or refusal, shall constitute a separate and distinct offense. If the employer in question is a corporation, every officer of the corporation who knowingly participates in any violation specified in this section shall be subject to these penalties.
R.I. Gen. Laws § 28-44-69 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-69
§ 28-44-69. Work-sharing benefits.
Status: in_force

(a) Definitions. As used in this section, unless the context clearly requires otherwise:

(1) Affected unit means a specified plant, department, shift, or other definable unit consisting of two (2) or more employees to which an approved work-sharing plan applies.

(2) Eligible employee means an individual who usually works for the employer submitting a work-sharing plan.

(3) Eligible employer means any employer who or that has had contributions credited to the employers account and benefits have been chargeable to this account, or who or that has elected to reimburse the fund in lieu of paying contributions, and who or that is not delinquent in the payment of contributions or reimbursements as required by chapters 42  44, inclusive of this title.

(4) Fringe benefits include, but are not limited to: health insurance, retirement benefits, paid vacation and holidays, sick leave, and similar advantages that are incidents of employment.

(5) Intermittent employment means employment that is not continuous but may consist of periodic intervals of weekly work and intervals of no weekly work.

(6) Seasonal employment means employment with an employer who or that displays a twenty percent (20%) difference between its highest level of employment and its lowest level of employment each year for the three (3) previous calendar years as reported to the department of labor and training, or as shown in the information that is available and satisfactory to the director.

(7) Temporary employment means employment where an employee is expected to remain in a position for only a limited period of time and/or is hired by a temporary agency to fill a gap in an employers workforce.

(8) Usual weekly hours of work means the normal hours of work each week for an employee in an affected unit when that unit is operating on a full-time basis, not to exceed forty (40) hours and not including overtime.

(9) Work-sharing benefits means benefits payable to employees in an affected unit under an approved work-sharing plan.

(10) Work-sharing employer means an employer with an approved work-sharing plan in effect.

(11) Work-sharing plan means a plan submitted by an employer under which there is a reduction in the number of hours worked by the employees in the affected unit in lieu of layoffs of some of the employees.

(b) Criteria for approval of a work-sharing plan. An employer wishing to participate in the work-sharing program shall submit a signed, written work-sharing plan to the director for approval. The director shall approve a work-sharing plan only if the following requirements are met:

(1) The plan identifies the affected unit, or units, and specifies the effective date of the plan;

(2) The employees in the affected unit, or units, are identified by name; social security number; the usual weekly hours of work; proposed wage and hour reduction; and any other information that the director shall require;

(3) The plan certifies that the reduction in the usual weekly hours of work is in lieu of layoffs that would have affected at least 10 percent (10%) of the employees in the affected unit, or units, to which the plan applies and that would have resulted in an equivalent reduction in work hours;

(4) The usual weekly hours of work for employees in the affected unit, or units, are reduced by not less than 10 percent (10%) and not more than 50 percent (50%);

(5) If the employer provides health benefits and/or retirement benefits under a defined-benefit plan as defined in 26 U.S.C. § 414(j) of the Internal Revenue Code or contributions under a defined-contribution plan as defined in 26 U.S.C. § 414(i) of the Internal Revenue Code to any employee whose workweek is reduced under the program, the employer certifies that these benefits will continue to be provided to employees participating in the work-sharing program under the same terms and conditions as though the workweek of such employee had not been reduced or to the same extent as other employees not participating in the work-sharing program;

(6) In the case of employees represented by a collective bargaining agent or union, the plan is approved in writing by the collective bargaining agents or unions that cover the affected employees. In the absence of any collective bargaining agent or union, the plan must contain a certification by the employer that the proposed plan, or a summary of the plan, has been made available to each employee in the affected unit;

(7) The plan will not serve as a subsidy of seasonal employment during the off season, nor as a subsidy for temporary or intermittent employment;

(8) The employer agrees to furnish reports relating to the proper conduct of the plan and agrees to allow the director, or his or her authorized representatives, access to all records necessary to verify the plan prior to approval and, after approval, to monitor and evaluate application of the plan;

(9) The employer describes the manner in which the requirements of this section will be implemented (including a plan for giving notice, where feasible, to an employee whose workweek is to be reduced) together with an estimate of the number of layoffs that would have occurred absent the ability to participate in the work-sharing program and such other information as the director of the department of labor and training determines is appropriate;

(10) The employer attests that the terms of the employers written plan and implementation are consistent with the employers obligations under applicable federal and state laws; and

(11) In addition to the matters previously specified in this section, the director shall take into account any other factors that may be pertinent to proper implementation of the plan.

(c) Approval or rejection of the plan. The director shall approve or reject a plan in writing. The reasons for rejection shall be final and not subject to appeal. The employer shall be allowed to submit another plan for consideration and that determination will be made based upon the new data submitted by the interested employer.

(d) Effective date and duration of the plan. A work-sharing plan shall be effective on the date that is mutually agreed upon by the employer and the director, which shall be specified in the notice of approval sent to the employer. It shall expire at the end of the twelfth, full-calendar month after its effective date, or on the date specified in the plan if that date is earlier; provided that the plan is not previously revoked by the director. If a plan is revoked by the director, it shall terminate on the date specified in the directors written order of revocation.

(e) Revocation of approval. The director may revoke approval of a work-sharing plan for good cause. The revocation order shall be in writing and shall specify the date the revocation is effective and the reasons for it. The revocation order shall be final and not subject to appeal.

