R.I. Gen. Laws § 28-12-2 — RI Code / Title 28 / Chapter 28-12 / Section 28-12-2
§ 28-12-2. Definitions.
Status: in_force

As used in this chapter:

(1) Advisory board means a board created as provided in § 28-12-6.

(2) Commissioner means the minimum-wage commissioner appointed by the director of labor and training as chief of the division of labor standards.

(3) Director means the director of labor and training, or the directors duly authorized representative.

(4) Employ means to suffer or to permit to work.

(5)(i) Employee includes any individual suffered or permitted to work by an employer.

(ii) Employee shall not include:

(A) [Deleted by P.L. 2024, ch. 251, § 1 and P.L. 2024, ch. 252, § 1.]

(B) Any individual employed by the United States;

(C) Any individual engaged in the activities of an educational, charitable, religious, or nonprofit organization where the employer-employee relationship does not, in fact, exist, or where the services rendered to the organizations are on a voluntary basis;

(D) Newspaper deliverers on home delivery, shoe shiners in shoe shine establishments, caddies on golf courses, pin persons in bowling alleys, ushers in theatres;

(E) Traveling salespersons or outside salespersons;

(F) Service performed by an individual in the employ of the individuals son, daughter, or spouse and service performed by a child under the age of twenty-one (21) in the employ of the childs father or mother;

(G) Any individual employed between May 1 and October 1 in a resort establishment that regularly serves meals to the general public and that is open for business not more than six (6) months a year;

(H) Any individual employed by an organized camp that does not operate for more than seven (7) months in any calendar year. However, this exemption does not apply to individuals employed by the camp on an annual, full-time basis. Organized camp means any camp, except a trailer camp, having a structured program including, but not limited to, recreation, education, and religious, or any combination of these.

(6) Employer includes any individual, partnership, association, corporation, business trust, or any person, or group of persons, acting directly, or indirectly, in the interest of an employer, in relation to an employee.

(7) Occupation means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which individuals are gainfully employed.

(8) Wage means compensation due to an employee by reason of the employees employment.
R.I. Gen. Laws § 28-5-20.1 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-20.1
§ 28-5-20.1. Proceedings before other state administrative agencies.
Status: in_force

(a) The commission shall not be precluded from investigating, taking evidence, considering claims or issuing findings on matters that could have been presented to any other state administrative agency, but which were not actually presented and decided in a contested case as defined under the administrative procedures act, chapter 35 of title 42.

(b) To the extent the commission is bound by findings of fact and conclusions of law of another state administrative agency, the commission shall be entitled to grant any relief authorized under this chapter in accordance with those findings to the extent that this relief was not available to, or within the authority of, the other agency to provide.
R.I. Gen. Laws § 28-21-7 — RI Code / Title 28 / Chapter 28-21 / Section 28-21-7
§ 28-21-7. Falsification of information.
Status: in_force

If any employer or any of its officers or employees fails to comply with any of the provisions of this chapter by knowingly and intentionally misrepresenting, falsifying, concealing, destroying, or failing to retain the information necessary to comply with the provisions of this chapter, they shall be personally liable to any employee injured as a result of the noncompliance, whether or not the employer is a corporation to the extent that the liability may be imposed under the laws of the state of Rhode Island. The dissolution of a corporation shall not discharge an officers or employees liability for the conduct.
R.I. Gen. Laws § 28-42-84 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-84
§ 28-42-84. Job development fund  Disbursements  Unexpended balance.
Status: in_force

(a) The moneys in the job development fund shall be used for the following purposes:

(1) To reimburse the department of labor and training for the loss of any federal funds resulting from the collection and maintenance of the fund by the department;

(2) To make refunds of contributions erroneously collected and deposited in the fund;

(3) To pay any administrative expenses incurred by the department of labor and training associated with the collection of the contributions for employers paid pursuant to § 28-43-8.5, and any other administrative expenses associated with the maintenance of the fund, including the payment of all premiums upon bonds required pursuant to § 28-42-85;

(4) To provide for job training, counseling and assessment services, and other related activities and services. Services will include, but are not limited to, research, development, coordination, and training activities to promote workforce development and business development as established by the governors workforce board Rhode Island (workforce board);

(5) To support the states job training for economic development;

(6) Beginning January 1, 2001, two hundredths of one percent (0.02%) out of the job development assessment paid pursuant to § 28-43-8.5 shall be used to support necessary core services in the unemployment insurance and employment services programs operated by the department of labor and training;

(7) Beginning January 1, 2011, and ending in tax year 2014, three tenths of one percent (0.3%) out of the fifty-one hundredths of one percent (0.51%) job development assessment paid pursuant to § 28-43-8.5 shall be deposited into a restricted-receipt account to be used solely to pay the principal and/or interest due on Title XII advances received from the federal government in accordance with the provisions of Section 1201 of the Social Security Act [42 U.S.C. § 1321]; provided, however, that if the federal Title XII loans are repaid through a state revenue bond or other financing mechanism, then these funds may also be used to pay the principal and/or interest that accrues on that debt. Any remaining funds in the restricted-receipt account, after the outstanding principal and interest due has been paid, shall be transferred to the employment security fund for the payment of benefits;

(8) Beginning January 1, 2019, and ending December 31, 2019, the amount of the job development assessment paid pursuant to § 28-43-8.5 above nineteen hundredths of one percent (0.19%) shall be used to support necessary core services in the unemployment insurance and employment services programs operated by the department of labor and training; and

(9) Beginning January 1, 2023, and through the end of the subsequent biennial employment and training plan required by § 42-102-6(a)(2), at least four percent (4%) of prior fiscal year job development assessment revenues shall be utilized to provide contractor training program grants that shall prioritize minority business enterprises, and state and local building officials. As an addendum to that plan required by § 42-102-6(a)(2), there shall be a report that assesses the impact of the funding required by this subsection on these prioritized groups, including any impact on § 37-14.1-1, and prospectively assesses the need to continue this support, and provides recommendations to incorporate funding in the furtherance of developing these aforementioned workforce sectors.

(b) The general treasurer shall pay all vouchers duly drawn by the workforce board upon the fund, in any amounts and in any manner that the workforce board may prescribe. Vouchers so drawn upon the fund shall be referred to the controller within the department of administration. Upon receipt of those vouchers, the controller shall immediately record and sign them and shall promptly transfer those signed vouchers to the general treasurer. Those expenditures shall be used solely for the purposes specified in this section and its balance shall not lapse at any time but shall remain continuously available for expenditures consistent with this section. The general assembly shall annually appropriate the funds contained in the fund for the use of the workforce board and, in addition, for the use of the department of labor and training effective July 1, 2000, and for the payment of the principal and interest due on federal Title XII loans beginning July 1, 2011; provided, however, that if the federal Title XII loans are repaid through a state revenue bond or other financing mechanism, then the funds may also be used to pay the principal and/or interest that accrues on that debt.
R.I. Gen. Laws § 28-44-16 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-16
§ 28-44-16. Labor disputes.
Status: in_force

(a) An individual shall not be entitled to benefits if he or she became unemployed because of a strike or other industrial controversy in the establishment in which he or she was employed. This section shall not apply if it is shown to the satisfaction of the director that the claimant is not a member of the organization or group responsible for the labor dispute and is not participating in or financing or in any way directly interested in the labor dispute.

(b) Lockouts. Notwithstanding the provisions of subsection (a), an individual shall be entitled to benefits if his or her unemployment is the result of his or her employers withholding of employment for the purpose of resisting collective bargaining demands or gaining collective bargaining concessions, unless:

(1) The claimants employer is a member of a multi-employer collective bargaining group and the lockout is in response to a strike at another member of that multi-employer collective bargaining group; or

(2) The claimants employer establishes to the satisfaction of the director that it has offered to the labor organization representing the claimant an extension of then existing wages, hours, and working conditions, including enforceable no strike and no lockout prohibitions, for up to three (3) days and the lockout is in response to the labor organizations refusal to execute the extension.