(1) Good cause shall include, but not be limited to: (i) Failure to comply with assurances given in the plan; (ii) Unreasonable revision of productivity standards for the affected unit; (iii) Conduct or occurrences tending to defeat the intent and effective operation of the plan; and (iv) Violation of any criteria on which approval of the plan was based.

(2) The action may be taken at any time by the director on his or her own motion; on the motion of any of the affected units employees; or on the motion of the collective bargaining agent or agents. The director shall review the operation of each qualified employer plan at least once during the period the plan is in effect to assure its compliance with the work-sharing requirements.

(f) Modification of the plan. An operational approved, work-sharing plan may be modified by the employer with the consent of the collective bargaining agent or agents, if any, if the modification is not substantial and is in conformity with the plan approved by the director, provided the modifications are reported promptly to the director by the employer. If the hours of work are increased or decreased substantially beyond the level in the original plan, or any other conditions are changed substantially, the director shall approve or disapprove the modifications without changing the expiration date of the original plan. If the substantial modifications do not meet the requirements for approval, the director shall disallow that portion of the plan in writing. The decision of the director shall be final and not subject to appeal.

(g) Eligibility for work-sharing benefits. An individual is eligible to receive work-sharing benefits, subsequent to serving a waiting period as prescribed by the director, with respect to any week only if, in addition to meeting other conditions of eligibility for regular benefits under this title that are not inconsistent with this section, the director finds that:

(1) During the week, the individual is employed as a member of an affected unit under an approved work-sharing plan that was approved prior to that week, and the plan is in effect with respect to the week for which work-sharing benefits are claimed.

(2) The individual is able to work and is available for the normal workweek with the work-sharing employer.

(3) Notwithstanding any other provisions of this chapter to the contrary, an individual is deemed unemployed in any week for which remuneration is payable to him or her as an employee in an affected unit for less than his or her normal weekly hours of work as specified under the approved work-sharing plan in effect for the week.

(4) Notwithstanding any other provisions of this title to the contrary, an individual shall not be denied work-sharing benefits for any week by reason of the application of provisions relating to the availability for work and active search for work with an employer other than the work-sharing employer.

(5) Notwithstanding any other provisions of this title to the contrary, eligible employees may participate, as appropriate, in training (including employer-sponsored training or worker training funded under United States Public Law 113-128, the Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. § 3101 et seq.)) to enhance job skills if such program has been approved by the state agency.

(h) Work-sharing benefits. (1) The work-sharing weekly benefit amount shall be the product of the regular, weekly benefit rate, including any dependents allowances, multiplied by the percentage reduction in the individuals usual weekly hours of work as specified in the approved plan. If the work-sharing, weekly benefit amount is not an exact multiple of one dollar ($1.00), then the weekly benefit amount shall be rounded down to the next, lower multiple of one dollar ($1.00). (2) An individual may be eligible for work-sharing benefits or regular unemployment compensation, as appropriate, except that no individual shall be eligible for combined benefits in any benefit year in an amount more than the maximum entitlement established for unemployment compensation, nor shall an individual be paid work-sharing benefits for more than fifty-two (52) weeks, whether or not consecutive, in any benefit year pursuant to an approved work-sharing plan. (3) The work-sharing benefits paid shall be deducted from the maximum-entitlement amount established for that individuals benefit year. (4) If an employer approves time off and the worker has performed some work during the week, the individual is eligible for work-sharing benefits based on the combined work and paid leave hours for that week. If the employer does not grant time off, the question of availability must be investigated. (5) If an employee was sick and consequently did not work all the hours offered by the work-sharing employer in a given week, the employee will be denied work-sharing benefits for that week. (6) Claims for work-sharing benefits shall be filed in the same manner as claims for unemployment compensation or as prescribed in regulations by the director. (7) Provisions applicable to unemployment compensation claimants shall apply to work-sharing claimants to the extent that they are not inconsistent with the established work-sharing provisions. An individual who files an initial claim for work-sharing benefits shall be provided, if eligible for benefits, a monetary determination of entitlement to work-sharing benefits and shall serve a waiting week. (8) If an individual works in the same week for an employer other than the work-sharing employer, the individuals work-sharing benefits shall be computed in the same manner as if the individual worked solely with the work-sharing employer. If the individual is not able to work, or is not available for the normal workweek with the work-sharing employer, then no work-sharing benefits shall be payable to that individual for that week. (9) An individual who performs no services during a week for the work-sharing employer and is otherwise eligible shall be paid the full, weekly unemployment compensation amount. That week shall not be counted as a week with respect to which work-sharing benefits were received. (10) An individual who does not work for the work-sharing employer during a week, but works for another employer and is otherwise eligible, shall be paid benefits for that week under the partial unemployment compensation provisions of this chapter. That week shall not be counted as a week with respect to which work-sharing benefits were received. (11) Nothing in the section shall preclude an otherwise eligible individual from receiving total or partial unemployment benefits when the individuals work-sharing benefits have been exhausted.

(i) Benefit charges. Work-sharing benefits shall be charged to employer accounts in the same manner as regular benefits in accordance with the provisions of §§ 28-43-3 and 28-43-29. Notwithstanding the above, any work-sharing benefits paid on or after July 1, 2013, that are eligible for federal reimbursement, shall not be chargeable to employer accounts and employers liable for payments in lieu of contributions shall not be responsible for reimbursing the employment security fund for any benefits paid to their employees on or after July 1, 2013, that are reimbursed by the federal government.

(j) Extended benefits. An individual who has received all of the unemployment compensation or combined unemployment compensation and work-sharing benefits available in a benefit year shall be considered an exhaustee for purposes of extended benefits, as provided under the provisions of § 28-44-62, and, if otherwise eligible under those provisions, shall be eligible to receive extended benefits.

(k) Severability. If any provision of this section, or its application to any person or circumstance, is held invalid under federal law, the remainder of the section and the application of that provision to other persons or circumstances shall not be affected by that invalidity.
R.I. Gen. Laws § 28-40-3.1 — RI Code / Title 28 / Chapter 28-40 / Section 28-40-3.1
§ 28-40-3.1. Contributions held in trust for state.
Status: in_force

(a) All contributions withheld by any employer from employees in accordance with the provisions of this chapter, and all contributions withheld by any employer from employees under color of those provisions, shall constitute a trust fund for the state until paid to the director.

(b) That trust shall be enforceable against:

(1) The employer;

(2) Any officer, agent, servant, or employee of any corporate employer responsible for either the withholding or payment, or both, of the contribution; and

(3) Any person receiving any part of the fund without consideration, or knowing that the employer or any officer, agent, servant, or employee or any corporate employer is committing a breach of trust.
R.I. Gen. Laws § 28-5-5 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-5
§ 28-5-5. Right to equal employment opportunities.
Status: in_force

The right of all individuals in this state to equal employment opportunities, regardless of race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin, is recognized as and declared to be a civil right.
R.I. Gen. Laws § 28-33-19 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-19
§ 28-33-19. Additional compensation for specific injuries.
Status: in_force

(a)(1) In case of the following specified injuries there shall be paid in addition to all other compensation provided for in chapters 29  38 of this title a weekly payment equal to one-half (Â½) of the average weekly earnings of the injured employee, but in no case more than ninety dollars ($90.00) nor less than forty-five dollars ($45.00) per week. In case of the following specified injuries that occur on or after January 1, 2012, there shall be paid in addition to all other compensation provided for in chapters 29  38 of this title a weekly payment equal to one-half (Â½) of the average weekly earnings of the injured employee, but in no case more than one hundred eighty dollars ($180) nor less than ninety dollars ($90.00) per week. Payment made under this section shall be made in a one-time payment unless the parties otherwise agree. Payment shall be mailed within fourteen (14) days of the entry of a decree, order, or agreement of the parties:

(i) For the loss by severance of both hands at or above the wrist, or for the loss of the arm at or above the elbow or for the loss of the leg at or above the knee, or both feet at or above the ankle, or of one hand and one foot, or the entire and irrecoverable loss of the sight of both eyes, or the reduction to one-tenth ( 1 / 10 ) or less of normal vision with glasses, for a period of three hundred twelve (312) weeks; provided, that for the purpose of this chapter the Snellen chart reading ( 20 / 200 ) shall equal one-tenth ( 1 / 10 ) of normal vision or a reduction of ninety percent (90%) of the vision. Additionally, any loss of visual performance including, but not limited to, loss of binocular vision, other than direct visual acuity may be considered in evaluating eye loss;

(ii) For the loss by severance of either arm at or above the elbow, or of either leg at or above the knee, for a period of three hundred twelve (312) weeks;

(iii) For the loss by severance of either hand at or above the wrist for a period of two hundred forty-four (244) weeks;

(iv) For the entire and irrecoverable loss of sight of either eye, or the reduction to one-tenth ( 1 / 10 ) or less of normal vision with glasses, or for loss of binocular vision for a period of one hundred sixty (160) weeks;

(v) For the loss by severance of either foot at or above the ankle, for a period of two hundred five (205) weeks;

(vi) For the loss by severance of the entire distal phalange of either thumb for a period of thirty-five (35) weeks; and for the loss by severance at or above the second joint of either thumb, for a period of seventy-five (75) weeks;

(vii) For the loss by severance of one phalange of either index finger, for a period of twenty-five (25) weeks; for the loss by severance of at least two (2) phalanges of either index finger, for a period of thirty-two (32) weeks; for the loss by severance of at least three (3) phalanges of either index finger, for a period of forty-six (46) weeks;

(viii) For the loss by severance of one phalange of the second finger of either hand, for a period of sixteen (16) weeks; for the loss by severance of two (2) phalanges of the second finger of either hand, for a period of twenty-two (22) weeks; for the loss by severance of three (3) phalanges of the second finger on either hand, for a period of thirty (30) weeks;

(ix) For the loss by severance of one phalange of the third finger of either hand, for a period of twelve (12) weeks; for the loss by severance of two (2) phalanges of the third finger of either hand, for a period of eighteen (18) weeks; for the loss by severance of three (3) phalanges of a third finger of either hand, for a period of twenty-five (25) weeks;

(x) For the loss by severance of one phalange of the fourth finger of either hand, for a period of ten (10) weeks; for the loss by severance of two (2) phalanges of the fourth finger of either hand, for a period of fourteen (14) weeks; for the loss by severance of three (3) phalanges of a fourth finger of either hand, for a period of twenty (20) weeks;

(xi) For the loss by severance of one phalange of the big toe on either foot, for a period of twenty (20) weeks; for the loss by severance of two (2) phalanges of the big toe of either foot, for a period of thirty-eight (38) weeks; for the loss by severance at or above the distal joint of any other toe than the big toe, for a period of ten (10) weeks for each such toe;

(xii) For partial loss by severance for any of the injuries specified in paragraphs (1)(i)  (1)(xi) of this subsection, proportionate benefits shall be paid for the period of time that the partial loss by severance bears to the total loss by severance.