(c) If the unemployment continues more than one week following the conclusion of a labor dispute, an individual who is otherwise eligible under the terms of this chapter shall be entitled to benefits.
R.I. Gen. Laws § 28-43-1 — RI Code / Title 28 / Chapter 28-43 / Section 28-43-1
§ 28-43-1. Definitions.
Status: in_force

The following words and phrases as used in this chapter have the following meanings, unless the context clearly requires otherwise:

(1) Balancing account means a book account to be established within the employment security fund, the initial balance of which shall be established by the director as of September 30, 1979, by transferring the balance of the solvency account on that date to the balancing account.

(2) Computation date means September 30 of each year; provided, however, that in calendar year 2024, for the purposes of establishing which schedule shall be in effect for tax year 2025, computation date means any date between September 30 and December 31 in the discretion of the director of the department of labor and training.

(3) Eligible employer means an employer who has had three (3) consecutive experience years during each of which contributions have been credited to the employers account and benefits have been chargeable to this account.

(4) Employers account means a separate account to be established within the employment security fund by the director as of September 30, 1958, for each employer subject to chapters 42  44 of this title, out of the money remaining in that fund after the solvency account has been established in the fund, by crediting to each employer an initial credit balance bearing the same relation to the total fund balance so distributed, as the employers tax contributions to the fund during the period beginning October 1, 1955, and ending on September 30, 1958, have to aggregate tax contributions paid by all employers during the same period; provided, that nothing contained in this section shall be construed to grant to any employer prior claim or rights to the amount contributed by the employer to the fund.

(5) Experience rate means the contribution rate assigned to an employers account under whichever is applicable of schedules A  I in § 28-43-8.

(6) Experience year means the period of twelve (12), consecutive calendar months ending September 30 of each year.

(7) Most recent employer means the last base-period employer from whom an individual was separated from employment and for whom the individual worked for at least four (4) weeks, and in each of those four (4) weeks had earnings of at least twenty (20) times the minimum hourly wage as defined in chapter 12 of this title.

(8) Reserve percentage means, in relation to an employers account, the net balance of that account on a computation date, including any voluntary contributions made in accordance with § 28-43-5.1, stated as a percentage of the employers twelve-month (12) average taxable payroll for the last thirty-six (36) months ended on the immediately preceding June 30.

(9) Reserve ratio of fund means the ratio which the total amount available for the payment of benefits in the employment security fund on September 30, 1979, or any computation date thereafter, minus any outstanding federal loan balance, plus an amount equal to funds transferred to the job development fund through the job development assessment adjustment for the prior calendar year, bears to the aggregate of all total payrolls subject to this chapter paid during the twelve-month (12) period ending on the immediately preceding June 30, or the twelve-month (12) average of all total payrolls during the thirty-six-month (36) period ending on that June 30, whichever percentage figure is smaller.

(10) Taxable payroll means, for the purpose of this chapter, the total of all wages as defined in § 28-42-3(29).

(11) Tax year means the calendar year.

(12) Total payroll means, for the purpose of this chapter, the total of all wages paid by all employers who are required to pay contributions under the provisions of chapters 42  44 of this title.

(13) Unadjusted reserve ratio of fund means the ratio which the total amount available for the payment of benefits in the employment security fund on September 30, 1979, or any computation date thereafter, minus any outstanding federal loan balance, bears to the aggregate of all total payrolls subject to this chapter paid during the twelve-month (12) period ending on the immediately preceding June 30, or the twelve-month (12) average of all total payrolls during the thirty-six-month (36) period ending on that June 30, whichever percentage figure is smaller.

(14) Voluntary contribution means a contribution paid by an employer to his or her account in accordance with § 28-43-5.1 to reduce the employers experience rate for the ensuing tax year.
R.I. Gen. Laws § 28-40-1_28-40-1 — RI Code / Title 28 / Chapter 28-40 / Section 28-40-1_28-40-1
§ 28-40-1. Amount of employee contributions  Wages on which based. [Effective until January 1, 2026.]28-40-1. Amount of employee contributions  Wages on which based. [Effective January 1, 2026.]
Status: in_force

(a) The taxable wage base under this chapter for each calendar year shall be equal to the greater of thirty-eight thousand dollars ($38,000) or the annual earnings needed by an individual to qualify for the maximum weekly benefit amount and the maximum duration under chapters 39  41 of this title. That taxable wage base shall be computed as follows: Every September 30, the maximum weekly benefit amount in effect as of that date shall be multiplied by thirty (30) and the resultant product shall be divided by thirty-six hundredths (.36). If the result thus obtained is not an even multiple of one hundred dollars ($100), it shall be rounded upward to the next higher even multiple of one hundred dollars ($100). That taxable wage base shall be effective for the calendar year beginning on the next January 1.

(b) Each employee shall contribute with respect to employment after the date upon which the employer becomes subject to chapters 39  41 of this title, an amount equal to the fund cost rate times the wages paid by the employer to the employee up to the taxable wage base as defined and computed in subsection (a) of this section. The employee contribution rate for the following calendar year shall be determined by computing the fund cost rate on or before November 15 of each year as follows:

(1) The total amount of disbursements made from the fund for the twelve-month (12) period ending on the immediately preceding September 30 shall be divided by the total taxable wages paid by employers during the twelve-month (12) period ending on the immediately preceding June 30. The ratio thus obtained shall be multiplied by one hundred (100) and the resultant product if not an exact multiple of one-tenth of one percent (0.1%) shall be rounded down to the next lowest multiple of one-tenth of one percent (0.1%);

(2) If the fund balance as of the preceding September 30 is less than the total disbursements from the fund for the six-month (6) period ending on that September 30, that difference shall be added to the total disbursements for the twelve-month (12) period ending September 30 for the purpose of computing the fund cost rate, and if the resulting fund cost rate is not an exact multiple of one-tenth of one percent (0.1%) it shall be rounded to the nearest multiple of one-tenth of one percent (0.1%).
R.I. Gen. Laws § 28-44-9 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-9
§ 28-44-9. Duration of benefits.
Status: in_force

The total amount of benefits payable during a benefit year to any eligible individual whose benefit year begins on or after October 1, 1989, but prior to July 1, 2012, shall be an amount equal to thirty-six percent (36%) of the individuals total wages for employment by employers subject to chapters 42  44 of this title during his or her base period; provided, that the total amount of benefits payable during a benefit year to any eligible individual whose benefit year begins on or after July 1, 2012, shall be an amount equal to thirty-three percent (33%) of the individuals total wages for employment by employers subject to chapters 42  44 of this title during his or her base period; provided, that no individual shall be paid total benefits in any benefit year that exceed twenty-six (26) times his or her weekly benefit rate. Dependents allowances to which he or she might be entitled under § 28-44-6 shall be in addition to the total benefits. If the total amount of benefits is not an exact multiple of one dollar ($1.00), then it shall be rounded to the next lower multiple of one dollar ($1.00).
R.I. Gen. Laws § 28-35-53 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-53
§ 28-35-53. Payment when due as condition to relief to employer.
Status: in_force

The employer shall not be entitled to any relief granted by §§ 28-35-39  28-35-52 if payments in accordance with the existing agreement or decree are not paid in full to the date of the filing of the petition or notice, or the date of the hearing before the commission, or if payments are not made in accordance with the terms of chapters 29  38 of this title.
R.I. Gen. Laws § 28-25-13 — RI Code / Title 28 / Chapter 28-25 / Section 28-25-13
§ 28-25-13. Reports by authorized inspectors  Certificate  Defective boilers.
Status: in_force