(2) Where any bodily member or portion of it has been rendered permanently stiff or useless, compensation in accordance with the above schedule shall be paid as if the member or portion of it had been completely severed; provided, that if the stiffness or uselessness is less than total, then compensation shall be paid for that period of weeks in proportion to the applicable period where the member or portion of it has been completely severed as the instant percentage of stiffness or uselessness bears to the total stiffness or total uselessness of the bodily members or portion of them.

(3) In case of the following specified injuries there shall be paid in addition to all other compensation provided for in chapters 29  38 under this title a weekly payment equal to one-half (Â½) of the average weekly earnings of the injured employee, but in no case more than ninety dollars ($90.00) nor less than forty-five dollars ($45.00) per week. Payment under this subsection shall be made in a one-time payment unless the parties otherwise agree. Payment shall be mailed within fourteen (14) days of the entry of a decree, order, or agreement of the parties:

(i) For permanent disfigurement of the body the number of weeks may not exceed five hundred (500) weeks, which sum shall be payable in a one-time payment within fourteen (14) days of the entry of a decree, order, or agreement of the parties in addition to all other sums under this section wherever it is applicable.

(4)(i) Loss of hearing due to industrial noise is recognized as an occupational disease for purposes of chapters 29  38 of this title and occupational deafness is defined to be a loss of hearing in one or both ears due to prolonged exposure to harmful noise in employment. Harmful noise means sound capable of producing occupational deafness.

(ii) Hearing loss shall be evaluated pursuant to protocols established by the workers compensation medical advisory board. All treatment consistent with this subsection shall be consistent with the protocols established by the workers compensation medical advisory board subject to § 28-33-5.

(iii) If the employer has conducted baseline screenings within one (1) year of exposure to harmful noise to evaluate the extent of an employees preexisting hearing loss, the causative factor shall be apportioned based on the employees preexisting hearing loss and subsequent occupational hearing loss, and the compensation payable to the employee shall only be that portion of the compensation related to the present work-related exposure.

(iv) There shall be payable as permanent partial disability for total occupational deafness of one ear, seventy-five (75) weeks of compensation; for total occupational deafness of both ears, two hundred forty-four (244) weeks of compensation; for partial occupational deafness in one or both ears, compensation shall be paid for any periods that are proportionate to the relation that the hearing loss bears to the amount provided in this subdivision for total loss of hearing in one or both ears, as the case may be. For the complete loss of hearing for either ear due to external trauma or by other mechanism, acuity loss shall be paid pursuant to this subsection.

(v) No benefits shall be granted for tinnitus, psychogenic hearing loss, congenital hearing loss, recruitment, or hearing loss above three thousand (3,000) hertz.

(vi) The provisions of this subsection and the amendments insofar as applicable to hearing loss shall be operative as to any occupational hearing loss that occurs on or after September 1, 2003, except for acuity hearing loss related to a single event which shall become effective upon passage.

(vii) If previous hearing loss, whether occupational or not, is established by an audiometric examination or other competent evidence, whether or not the employee was exposed to assessable noise exposure within one year preceding the test, the employer is not liable for the previous loss, nor is the employer liable for a loss for which compensation has previously been paid or awarded. The employer is liable only for the difference between the percent of occupational hearing loss determined as of the date of the audiometric examination conducted by a certified audiometric technician using an audiometer which meets the specifications established by the American National Standards Institute (ANSI 3.6-1969, ri973) used to determine occupational hearing loss and the percentage of loss established by the baseline audiometric examination. An amount paid to an employee for occupational hearing loss by any other employer shall be credited against compensation payable by the subject employer for the hearing loss. The employee shall not receive in the aggregate greater compensation from all employers for occupational hearing loss than that provided in this section for total occupational hearing loss. A payment shall not be paid to an employee unless the employee has worked in excessive noise exposure employment for a total period of at least one hundred eighty (180) days for the employer for whom compensation is claimed.

(viii) No claim for occupational deafness may be filed until six (6) months separation from the type of noisy work for the last employer in whose employment the employee was at any time during the employment exposed to harmful noise.

(ix) The total compensation due for hearing loss is recovered from the employer who last employed the employee in whose employment the employee was last exposed to harmful noise and the insurance carrier, if any, on the risk when the employee was last so exposed, and if the occupational hearing loss was contracted while the employee was in the employment of a prior employer, and there was no baseline testing by the last employer, the employer and insurance carrier that is made liable for the total compensation as provided by this section may petition the workers compensation court for an apportionment of the compensation among the several employers that since the contraction of the hearing loss have employed the employee in a noisy environment.

(b) Where payments are required to be made under more than one clause of this section, payments shall be made in a one-time payment unless the parties otherwise agree. Payment shall be mailed within fourteen (14) days of the entry of a decree, order, or agreement of the parties and a penalty of one hundred dollars ($100) shall be assessed for every day that the payment is delinquent.

(c) Payments pursuant to this section, except paragraph (a)(3)(i) of this section, shall be made only after an employees condition as relates to loss of use has reached maximum medical improvement as defined in § 28-29-2 and as found pursuant to § 28-33-18(b).
R.I. Gen. Laws § 28-41-23 — RI Code / Title 28 / Chapter 28-41 / Section 28-41-23
§ 28-41-23. Removal to board of cases pending before appeal tribunals.
Status: in_force

The board of review may remove to itself or transfer to another appeal tribunal any appeal pending before an appeal tribunal. An appeal so removed to the board before a fair hearing has been completed shall be given a fair hearing by the board, as required by § 28-41-19 with respect to proceedings before an appeal tribunal.
R.I. Gen. Laws § 28-35-25 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-25
§ 28-35-25. Disobedience of subpoena.
Status: in_force

Any person subpoenaed who willfully and unlawfully fails or neglects to appear or to testify or to produce books, papers, and records as required, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), or imprisoned in the adult correctional institutions not longer than thirty (30) days. Each day a person shall so refuse or neglect shall constitute a separate offense.
R.I. Gen. Laws § 28-12-7 — RI Code / Title 28 / Chapter 28-12 / Section 28-12-7
§ 28-12-7. Revision of regulations.
Status: in_force

(a) The director of labor and training may, from time to time, propose modifications of or additions to any administrative regulations issued pursuant to § 28-12-6, or existing on May 2, 1956, in any mandatory wage order issued under the provisions of chapter 289 of the general laws of 1938, as amended.

(b) Notice shall be given of a public hearing to be held by the director of labor and training not less than thirty (30) days after the publication at which all persons in favor of or opposed to the modifications or additions may be heard.

(c) After the hearing, the director of labor and training may issue an order putting into effect the modifications of or additions to the administrative regulations as he or she deems appropriate; provided, that neither the director of labor and training, nor the commissioner of minimum wage, nor any advisory board set up under this chapter shall have any right, power, or authority to increase or decrease the minimum fair wage rates designated in § 28-12-3, nor to permit or authorize deductions to be made from the minimum fair wage rates, except as provided in this chapter.
R.I. Gen. Laws § 28-25-11 — RI Code / Title 28 / Chapter 28-25 / Section 28-25-11
§ 28-25-11. Issuance of certificate  Period of validity  Display.
Status: in_force

Whenever: (1) The division has inspected any boiler or pressure vessel and has found it safe for operation; (2) Any repairs required by the division to be made in any boiler or pressure vessel have been completed to its satisfaction; (3) In the case of any boiler or pressure vessel subsequently installed the administrator has satisfied himself or herself by inspection, or otherwise, that it may be safely operated; or (4) In the case of any boiler or pressure vessel subsequently erected, he or she has satisfied himself or herself that the boiler or pressure vessel complies with the standard established under § 28-25-9, he or she shall, upon payment of the required fee, issue to the owner of the boiler or pressure vessel his or her certificate authorizing the operation of the boiler or pressure vessel and stating the limit of pressure at which the boiler or pressure vessel may be used, and stating the date of issue of the certificate. The date of issue of the certificate shall be the date of approved inspection and the certificate shall be valid for a period of time determined and adopted by the code commission. Each certificate shall be conspicuously posted by the owner of the boiler or pressure vessel. If the boiler or pressure vessel is not located within the building, the certificate shall be posted in a location convenient to the boiler or pressure vessel inspected or in any place where it will be accessible to the interested parties.
R.I. Gen. Laws § 28-44-70 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-70
§ 28-44-70. Entrepreneurial training assistance program.
Status: in_force

(a) Definitions. As used in this section, unless the context clearly requires otherwise:

(1) Emergency unemployment compensation means benefits, including dependents allowances, payable to an individual as authorized by the Unemployment Compensation Extension Act of 2008 and in accordance with regulations established by the Secretary of Labor.

(2) Employment assistance activities means activities, including entrepreneurial training, business counseling, and technical assistance, approved by the director in which an individual identified through a worker profiling system as likely to exhaust regular benefits participates for the purpose of establishing a business and become self-employed.

(3) Employment assistance allowance means an allowance payable in lieu of regular benefits from the fund or an allowance payable in lieu of emergency unemployment compensation benefits to an individual participating in employment assistance activities who meets the requirements of this section.

(4) Entrepreneurial training assistance program means a program administered by the director under which an eligible individual may receive employment assistance allowances pursuant to the provisions of this section.

(5) Full-time basis means that the individual is devoting such amount of time as is customary to establish a business that will serve as a full-time occupation for that individual, but in no case less than thirty-five (35) hours per week.

(6) Regular benefits means benefits, including dependents allowances, payable to an individual under chapters 42  44 of this title, or under any other state law, including benefits payable to federal civilian employees and to ex-servicepersons pursuant to 5 U.S.C. § 8501 et seq., other than additional and extended benefits.

(b) Eligibility requirements for employment assistance allowances. Employment assistance allowances shall be payable to an individual at the same interval, on the same terms, and subject to the same conditions as regular benefits under chapters 42  44 of this title, except that:

(1) The requirements of §§ 28-44-12 and 28-44-20 relating to availability for work, active search for work, and refusal to accept suitable work are not applicable to the individual;

(2) The requirements of §§ 28-42-3(26), 28-42-3(28), and 28-44-7 relating to income are not applicable to income earned from self-employment by the individual;

(3) An individual who meets the requirements of this section shall be considered to be totally unemployed pursuant to § 28-42-3(28); and

(4) An individual who fails to participate in employment assistance activities or who fails to actively engage on a full-time basis in activities, which may include training, relating to the establishment of a business and becoming self-employed or who fails to provide information that the director requires shall be disqualified for the week the failure occurs and for each subsequent week until the individual shows to the satisfaction of the director that the individual meets the requirements of this section.

(c) Amount of employment assistance allowance. The weekly allowance payable under this section to an individual shall be an amount equal to the weekly benefit amount, including dependents allowances, payable to the individual for a week of total unemployment during the benefit year pursuant to § 28-44-6.

(1) For those individuals participating in the entrepreneurial training assistance program while collecting regular benefits under chapters 42  44 of this title, the sum of the allowance paid under this section and regular benefits paid under chapters 42  44 of this title to an individual with respect to any benefit year shall not exceed the maximum potential regular benefits, including dependents allowances, payable to that individual under chapters 42  44 of this title with respect to the benefit year.