When any authorized inspector inspects a boiler or pressure vessel for an insurance company, he or she shall, within a period of twenty-one (21) days, make a report of that inspection on forms approved by the administrator of the division of occupational safety. If the boiler or pressure vessel is adjudged to be in a safe condition and found to conform in all respects with the codes adopted by the code commission under authority of this chapter, the owner shall pay to the administrator the required fee and the administrator shall issue to the owner of the boiler or pressure vessel, a certificate authorizing the operation of the boiler or pressure vessel. This certificate shall be issued in conformity with § 28-25-11. It shall be the responsibility of the authorized inspection agency doing business in this state to report to the administrator of the division of occupational safety the name of the owner or user and the location of each boiler or pressure vessel on which insurance has been refused, cancelled, or discontinued within ten (10) days of that action. Boilers or pressure vessels upon which insurance has been cancelled or refused due to existing dangerous defects shall be reported immediately to the administrator of the division of occupational safety.
R.I. Gen. Laws § 28-31-11 — RI Code / Title 28 / Chapter 28-31 / Section 28-31-11
§ 28-31-11. Effect of federal benefits to guard members.
Status: in_force

Where an injured member of the national guard or the Rhode Island state guard receives pay, subsistence, hospitalization, or other benefits from the United States as the result of an injury, those payments shall not affect his or her right to receive compensation under chapters 29  38 of this title. When the payments received from the United States are less than he or she would have been entitled to receive under those chapters, then he or she is entitled to receive all the benefits to which he or she would have been entitled under those chapters less the benefits actually received from the United States.
R.I. Gen. Laws § 28-29-26 — RI Code / Title 28 / Chapter 28-29 / Section 28-29-26
§ 28-29-26. Supervision of enforcement.
Status: in_force

(a) Department of labor and training. The director as provided for in chapters 29  38 of this title, chapter 53 of this title, and chapter 16.1 of title 42, shall have supervision over the enforcement of the provisions of those chapters, and the director shall have the power and authority to adopt and enforce all reasonable rules, regulations, and orders necessary and suitable to the administration of the departments responsibilities as described in those chapters.

(b)(1) Workers compensation court. The workers compensation court, as provided for in chapters 29  38 of this title, shall have supervision over the enforcement of the provisions of the chapters, and shall have the power and authority to adopt and enforce all reasonable rules, regulations, and orders necessary and suitable to the administration of its responsibilities described in the chapters. In addition to the foregoing, the court shall have the power and authority to hear and decide appeals from the retirement board in accordance with § 45-21.2-9. The court shall remain judicially and administratively independent. The workers compensation court shall have original jurisdiction over all civil actions filed pursuant to §§ 28-36-15 and 28-37-28 and pursuant to the provisions of chapter 53 of this title.

(2) Any petition arising from any dispute regardless of date of injury, unless specifically excepted, shall be filed with the court in accordance with chapter 35 of this title and the rules of practice promulgated by the workers compensation court.

(3) The enactment of this subsection shall not affect the rights of the parties established by any existing memorandum of agreement, suspension agreement and receipt, preliminary determination of the department of workers compensation, order or decree, or any existing right to the payment of compensation acquired pursuant to § 28-29-6 or §28-35-9.
R.I. Gen. Laws § 28-41-7 — RI Code / Title 28 / Chapter 28-41 / Section 28-41-7
§ 28-41-7. Total amount of benefits.
Status: in_force

The total amount of benefits payable during a benefit year to any eligible individual shall be an amount equal to thirty-six percent (36%) of the individuals total wages for employment by employers subject to chapters 39  41 of this title during his or her base period; provided, that no individual shall be paid total benefits in any benefit year that exceed thirty (30) times his or her weekly benefit rate; provided further, that dependents allowances to which he or she might be entitled under § 28-41-5 shall be in addition to these total benefits. If the total amount of benefits is not an exact multiple of one dollar ($1.00), then it shall be raised to the next higher multiple of one dollar ($1.00).
R.I. Gen. Laws § 28-41-3 — RI Code / Title 28 / Chapter 28-41 / Section 28-41-3
§ 28-41-3. Inclusion of unpaid wages.
Status: in_force

Wages earned by an employee for employment from employers, which remain unpaid because the assets of the employer for whom that employment was rendered are in the custody or control of an assignee for the benefit of a creditor, receiver, trustee, or any other fiduciary appointed by or under the control of a court of competent jurisdiction, shall, for all purposes of §§ 28-41-1  28-41-6 and § 28-41-11, be deemed to be, and shall be treated as though those wages had been paid to that employee during the calendar year within which those wages were earned.
R.I. Gen. Laws § 28-41-11 — RI Code / Title 28 / Chapter 28-41 / Section 28-41-11
§ 28-41-11. Eligibility.
Status: in_force

(a) For benefit years beginning on or after July 1, 1981, and prior to October 7, 1990, an individual shall be deemed eligible for benefits for any given week of his or her unemployment due to sickness only if he or she has, within the base period immediately preceding the benefit year in which that week of unemployment occurs, earned wages amounting to at least twenty (20) times the minimum hourly wage as defined in chapter 12 of this title, in each of at least twenty (20) weeks or, in the alternative, in an amount equal to three (3) times the total minimum amount required in this chapter.

(b) In order to be deemed eligible for benefits, an individual whose benefit year begins on or after October 7, 1990, must have been paid wages in:

(1) Any one calendar quarter of the base period that are at least two hundred (200) times the minimum hourly wage, as defined in chapter 12 of this title, and must have been paid wages in the base period amounting to at least one and one-half (1Â½) times the wages paid to the individual in that calendar quarter of the base period in which the individuals wages were highest; provided, that the minimum amount of total base period wages paid to the individual must be at least four hundred (400) times the minimum hourly wage, as defined in chapter 12 of this title. The base period wages must have been paid to the individual for performing services in employment for one or more employers subject to chapters 39  41 of this title; or, in the alternative,

(2) The base period for performing services in employment for one or more employers subject to chapters 39  41 of this title amounting to at least three (3) times the total minimum amount required in subsection (b)(1) of this section.

(c) In addition to the provisions of subsection (b) of this section, for benefit years that begin on or after July 1, 2012, an individual must have been unemployed due to sickness for at least seven (7) consecutive days in order to be eligible for benefits.
R.I. Gen. Laws § 28-44-71 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-71
§ 28-44-71. Back to Work Rhode Island Program.
Status: in_force

(a) Legislative findings and purpose. The general assembly hereby finds as follows:

(1) As of January 1, 2013, Rhode Islands unemployment rate is the highest in the New England region and above the national average;

(2) Despite this high unemployment, businesses report difficulties and frustration in locating employment candidates with the requisite knowledge, skills, and abilities they need;

(3) In an uncertain economy, employers are hesitant to invest in training if there is a risk the investment will not result in a qualified and skilled employee;

(4) Despite the need for skilled employees, job seekers face difficulties in getting their foot in the door to demonstrate their value to potential employers;

(5) Statistics indicate that unemployment compensation claimants who participated in employer-partnered, structured training programs return to work more quickly than those who do not, and that such programs have saved significant sums of employment security funds;

(6) The purpose of the Back to Work Rhode Island Program is to provide claimants with planned, structured, and career-relevant job training to gain new skills and abilities and help increase their prospects for employment, and assist employers in locating and obtaining skilled and well qualified job candidates for open employment positions.

(b) Definitions. For the purposes of this section, the following terms shall have the following meanings:

(1) Claimant means a person collecting unemployment security benefits under the provisions of chapters 42  44 of this title.

(2) Department means the Rhode Island department of labor and training.

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

(4) Participating employer means an employer who or that has voluntarily agreed to participate in the Back to Work Rhode Island Program and meets the criteria for participation established by this section and as determined by the director.

(5) Program means the Back to Work Rhode Island Program established under this section.

(6) Skill enhancement and job training means a planned, structured learning environment for the primary benefit of the trainee and from which the participating employer derives no immediate advantage and that is designed to provide the skills and knowledge necessary to meet the employers specifications for an occupation or trade.

(7) Unemployment benefits means the money payable to a claimant for his or her wage losses due to unemployment, payable pursuant to chapters 42  44 of this title, and includes any amounts payable pursuant to an agreement under federal law providing for compensation, assistance, or allowances with respect to unemployment.

(c) Program established. (1) The Back to Work Rhode Island Program is hereby established and shall be administered by the department of labor and training. (2) The program shall be designed so as to permit a claimant to be matched with an employer participating in the program and be placed in department-approved skill enhancement and job training made available by the employer. Participation by both claimant and employer shall be voluntary. The employer shall provide the claimant with skill enhancement and job training relevant to an open employment position for up to twenty-four (24) hours per week for up to six (6) weeks. Upon completion of the six-week (6) period, claimants must be considered for employment by the employer. During the six-week (6) period, the employer shall not compensate the claimant in any way other than the training that the claimant receives through participation in the program. Both the employer and the claimant may terminate participation in the program at any time. (3) Notwithstanding any other provision of this title to the contrary, no otherwise eligible individual shall be denied unemployment benefits because of his or her participation in the Back to Work Rhode Island Program; provided, however, that contingent upon appropriation, the claimant may receive a reasonable stipend in an amount determined by the director to cover any additional costs associated with their participation in the program, including, but not limited to, transportation or childcare costs. (4) The department shall notify employers of the availability of the program and shall provide employers with information and materials necessary to participate upon request. (5) The department shall continuously monitor the program to ensure that participating employers enter the program in good faith with the genuine expectation of hiring for the open position and with the intent and ability to provide relevant skill enhancement and job training. (6) The department shall develop and conduct an orientation program for participating claimants and employers informing them of the rules, regulations, opportunities, and limitations of the Back to Work Rhode Island Program. (7) A claimant may stay in the program if they exhaust benefits or lose program eligibility prior to the end of the six-week (6) period. (8) Participation in the program by a claimant shall be limited to six (6) weeks in any benefit year. A claimant shall be encouraged to end a training relationship that is not beneficial and shall be encouraged to preserve the remainder of his or her six (6) weeks of training for another training opportunity. (9) In order to participate, a claimant must be seeking work and must be able to work, available to work, and accept work during the training period. (10) Interested claimants shall be encouraged, but not required, to find employment opportunities that align with their current job skills, knowledge, and experience. Employers shall be encouraged to work with the department to locate claimants with current job skills, knowledge, and experience that align with the requirements of an open employment opportunity. (11) The claimant and the employer must agree upon a formal training plan and schedule that must be approved by the department and may include on-site training, education, and the application of skills or experiences. (12) Participation in the program may be limited based on program capacity as determined by the department. (13) The Back to Work Rhode Island Program will begin on October 1, 2013, and will expire on December 31, 2014. New participants will not be enrolled after November 18, 2014.

(d) Eligibility to be a participating employer. An employer wishing to participate in the Back to Work Rhode Island Program shall be required to meet the following qualifications, in addition to any further criteria established by the director:

(1) The employer must conduct business in Rhode Island; although, the business need not be domestic to Rhode Island;

(2) The employer must have a full-time position of employment available that the employer is desirous of filling;

(3) The employer must be willing and able to provide a participating claimant with skills enhancement and job training focused toward the position that is available;

(4) The employer must certify that the employer will not pay any wages or provide any payment in kind to the claimant during the course of the claimants participation in the program;

(5) The employer must certify that the employer will, at completion of the training period, consider the claimant for employment in the full-time position for which the claimant was trained;

(6) The employer must agree to follow up a claimants participation in the program with a performance evaluation of the claimant, regardless of whether or not the claimant is hired for employment;

(7) The employer must agree to provide information as requested by the department and verify that employment of a participating claimant will not displace nor have any impact on a promotion due an existing employee;

(8) The employer must certify that the employment and training opportunity is not due to a lockout, strike, or other labor dispute; and

(9) For employers with employees who are subject to collective bargaining, the written approval by the collective bargaining representative for each affected unit shall be required to be included in the plan for any job training for a position which would otherwise be covered by a collective bargaining agreement.

(e) Eligibility to be a participating claimant. (1) An individual receiving unemployment benefits and wishing to participate in the Back to Work Rhode Island Program must meet the following qualifications: (i) The individual must be eligible to receive Rhode Island unemployment compensation benefits; (ii) The individual must continue to file weekly continued claims to receive benefits unless otherwise exempted; (iii) The individual must continue to look for work and employment opportunities during their participation in the program, unless otherwise exempt; (iv) The individual must certify that he or she understands that participation in the program includes no guarantee of employment; (v) The individual must attend a mandatory orientation to be offered by the department; (vi) The individual must agree to provide relevant information as requested by the department and to cooperate with requests from the department for the evaluation of aspects of the Back to Work Rhode Island Program. (2) Claimants with a definite recall date within six (6) weeks and those who do not register for employment services are not eligible for the program.

(f) Workers compensation. (1) The department will provide workers compensation coverage for participating claimants. (2) A claimants participation in the program does not create an employment relationship with the department for the purposes of chapter 29 of this title. (3) For the purposes of computing an approved claimants wage compensation and benefit amount under chapter 29 of this title, the average weekly wage shall be the claimants maximum weekly unemployment compensation benefit rate for the benefit year in effect at the time of injury.

(g) Rules and regulations. The director shall promulgate such rules and regulations as the director deems necessary to implement the provisions of this section.

(h) Program performance monitoring. The department shall develop and implement a performance monitoring system which does the following:

(1) Collects critical information on the Back to Work Rhode Island Program on an annual basis or more frequently as determined by the director, including:

(i) Increases in claimant skills.

(ii) Skill training being provided by businesses.

(iii) Placement of claimants after training.

(iv) Challenges foreseen by businesses.

(v) Business training best practices.

(vi) Amount of weeks claimants received unemployment compensation benefits after completion of the training period.

(2) Defines the benefits of the program and its training to businesses, claimants, and the Employment Security Fund.

(i) Funding. Creation of the Back to Work Rhode Island Program is contingent upon funding.
R.I. Gen. Laws § 28-7-45 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-45
§ 28-7-45. Employees exempt from chapter.
Status: in_force

(a) The provisions of this chapter shall not apply: (1) To the employees of any employer who concedes to and agrees with the board that the employees are subject to and protected by the provisions of the Labor Management Relations Act, 1947, 29 U.S.C. § 141 et seq., or the Railway Labor Act, 45 U.S.C. § 151 et seq.; (2) Except as provided in Chapter 11 of title 36 as to employees of the state; (3) Except as provided in chapter 9.4 of this title as to employees of any political or civil subdivision or other agency thereof; (4) Except firefighters as defined in chapter 9.1 of this title and police officers as defined in chapter 9.2 of this title; or (5) Except school teachers as defined in chapter 9.3 of this title; provided, that in the case of firefighters, police officers, and healthcare provider employees, including those of hospitals, nursing homes, ambulatory care centers, and orphanages, the provisions of this chapter shall apply, but nothing contained in this chapter shall be deemed in any manner to grant to any firefighters, police officers, or healthcare provider employees, including those of hospitals, nursing homes, ambulatory care centers, and orphanages, the right to engage in any strike. Any strike by any firefighters, police officers, or healthcare provider employees, including those of hospitals, nursing homes, ambulatory care centers, and orphanages, shall be illegal.

(b) When an impasse is reached by an employer and a union representing healthcare provider employees, including those of hospitals, nursing homes, ambulatory care centers, and orphanages, the mediation services of the department of labor and training shall be utilized for mediation and factfinding. If the issues remain unresolved, then the parties shall proceed to arbitration in accordance with the rules of the American Arbitration Association.
R.I. Gen. Laws § 28-39-25 — RI Code / Title 28 / Chapter 28-39 / Section 28-39-25
§ 28-39-25. Criminal penalty for failure to make contributions or reports.
Status: in_force

Any individual, or employing unit or its agent, who or that knowingly fails or refuses to make any contribution or other payment required of an employing unit under chapters 39  41 of this title, or who or that knowingly fails or refuses to make any contribution or report at the time and in the manner required by the rules and regulations, shall upon conviction be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100), or by imprisonment not longer than sixty (60) days, or by both that fine and imprisonment, 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 § 28-33-20 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-20
§ 28-33-20. Computation of earnings.
Status: in_force

(a) For the purposes of this chapter, the average weekly wage shall be ascertained as follows:

(1)(i) For full-time or regular employees, by dividing the gross wages, inclusive of overtime pay; provided, that bonuses and overtime shall be averaged over the length of employment but not in excess of the preceding fifty-two (52) week period, earned by the injured worker in employment by the employer in whose service he or she is injured during the thirteen (13) calendar weeks immediately preceding the week in which he or she was injured, by the number of calendar weeks during which, or any portion of which, the worker was actually employed by that employer, including any paid vacation time. In making this computation, absence for seven (7) consecutive calendar days, although not in the same calendar week, shall be considered as absence for a calendar week.