(2) For those individuals participating in the entrepreneurial training assistance program while collecting emergency unemployment compensation benefits under the Unemployment Compensation Extension Act of 2008, the allowance paid under this section to an individual, with respect to any benefit year, shall not exceed an amount equal to twenty-six (26) times the individuals regular weekly benefit amount, including dependents allowances, payable to that individual under chapters 42  44 of this title, with respect to the benefit year. Any individual who chooses to terminate his or her participation in the entrepreneurial training assistance program, or who has completed participation in the program, and who continues to meet the emergency unemployment compensation eligibility requirements, shall be permitted to receive his or her emergency unemployment compensation benefits with respect to subsequent weeks of unemployment.

(d) Termination from the entrepreneurial training assistance program. The director may terminate any individual from the entrepreneurial training assistance program who fails to meet requirements of the program for three (3) or more weeks. Individuals who are terminated from or voluntarily leave the entrepreneurial training assistance program may receive, if otherwise eligible, regular benefits with respect to the benefit year; provided, that the total amount of regular benefits and employment assistance allowances paid to the individual shall not exceed the maximum potential regular benefits, including dependents allowances, payable to that individual under chapters 42  44 of this title with respect to the benefit year.

(e) Limitation on receipt of employment assistance allowances. (1) The aggregate number of individuals receiving employment assistance allowances under this section and under the regular benefits program under chapter 42  44 of this title for any week shall not exceed five percent (5.0%) of the total number of individuals receiving regular benefits under chapters 42  44 of this title for that week. The director shall, through regulations, prescribe any actions that are necessary to assure the requirements of this subsection are met. (2) The aggregate number of individuals receiving employment assistance allowances under this section and under the emergency unemployment compensation program for any week shall not exceed one percent (1.0%) of the total number of individuals receiving emergency unemployment compensation benefits. (3) The director shall, through regulations, prescribe any actions that are necessary to assure the requirements of this subdivision are met.

(f) Financing costs of employment assistance allowances. Notwithstanding any inconsistent provisions of chapters 42  44 of this title, employment assistance allowances paid pursuant to this section shall be paid with money drawn from the fund and the allowances shall be charged in the same manner as provided for regular benefits paid under chapters 42  44 of this title. Allowances attributable to federal military or federal civilian service or paid under the Unemployment Compensation Extension Act of 2008 shall be charged to the appropriate federal account.

(g) Effective date and termination date. The provisions of this section shall apply to weeks beginning after June 22, 1994, or to weeks beginning after any plan required by the United States Department of Labor is approved by the department, whichever date is later; provided, that nothing contained in this section shall be construed to require the director to operate an entrepreneurial training assistance program as allowed under this section. The authority provided by this section shall terminate:

(1) As of the effective date of the withdrawal of approval of any plan required by the United States Department of Labor; or

(2) As of the week containing the date when federal law no longer authorizes the provisions of this section.
R.I. Gen. Laws § 28-8-2 — RI Code / Title 28 / Chapter 28-8 / Section 28-8-2
§ 28-8-2. Suit in superior court.
Status: in_force

Labor organizations may sue as a legal entity for the benefit and on behalf of the employees whom they represent in the superior court of the state of Rhode Island having jurisdiction of the parties.
R.I. Gen. Laws § 28-3-19 — RI Code / Title 28 / Chapter 28-3 / Section 28-3-19
§ 28-3-19. Posting of copies of law.
Status: in_force

A printed copy of §§ 28-3-1  28-3-20 shall be posted by the inspectors in each workroom of every factory, manufacturing, or mercantile establishment where persons are employed who are affected by the provisions of this chapter.
R.I. Gen. Laws § 28-26-12.1 — RI Code / Title 28 / Chapter 28-26 / Section 28-26-12.1
§ 28-26-12.1. Inspection and right of entry.
Status: in_force

The division of professional regulation, by and through its hoisting engineer investigators, shall have the right and authority to enter, during times at which hoisting/excavating work is actually being performed, any commercial building, structure, or premises where hoisting/excavating work is being done, except, however, any building, structure, or premises exempt by law, for the purpose of ascertaining compliance with this chapter.
R.I. Gen. Laws § 28-3-10 — RI Code / Title 28 / Chapter 28-3 / Section 28-3-10
§ 28-3-10. Declaration of places or occupations as hazardous for minors.
Status: in_force

The department of labor and training is empowered and is authorized, under any rules that it may determine, to declare any particular work, occupation, trade, place, or process injurious, dangerous, or hazardous for minors under sixteen (16) years of age. The department of labor and training is also empowered and authorized, under any rules that it may determine, to declare any particular work, occupation, trade, place, or process injurious, dangerous, or hazardous for any particular minor under sixteen (16) years of age, although the work, occupation, trade, place, or process may not have been declared injurious, dangerous, or hazardous for all minors under sixteen (16) years of age. When the rules are determined, it shall be unlawful for the particular minor to be employed or permitted to work in the particular work, occupation, trade, place, or process declared by the department of labor and training to be injurious, dangerous, or hazardous for him or her.
R.I. Gen. Laws § 28-14-23 — RI Code / Title 28 / Chapter 28-14 / Section 28-14-23
§ 28-14-23. Assignment of wage claims to director  Prosecution of actions.
Status: in_force

The director shall have the power and authority to:

(1) Take assignments of wage claims and rights of action for penalties as provided by §§ 28-14-17 and 28-14-19 without being bound by any of the technical rules with reference to the validity of the assignments;

(2) Prosecute actions for the collection of the claims of persons who, in the judgment of the director, have claims which are valid and enforceable in the courts; and

(3) Join various claimants in one preferred claim or lien, and in case of suit to join them in one cause of action.
R.I. Gen. Laws § 28-45-1 — RI Code / Title 28 / Chapter 28-45 / Section 28-45-1
§ 28-45-1. Purposes.
Status: in_force

The purposes of this chapter are:

(1) To encourage employers, associations of employers, and organizations of employees to voluntarily establish apprenticeship programs and the making of apprenticeship agreements;

(2) To create opportunities for people to obtain employment and adequate training in trades and industry with parallel instructions in related and supplementary education under conditions that will equip them for profitable employment and citizenship;

(3) To cooperate with the promotion and development of apprenticeship programs and systems in other states and with the federal committee on apprenticeship appointed under 29 U.S.C. § 50 et seq.; and

(4) To provide for the registration and approval of apprenticeship programs and apprenticeship agreements and for the issuance of state certificates of completion of apprenticeship.
R.I. Gen. Laws § 28-42-22 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-22
§ 28-42-22. Requisitions from trust fund for temporary disability insurance fund.
Status: in_force

The director shall also from time to time requisition from the unemployment trust fund any amounts of money that shall be equal to the amount of employee payments already contributed to the fund by employees of the state, and the director shall deposit the moneys upon requisition into the temporary disability insurance fund created under § 28-39-4, solely for the purpose of payment of cash benefits to individuals with respect to their disability, exclusive of expenses of administration.
R.I. Gen. Laws § 28-18-7 — RI Code / Title 28 / Chapter 28-18 / Section 28-18-7
§ 28-18-7. Investigations and inspections  Communicable diseases.
Status: in_force

The director of labor and training shall enforce and administer the provisions of this chapter and the director or his or her authorized representative is directed to investigate and gather data regarding wages, hours, and working conditions in the homework industry in this state and is empowered to enter and inspect those places and records and investigate those matters as he or she deems appropriate to aid in the enforcement of this chapter. The director of labor and training shall inspect every home in which industrial homework is permitted and the materials issued to the industrial homeworker. If the inspection discloses that the home is not clean, the director of labor and training shall order the tenant to immediately clean it. If the inspection discloses that the home is in an unsanitary condition, or that there is an infectious or communicable disease, he or she shall immediately notify the state department of health and the local public health officials. The director of labor and training shall report to each local health officer the names and addresses of all industrial homeworkers in his or her city or town, and the local health officer shall notify the director of labor and training within twenty-four (24) hours of any cases of communicable or infectious disease in the industrial homeworkers homes. The director of labor and training shall order employers to suspend the distribution of homework to those homes until further notice.
R.I. Gen. Laws § 28-5-16 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-16
§ 28-5-16. Power to prevent unlawful practices  Preference for informal methods.
Status: in_force

The commission is empowered and directed, as subsequently provided, to prevent any person from engaging in unlawful employment practices, provided that before instituting the formal hearing authorized by §§ 28-5-18  28-5-27, it shall attempt, by informal methods of conference, persuasion, and conciliation, to induce compliance with this chapter.
R.I. Gen. Laws § 28-9-24 — RI Code / Title 28 / Chapter 28-9 / Section 28-9-24
§ 28-9-24. Force and effect of judgment.
Status: in_force

The judgment so entered has the same force and effect in all respects as, and is subject to all the provisions of law relating to a judgment in an action; and it may be enforced as if it had been rendered in an action in the court in which it is entered.
R.I. Gen. Laws § 28-35-11 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-11
§ 28-35-11. Questions determined by court.
Status: in_force

All questions arising under chapters 29  38 of this title and § 45-21.2-9 shall, except as otherwise provided, be determined by the workers compensation court in accordance with the provisions of those chapters.
R.I. Gen. Laws § 28-57-1 — RI Code / Title 28 / Chapter 28-57 / Section 28-57-1
§ 28-57-1. Short title.
Status: in_force

This chapter shall be known and may be cited as the Healthy and Safe Families and Workplaces Act.
R.I. Gen. Laws § 28-6-20 — RI Code / Title 28 / Chapter 28-6 / Section 28-6-20
§ 28-6-20. Liability of employer.
Status: in_force

(a) Any employee or former employee aggrieved by a violation of §§ 28-6-18(a) through (i) shall be entitled to the same protections and relief as under § 28-14-19.2(a).

(b) An employer who violates § 28-6-22 shall be liable for any compensatory damages; or special damages not to exceed ten thousand dollars ($10,000); appropriate equitable relief; and reasonable attorneys fees and costs. In setting the amount of damages, the appropriate finder of fact should consider the size of the employers business; the good faith of the employer; the gravity of the violation; the history of previous violations; and whether or not the violation was an innocent mistake or willful.
R.I. Gen. Laws § 28-57-8 — RI Code / Title 28 / Chapter 28-57 / Section 28-57-8
§ 28-57-8. Uniformity.
Status: in_force

No municipality shall establish, mandate, or otherwise require an employer to provide benefits in excess of those required under this chapter, including paid sick and safe leave to its employees, other than the paid sick and safe leave requirements provided by this chapter, or to apply sick and safe leave policies to statutorily exempt employees and workers.
R.I. Gen. Laws § 28-36-5 — RI Code / Title 28 / Chapter 28-36 / Section 28-36-5
§ 28-36-5. Policy provisions as to liability of employer and insurer.
Status: in_force

Every policy shall cover the entire liability of the employer under chapters 29  38 of this title, except for appeals from an order of the retirement board filed pursuant to the provisions of § 45-21.2-9, and shall contain an agreement by the insurer to the effect that the insurer shall be directly and primarily liable to the employee and, in the event of his or her death, to his or her dependents, to pay to him, her, or them the compensation, if any, for which the employer is liable.
R.I. Gen. Laws § 28-6-17 — RI Code / Title 28 / Chapter 28-6 / Section 28-6-17
§ 28-6-17. Definitions.
Status: in_force

As used in this chapter:

(1) Age means anyone who is at least forty (40) years of age.