(ii) When the employment commenced otherwise than the beginning of a calendar week, the calendar week and wages earned during that week shall be excluded in making the above computation.

(iii) When the employment previous to injury as provided above is computed to be less than a net period of two (2) calendar weeks, his or her weekly wage shall be considered to be equivalent to the average weekly wage prevailing in the same or similar employment at the time of injury except that when an employer has agreed to pay a certain hourly wage to the worker, then the hourly wage so agreed upon shall be the hourly wage for the injured worker and his or her average weekly wage shall be computed by multiplying that hourly wage by the number of weekly hours scheduled for full-time work by full-time employees regularly employed by the employer.

(iv) Where the injured employee has worked for more than one employer during the thirteen (13) weeks immediately preceding his or her injury, his or her average weekly wages shall be calculated upon the basis of wages earned from all those employers in the period involved by totaling the gross earnings from all the employers and dividing by the number of weeks in which he or she was actually employed by any employer, in the same manner as if the employee had worked for a single employer and, except in the case of apportionment of liability among successive employers as provided in § 28-34-8, the employer in whose employ the injury was sustained shall be liable for all benefits provided by chapters 29  38 of this title.

(v) A schedule of the computation of the average weekly wage in compliance with this section shall be a necessary part of the memorandum of agreement required by § 28-35-1.

(vi) Where the employer has been accustomed to paying the employee a sum to cover any special expense incurred by the employee by the nature of his or her employment, the sum paid shall not be reckoned as part of the employees wages, earnings, or salary.

(vii) The fact that an employee has suffered a previous injury or received compensation for a previous injury shall not preclude compensation for a later injury or for death; but in determining the compensation for the later injury or death, his or her average weekly wages shall be any sum that will reasonably represent his or her weekly earning capacity at the time of the later injury, in the employment in which he or she was working at that time, and shall be arrived at according to, and subject to the limitations of, the provisions of this section. In computing the average weekly wages earned subsequent to the first injury, the time worked and wages earned prior to that injury shall be excluded.

(2) In occupations that are seasonal, the average weekly wage means one-fifty second (1/52) of the total wages that the employee has earned during the twelve (12) calendar months immediately preceding the injury.

(3) Wages of an employee working part-time means the gross wages earned during the number of weeks so employed, or of weeks in which the employee worked, up to a maximum of twenty-six (26) calendar weeks immediately preceding the date of injury, divided by the number of weeks employed, or by twenty-six (26), as the case may be. Part-time means working by custom and practice under the verbal or written employment contract in force at the time of the injury, where the employee agrees to work or is expected to work on a regular basis less than twenty (20) hours per week. Wages shall be calculated as follows:

(i)(A) For part-time employees, by dividing the gross wages, inclusive of overtime pay; provided, any bonuses and overtime shall be averaged over the length of employment but not in excess of the preceding fifty-two (52) week period, earned by the injured worker in employment by the employer in whose service he or she is injured during the twenty-six (26) consecutive calendar weeks immediately preceding the week in which he or she was injured, by the number of calendar weeks during which, or any portion of which, the worker was actually employed by that employer, including any paid vacation time. In making this computation, absence for seven (7) consecutive calendar days, although not in the same calendar week, shall be considered as absence for a calendar week.

(B) When the employment commenced otherwise than the beginning of a calendar week, the calendar week and wages earned during that week shall be excluded in making the above computation.

(C) When the employment previous to injury as provided above is computed to be less than a net period of two (2) weeks, the weekly wage shall be considered to be equivalent to the average weekly wage prevailing in the same or similar employment at the time of injury except that when an employer has agreed to pay a certain hourly wage to the worker, then the hourly wage so agreed upon shall be the hourly wage for the injured worker and his or her average weekly wage shall be computed by multiplying that hourly wage by the number of weekly hours agreed upon in the contract of hire.

(ii) In the event the injured employee had concurrent employment with one or more additional employers at the time of injury, the average weekly wage shall be calculated for the twenty-six (26) calendar weeks preceding the week in which the employee was injured upon the basis of wages earned from all those employers in the period involved by totaling the gross earnings from all the employers and dividing by the number of usable weeks the employee actually was employed by that employer, in the same manner as if the employee had worked for a single employer; provided, in the case of apportionment of liability among successive employers pursuant to § 28-34-8, the employer in whose employ the injury was sustained shall be liable for all benefits provided by chapters 29  38 of this title. In the case that the injured employees other employer is a full-time employer, the average weekly wage shall be calculated according to subsection (a)(1) of this section for the thirteen (13) calendar weeks immediately preceding the week in which he or she was injured. Calculations for part-time employment shall be calculated separately for the twenty-six (26) calendar weeks immediately preceding the week of injury. A schedule of computation of the average weekly wage in compliance with this section shall be a necessary part of the memorandum of agreement required by § 28-35-1.

(iii) Where the employer is accustomed to paying the employee a sum to cover any special expense incurred by the employee by the nature of the employment, that sum shall not be reckoned as part of the employees wages, earnings, or salary. The fact that an employee has suffered a previous injury or received compensation for a previous injury shall not preclude compensation for a later injury or for death. In determining the compensation for the later injury or death, the average weekly wage shall be any sum that will reasonably represent the employees earning capacity at the time of the later injury, in the employment in which he or she was working at that time, and shall be derived according to, and subject to, the limitations of the provisions of this section; provided, that in computing the average weekly wages earned subsequent to the first injury, the time worked and wages earned prior to that injury shall be excluded.
R.I. Gen. Laws § 28-27-5 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-5
§ 28-27-5. Practices for which master or contractor license required.
Status: in_force

(a) No person shall: (1) Engage in this state in the business of the mechanical trades as a master or as an employer of the mechanical trades; (2) Enter into contracts or agreements for the installation, maintenance, repair, or servicing in the mechanical trades; (3) Advertise or represent in any form or matter that they are masters or that they will install pipefitting or refrigeration/air conditioning, or air distribution systems or perform fire protection sprinkler work, unless the person possesses a valid license issued by the department of labor and training under this chapter. All masters shall carry this license on their person at all times while so engaged, and shall affix their masters license number to any advertisement and/or contract they execute and/or bid they file with any consumer for their professional services and to any applicable permit required for the performance of those services.

(b) A person holding a valid master license under this chapter shall not be required to obtain an additional license under this chapter to perform sheet metal work when AC air handling equipment is ten (10) tons or less or when heating equipment does not exceed 250,000 BTUs. A person holding a valid master license under this chapter can bid or quote or solicit bids for the installation, maintenance, repair and perform all work and the servicing of sheet metal work, but must subcontract the aforementioned work to a properly licensed sheet metal contractor to perform the work only when AC air handling equipment is in excess of ten (10) tons or when heating equipment exceeds 250,000 BTUs. The subcontractor must secure the proper state or municipal permits for the work subcontracted to be performed.
R.I. Gen. Laws § 28-44-67 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-67
§ 28-44-67. Denial of unemployment compensation to illegal aliens.
Status: in_force

(a) Benefits shall not be payable on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of 8 U.S.C. § 1182(d)(5).

(b) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.

(c)(1) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to the individual are not payable because of his or her alien status shall be made except upon a preponderance of the evidence.

(2) Any modifications to the provisions of 26 U.S.C. § 3304(a)(14) as provided by United States Public Law 94-566 which specify other conditions or other effective dates than stated in this section for the denial of benefits based on services performed by aliens and which modifications are required to be implemented under state law as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, 26 U.S.C. § 3301 et seq., shall be deemed applicable under the provisions of this section.
R.I. Gen. Laws § 28-27-30 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-30
§ 28-27-30. Enforcement procedures.
Status: in_force

Violations of this chapter may be enjoined upon bill of complaint being filed in the superior court for the county in which those violations have been committed by the department of labor and training or by any association of pipefitter or refrigeration/air conditioning masters or journeypersons, licensed pipefitter or refrigeration/air condition masters or journeypersons, or association of sheet metal contractors or journeyperson sheet metal workers, licensed sheet metal contractor or journeyperson sheet metal worker or by any inspector. Injunctions may be granted by the superior court after hearing in open court against any person, firm, corporation, or association that has violated any of the provisions of this chapter, without regard to whether proceedings have been or may have been instituted before the department. No ex parte restraining orders shall be issued in suits brought pursuant to this section. Violators may also be ordered to pay the complaints reasonable attorneys fees.
R.I. Gen. Laws § 28-39-26 — RI Code / Title 28 / Chapter 28-39 / Section 28-39-26
§ 28-39-26. Pecuniary penalty for failure to make contributions or reports.
Status: in_force

An employer who fails to file any report required under chapters 39  41 of this title, or who or that fails or refuses to pay any contributions required under those chapters in the manner and at the times required by the laws and regulations or as the director may, in accordance with those laws and regulations, prescribe, shall pay a penalty of ten dollars ($10.00) for each failure or refusal to file, and where any contribution is due, shall pay an additional penalty of ten percent (10%) of the amount due. These penalties shall be paid into the temporary disability insurance reserve fund, and shall be in addition to contributions and interest required to be paid as provided in chapters 39  41; provided, that if any employer fails to pay the penalty, when assessed, it shall be collected by civil action as provided in § 28-40-12.
R.I. Gen. Laws § 28-18-16 — RI Code / Title 28 / Chapter 28-18 / Section 28-18-16
§ 28-18-16. Penalty for violations.
Status: in_force

Any person who violates any provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300) for each offense. Each day any violation occurs or continues shall constitute a separate offense.

The provisions of this chapter shall not apply to any corporation organized for a purpose authorized by §7-6-4 or to any individual or organization engaged in providing work of a philanthropic, educational, or therapeutic nature.
R.I. Gen. Laws § 28-7-49 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-49
§ 28-7-49. No limitation on healthcare benefit providers.
Status: in_force

No collective bargaining agreement covering any group or groups of state employees, public school teachers, or employees of any city or town, ratified after August 1, 2008, shall specify that an employer must procure a healthcare benefit plan from a specific provider of such plans. The technical qualifications of the healthcare benefit plan, to be contracted for, shall not be framed or constructed in a manner designed to identify an exclusive provider of said healthcare services.
R.I. Gen. Laws § 28-14-26 — RI Code / Title 28 / Chapter 28-14 / Section 28-14-26
§ 28-14-26. Service of process.
Status: in_force

Any deputy sheriff requested by the director to serve summons, writs, complaints, orders, including any garnishment papers and all necessary and legal papers, shall do so without requiring the director to advance the fees or furnish any security or bond.
R.I. Gen. Laws § 28-25-20 — RI Code / Title 28 / Chapter 28-25 / Section 28-25-20
§ 28-25-20. Reports to general assembly and governor.
Status: in_force

The administrator of the division of occupational safety shall make a report to the general assembly in January, biennially, in the even years, setting forth the number of boilers inspected by the division and the number of boilers reported to the division and exempted from inspection under the provisions of this chapter, so far as the administrator shall be able to determine the number, and also making any recommendations that he or she shall see fit, for the promotion of public safety. He or she may, in his or her discretion, make more frequent reports to the general assembly and may be required by the governor to make reports to him or her at any time as to any matters pertaining to the duties of the division.
R.I. Gen. Laws § 28-40-2 — RI Code / Title 28 / Chapter 28-40 / Section 28-40-2
§ 28-40-2. Exemption of employee dependent on spiritual healing.
Status: in_force

An employee who adheres to the faith or teachings of any church, sect, or denomination and in accordance with its creed, tenets, or principles, depends for healing upon prayer or spiritual means in the practice of religion, shall be exempt from chapters 39  41 of this title and excluded from these provisions upon the filing with the director and with his or her employer, affidavits, in duplicate, stating that adherence and dependence, and disclaiming any and all benefits under those chapters whether or not arising before the passage of these provisions, and stating the name of the employer of that employee, which affidavits shall contain certifications by the president of the church which that employee attends, or certifications of any practitioner in the state who is authorized to practice healing based upon prayer or spiritual means, stating the adherence and dependence of that employee. Subsequently, that employee and his or her employer shall be exempt from liability for contributions with respect to that employee provided for under chapters 39  41 of this title, and the employer shall be entitled to rely upon the affidavit filed with it unless and until it receives notice from the director that these provisions have not been complied with or that the affidavit is not in proper form. In case the employee, after the filing of the affidavits, obtains new employment, he or she must file new affidavits as provided in this section in order to be exempt from chapters 39  41 of this title.
R.I. Gen. Laws § 28-43-30 — RI Code / Title 28 / Chapter 28-43 / Section 28-43-30
§ 28-43-30. Reimbursement payments  Nonprofit organizations and governmental entities.
Status: in_force

(a) At the end of each month, the director shall bill each nonprofit organization or group of those organizations or governmental entity that has elected to make payment in lieu of contributions, for an amount equal to the full amount of regular benefits, plus the full amount of extended benefits paid during that month, less any federal payments to the state under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970, that is attributable to service in the employ of that organization or entity; provided, that for weeks of unemployment beginning on or after January 1, 1979, those governmental entities shall be responsible for reimbursing the employment security fund for the full amount of extended benefits paid that is attributable to service in the employ of those entities. Each nonprofit organization or group of those organizations or governmental entity that has elected to make payment in lieu of contributions, shall also be liable to reimburse the employment security fund for any benefits payments made if the director establishes on or after October 1, 2013, that the payment was made because the employer, or an agent of the employer, was at fault for failing to respond timely or adequately to the request of the department for information relating to the claim for unemployment benefits that was subsequently overpaid.

(b) The amount computed for the state shall be reported monthly to the general treasurer and shall then be paid from the general fund of the state upon approval thereof in accordance with the law in effect, except that to the extent that benefits are paid by the state from special administrative funds, the payment by the state into the employment security fund shall be made from special funds.

(c) The amount so computed for political subdivisions, instrumentalities, and all other governmental entities shall be reported monthly to the financial authorities who shall pay the required amount into the employment security fund in accordance with regulations as prescribed.

(d) Payment of any bill rendered under subsection (a) of this section shall be made not later than thirty (30) days after that bill was mailed to the last known address of the nonprofit organization or governmental entity, or was otherwise delivered to it. The bill rendered to an employer shall constitute the directors determination and shall be binding upon the employer unless an appeal is duly filed in writing to the board of review in accordance with the provisions of § 28-43-14, within fifteen (15) days of the mailing or other delivery.

(e) Payments made by any nonprofit organization or governmental entity under the provisions of this section shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization.

(f) With respect to nonprofit organizations or groups of organizations and governmental entities, past due payments of amounts in lieu of contributions shall be subject to the same interest and penalties that apply to delinquent contributions under §§ 28-42-65 and 28-43-15.

(g) If any nonprofit organization or governmental entity is delinquent in making payments in lieu of contributions as required under the provisions of this section, the director may terminate that organizations or entitys election to make payments in lieu of contributions as of the beginning of the next taxable year and that termination shall be effective for that and the next taxable year.
R.I. Gen. Laws § 28-5-13 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-13
§ 28-5-13. Powers and duties of commission.
Status: in_force

The commission shall have the following powers and duties:

(1) To establish and maintain a principal office in the city of Providence, Rhode Island, and any other offices within the state that it may deem necessary.