(2) Comparable work means work that requires substantially similar skill, effort, and responsibility, and is performed under similar working conditions. Determining whether jobs are comparable will require an analysis of the jobs as a whole. Minor differences in skill, effort, or responsibility will not prevent two (2) jobs from being considered comparable.

(3) Director means the director of labor and training.

(4) Employee means any person as defined in § 28-14-1.

(5) Employer means any person or entity as defined in § 28-14-1.

(6) Employment means any employment under contract of hire, expressed or implied, written or oral, including all contracts entered into by helpers and assistants of employees, whether paid by employer or employee, if employed with the knowledge, actual or constructive, of the employer in which all or the greater part of the work is to be performed within the state.

(7) Occurrence of discriminatory practice means whenever a discriminatory compensation decision or other practice is adopted; whenever an individual becomes subject to a discriminatory compensation decision or other practice; or whenever an individual is affected by the application of a discriminatory compensation decision or other practice.

(8) Wage means 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, and includes benefits. An employer shall not be liable under this chapter for disparities in total gratuities as defined in § 28-12-5 or overtime pay as defined in § 28-12-4.1 or commissions if the disparity is due to a factor over which the employer does not have control.

(9) Wage history means the wages paid to an applicant for employment by the applicants current employer and/or previous employer or employers. Wage history shall not include any objective measure of the applicants productivity, such as revenue, sales, or other production reports.

(10) Wage range, as applied to an applicant for employment, means the wage range that the employer anticipates relying on in setting wages for the position and may include reference to any applicable pay scale; previously determined range of wages for the position; the actual range of wages for those currently holding equivalent positions; or the budgeted amount for the position, as applicable. Wage range, as applied to a current employee, may include reference to any applicable pay scale; previously determined range of wages for the position; or the range of wages for incumbents in equivalent positions, as applicable.
R.I. Gen. Laws § 28-14-2.2 — RI Code / Title 28 / Chapter 28-14 / Section 28-14-2.2
§ 28-14-2.2. Frequency of payment.
Status: in_force

(a) Except as provided in §§ 28-14-4, 28-14-5 and subsections (b) and (c) of this section, every employee other than employees of the state and its political subdivisions and of religious, literary, or charitable corporations shall be paid weekly all due wages from his or her employer, except those employees whose compensation is fixed at a biweekly, semi-monthly, monthly, or yearly rate.

(b) The director may, upon written petition showing good and sufficient reason, permit employers in the state of Rhode Island whose average payroll exceeds two hundred percent (200%) of the state minimum wage as defined in § 28-12-3 to pay wages less frequently than weekly provided:

(1) The employer makes payment of wages regularly on a predesignated date no less than twice per month;

(2) The employer provides proof of a surety bond or other sufficient demonstration of security in the amount of the highest biweekly payroll exposure in the preceding year for the employees subject to the petition; and

(3) If the involved employees are subject to collective bargaining, the employer provides the written consent of the collective bargaining representative for all involved employees.

(c) The director may, upon written petition showing good and sufficient reason, permit employers in the state of Rhode Island whose average payroll is less than two hundred percent (200%) of the state minimum wage as defined in § 28-12-3 to pay wages and salaries of their employees less frequently than weekly provided:

(1) The employer has supplied the department with the following information:

(i) The method through which wages shall be paid;

(ii) The requested frequency of payment;

(iii) The employers designated payday(s);

(iv) The classification of the employees involved;

(v) The salary range of the employees involved; and

(vi) The employers federal identification number;

(2) The employer makes payment of wages regularly on a predesignated date no less than twice per month;

(3) The employer has no history of wage and hour violations;

(4) The employer provides proof of a surety bond or other sufficient demonstration of security in the amount of the highest biweekly payroll exposure in the preceding year for the employees subject to the petition; and

(5) If the involved employees are subject to collective bargaining, the employer provides the written consent of the collective bargaining representative for all involved employees.

(d) If the director approves a written petition under subsection (b) or (c), the permission is valid for an indefinite period of time, provided that:

(1) Payroll is regularly satisfied on the designated payday;

(2) The information provided by the employer to substantiate its request does not change; and

(3) The employer remains in compliance with all other state labor laws.
R.I. Gen. Laws § 28-14-24 — RI Code / Title 28 / Chapter 28-14 / Section 28-14-24
§ 28-14-24. Setoff of money owed by employee to employer.
Status: in_force

(a) In any action for unpaid wages brought under the provisions of this chapter, the employer-debtor shall not deduct as a setoff or counterclaim:

(1) Any money allegedly due the employer as compensation for damages caused to the employers property by the negligence of the employee;

(2) Any money allegedly due the employer as rent; or

(3) Any money allegedly owed to the employer by the employee;

(b) Provided, that any employer granting the employee a loan or advance against future earnings or wages may deduct the loan as a setoff or counterclaim if evidenced by a statement in writing signed by the employee. Nothing in this section shall be construed to limit or restrict in any way any rights which the employer now has to recover, by a separate legal action, any money owed the employer by the employee.