(2) To meet and function at any place within the state.

(3) To appoint any attorneys, clerks, and other employees and agents that it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties. The provisions of chapter 4 of title 36 shall not apply to this chapter.

(4) To adopt, promulgate, amend, and rescind rules and regulations to effectuate the provisions of this chapter, and the policies and practice of the commission in connection with this chapter.

(5) To formulate policies to effectuate the purposes of this chapter.

(6) To receive, investigate, and pass upon charges of unlawful employment practices.

(7)(i) In connection with any investigation or hearing held pursuant to the provisions of this chapter, to hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and, in connection with the investigation or hearing, to require the production for examination of any books and papers relating to any matter under investigation or in question before the commission.

(ii) The commission may make rules as to the issuance of subpoenas by individual commissioners.

(iii) Contumacy or refusal to obey a subpoena issued pursuant to this section shall constitute a contempt punishable, upon the application of the commission, by the superior court in the county in which the hearing is held or in which the witness resides or transacts business.

(8) Utilize voluntary and uncompensated services of private individuals and organizations as may from time to time be offered and needed.

(9)(i) Create any advisory agencies and conciliation councils, local or statewide, that will aid in effectuating the purposes of this chapter. The commission may itself, or it may empower these agencies and councils to:

(A) Study the problems of discrimination in all or specific fields of human relationships when based on race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin, and

(B) Foster, through community effort or otherwise, good will among the groups and elements of the population of the state.

(ii) The agencies and councils may make recommendations to the commission for the development of policies and procedure in general.

(iii) Advisory agencies and conciliation councils created by the commission shall be composed of representative citizens serving without pay, but with reimbursement for actual and necessary traveling expenses.

(10) Issue any publications and any results of investigations and research that in its judgment will tend to promote good will and minimize or eliminate discrimination based on race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin.

(11) From time to time, but not less than once a year, report to the legislature and the governor, describing the investigations, proceedings, and hearings the commission has conducted and their outcome, the decisions it has rendered, and the other work performed by it, and make recommendations for any further legislation, concerning abuses and discrimination based on race or color, religion, sex, sexual orientation, gender identity or expression, disability, age or country of ancestral origin, that may be desirable.
R.I. Gen. Laws § 28-1-1 — RI Code / Title 28 / Chapter 28-1 / Section 28-1-1
§ 28-1-1. Annual report of director to general assembly.
Status: in_force

The director of labor and training shall collect, arrange, tabulate, and publish, in a report by him or her to be made to the general assembly annually in January, the facts and statistical details in relation to the condition of labor and business in all mechanical, manufacturing, commercial, and other industrial business of the state, and especially in relation to the social, educational, and sanitary condition of the laboring classes, with any suggestions that he or she deems to be proper for the improvement of their condition and the bettering of their advantages for intellectual and moral instruction, together with any other information that he or she deems to be useful to the general assembly in the proper performance of its legislative duties regarding the subjects that he or she is required to report.
R.I. Gen. Laws § 28-27-4.3 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-4.3
§ 28-27-4.3. Sheet metal worker apprentice, sprinkler fitter apprentice, pipefitter apprentice, and refrigeration/air conditioning apprentice defined  Duration of apprentice programs.
Status: in_force

(a) Sheet metal worker apprentice means any person at least eighteen (18) years of age who is learning or working at the businesses of sheet metal work under the direct supervision of a sheet metal contractor or journeyperson sheet metal worker as a registered apprentice in an appropriate apprenticeship program registered in accordance with chapter 45 of this title.

(b) Sprinkler fitter apprentice means any person at least eighteen (18) years of age who is learning or working at the business of fire protection sprinkler systems under the direct supervision of a master or journeyperson sprinkler fitter as a registered apprentice in an appropriate apprenticeship program registered in accordance with chapter 45 of this title.

(c) Pipefitter apprentice means any person at least eighteen (18) years of age who is learning or working at the business of pipefitting as a registered apprentice in an appropriate apprenticeship program registered in accordance with chapter 45 of this title.

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

(e) Refrigeration/air conditioning apprentice means any person at least eighteen (18) years of age who is learning and working at the business of refrigeration/air conditioning under the direct supervision of a refrigeration/air conditioning master or journeyperson as a registered apprentice in an appropriate apprenticeship program registered in accordance with chapter 45 of this title.
R.I. Gen. Laws § 28-25-9 — RI Code / Title 28 / Chapter 28-25 / Section 28-25-9
§ 28-25-9. Formulation and adoption of codes, rules, and regulations.
Status: in_force

The code commission for occupational safety and health shall formulate and/or adopt a code of rules and regulations for the construction, installation, inspection, maintenance, repair, alteration, and operation of boilers and pressure vessels. Codes adopted and enforced shall be the standard code of rules as published and enunciated by the American Society of Mechanical Engineers and the National Board of Boiler and Pressure Vessel Inspectors and any amendments to them, as were in effect as of January 1, 2007. Subsequent amendments to the state code shall be effective only after complying with the provisions of the Rhode Island administrative procedures act. Codes relating to controls, safety devices, and appurtenances shall follow ASME CSD-1 or the NFPA  85 Series, as applicable. Additional regulations and standards pursuant to the commissioning of authorized inspectors, formulation of fee structure for inspection and certification of boilers and pressure vessels, and/or review of operations shall be adopted in keeping with the appropriate standards.
R.I. Gen. Laws § 28-9-14 — RI Code / Title 28 / Chapter 28-9 / Section 28-9-14
§ 28-9-14. Arbitration as special proceeding  Jurisdiction of superior court.
Status: in_force

Arbitration of a controversy under a contract or submission described in this chapter shall be deemed a special proceeding, of which the superior court for the county in which one of the parties resides or is doing business, or in which the arbitration was held, shall have jurisdiction.
R.I. Gen. Laws § 28-41-36 — RI Code / Title 28 / Chapter 28-41 / Section 28-41-36
§ 28-41-36. Certification of eligibility for leave.
Status: in_force

(a) An individual who exercises his or her right to leave covered by the temporary caregiver insurance program under this chapter shall file a certificate form with all information required by the department.

(b) For leave for reason of caring for a seriously ill family member, an employee shall file a certificate with the department that shall contain:

(1) A diagnosis and diagnostic code prescribed in the international classification of diseases, or where no diagnosis has yet been obtained, a detailed statement of symptoms;

(2) The date if known, on which the condition commenced;

(3) The probable duration of the condition;

(4) An estimate of the amount of time that the licensed qualified healthcare provider believes the employee is needed to care for the family member;

(5) A statement that the serious health condition warrants the participation of the employee to provide care for his or her family member. Warrants the participation of the employee includes, but is not limited to, providing psychological comfort, arranging third-party care for the family member as well as directly providing, or participating in the medical and physical care of the patient; and

(6) A certificate filed to establish medical eligibility of the serious health condition of the employees family member shall be made by the family members treating licensed qualified heathcare provider.

(7) In the case of a parent, or persons who are in loco parentis caring for the serious health condition of a foster care child, the employee shall submit all required information in accordance with this section, with a written request to the department of children, youth and families for the release of medical information by the childs treating licensed qualified healthcare provider. The department of children, youth and families shall transmit the requested medical information, pending all properly submitted forms, to the department of labor and training, within ten (10) business days of request. In the absence of the requested transmitted medical information by the department of children, youth and families within ten (10) business days, the employee may request the licensed qualified healthcare provider to directly transmit the medical eligibility of the serious health condition to the department of labor and training. Payment shall not be delayed, in accordance with all provisions of chapters 39  41 of this title, as a result of delays by the department of children, youth and families in transmitting medical information.

(c) The department shall develop a certificate of eligibility form for leave in the case of bonding as defined herein, for the birth of a newborn child of the employee or the employees domestic partner, or the placement of a child with the employee in connection with the adoption or foster care of the child by the employee or domestic partner, or persons in loco parentis. Information shall include the following:

(1) A birth certificate, certificate of adoption, or other competent evidence showing the employee or the employees domestic partner, or persons in loco parentis is the parent of the child within twelve (12) months of the childs adoption, birth, or placement for adoption or foster care with the employee.
R.I. Gen. Laws § 28-27-29 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-29
§ 28-27-29. Persons and acts exempt.
Status: in_force

(a) The provisions of this chapter shall not apply to persons classified as maintenance personnel regularly in the employ of a public utility company doing utility company work, hospitals, schools, city, town or state employees regularly employed as maintenance personnel on the premises of the employer, and to any person employed in a plant maintenance department.

(b) Maintenance is confined to the specific premise and means preserving or repairing anything that exists and can be maintained by persons regularly employed within a specific building or complex. Normally, city or town permits are not required for this work, nor is a state pipefitters/refrigeration or sheet metal workers license.

(c) Service work means work performed by state licensed qualified tradespersons or pipefitters/refrigeration mechanics or sheet metal workers.

(d) Installation or new construction means the modification, altering, or installation of any piping/refrigeration or air distribution systems or their components (i.e., boilers, pumps, compressors, circulators, fans, and coils). This work requires state licensed pipefitter/refrigeration workers or sheet metal workers and city and town or state mechanical permits. If boiler installation is over two hundred thousand (200,000) BTUs on commercial work, a state boiler permit from occupational safety is required.
R.I. Gen. Laws § 28-7-30 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-30
§ 28-7-30. Boards order not stayed by judicial proceedings.
Status: in_force

The commencement of proceedings under §§ 28-7-26 and 28-7-29 shall not, unless specifically ordered by the court, operate as a stay of the boards order.
R.I. Gen. Laws § 28-5-33 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-33
§ 28-5-33. Exclusive jurisdiction of court  Appeal to supreme court.
Status: in_force

The jurisdiction of the court shall be exclusive and its judgment and order shall be, when necessary, subject to review by the supreme court as provided by law, to which court an appeal from the judgment and order may be made as provided by law.
R.I. Gen. Laws § 28-33-8 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-8
§ 28-33-8. Employees choice of physician, dentist, or hospital  Payment of charges  Physician reporting schedule.
Status: in_force

(a)(1) An injured employee shall initially have freedom of choice to obtain health care, diagnosis, and treatment from any qualified healthcare provider. The initial healthcare provider of record may, without prior approval, refer the injured employee to any qualified specialist for independent consultation or assessment, or specified treatment. If the insurer or self-insured employer has a preferred-provider network approved and kept on record by the medical advisory board, any change by the employee from the initial healthcare provider of record shall only be to a healthcare provider listed in the approved preferred-provider network; provided, however, that any contract proffered or maintained that restricts or limits the healthcare providers ability to make referrals pursuant to the provisions of this section; restricts the injured employees first choice of healthcare provider; substitutes or overrules the treatment protocols maintained by the medical advisory board; or attempts to evade or limit the jurisdiction of the workers compensation court shall be void as against public policy. If the employee seeks to change to a healthcare provider not in the approved preferred-provider network, the employee must obtain the approval of the insurer or self-insured employer. Nothing contained in this section shall prevent the treatment, care, or rehabilitation of an employee by more than one physician, dentist, or hospital. The employees first visit to any facility providing emergency care or to a physician or medical facility under contract with or agreement with the employer or insurer to provide priority care shall not constitute the employees initial choice to obtain health care, diagnosis, or treatment.

(2) In addition to the treatment of qualified healthcare providers, the employee shall have the freedom to obtain a rehabilitation evaluation by a rehabilitation counselor certified by the director pursuant to §28-33-41 in cases where the employee has received compensation for a period of more than three (3) months, and the employer shall pay the reasonable fees incurred by the rehabilitation counselor for the initial assessment.

(b) Within three (3) days of an initial visit following an injury, the healthcare provider shall provide to the insurer or self-insured employer, and the employee and his or her attorney, a notification of compensable injury form to be approved by the administrator of the medical advisory board. Within three (3) days of the injured employees release or discharge, return to work, and/or recovery from an injury covered by chapters 29  38 of this title, the healthcare provider shall provide a notice of release to the insurer or self-insured employer, and the employee and his or her attorney, on a form approved by the division. A thirty dollar ($30.00) fee may be charged by the healthcare provider to the insurer or self-insured employer for the notification of compensable injury forms or notice of release forms or for affidavits filed pursuant to subsection (c) of this section, but only if filed in a timely manner. No claim for care or treatment by a physician, dentist, or hospital chosen by an employee shall be valid and enforceable as against his or her employer, the employers insurer, or the employee, unless the physician, dentist, or hospital gives written notice of the employees choice to the employer/insurance carrier within fifteen (15) days after the beginning of the services or treatment. The healthcare provider shall, in writing, submit to the employer or insurance carrier an itemized bill and report for the services or treatment and a final itemized bill for all unpaid services or treatment within three (3) months after the conclusion of the treatment. The employee shall not be personally liable to pay any physician, dentist, or hospital bills in cases where the physician, dentist, or hospital has forfeited the right to be paid by the employer or insurance carrier because of noncompliance with this section.

(c)(1) At ten (10) weeks from the date of injury, then every ten (10) weeks thereafter until maximum medical improvement, any qualified physician or other healthcare professional providing medical care or treatment to any person for an injury covered by chapters 29  38 of this title shall file an itemized bill and an affidavit with the insurer, the employee and his or her attorney, and the medical advisory board. The affidavit shall be on a form designed and provided by the administrator of the medical advisory board and shall state:

(i) The type of medical treatment provided to date, including type and frequency of treatment(s);

(ii) Anticipated further treatment, including type, frequency, and duration of treatment(s), whether or not maximum medical improvement has been reached, and the anticipated date of discharge;

(iii) Whether the employee can return to the former position of employment, or is capable of other work, specifying work restrictions and work capabilities of the employee.

(2) The affidavit shall be admissible as an exhibit of the workers compensation court with or without the appearance of the affiant.

(d) Itemized bill, as referred to in this section, means a completed statement of charges, on a form CMS HCFA 1500, UB 92/94 or other form suitable to the insurer, that includes, but is not limited to: an enumeration of specific types of care provided; facilities or equipment used; services rendered; and appliances or medicines prescribed, for purposes of identifying the treatment given the employee with respect to his or her injury.

(e)(1) The treating physician shall furnish to the employee, or to his or her legal representative, a copy of his or her medical report within ten (10) days of the examination date.

(2) The treating physician shall notify the employer, and the employee and his or her attorney, immediately when an employee is able to return to full or modified work.

(3) There shall be no charge for a health record when that health record is necessary to support any appeal or claim under the workers compensation act, §23-17-19.1(16). The treating physician shall furnish to the employee, or to his or her legal representative, a medical report, within ten (10) days of the request, stating the diagnosis, disability, loss of use, end result and/or causal relationship of the employees condition associated with the work-related injury. The physician shall be entitled to charge for these services only as enunciated in the state of Rhode Island workers compensation medical fee schedule.

(f)(1) Compensation for medical expenses and other services under §28-33-5, §28-33-7, or this section is due and payable within twenty-one (21) days from the date a request is made for payment of these expenses by the provider of the medical services. In the event payment is not made within twenty-one (21) days from the date a request is made for payment, the provider of medical services may add, and the insurer or self-insurer shall pay, interest at the per annum rate as provided in §9-21-10 on the amount due. The employee or the medical provider may file a petition with the administrator of the workers compensation court, which petition shall follow the procedure as authorized in chapter 35 of this title.

(2) The twenty-one-day (21) period in subsection (f)(1) of this section and in §28-35-12 shall begin on the date the insurer receives a request with appropriate documentation required to determine whether the claim is compensable and the payment requested is due.
R.I. Gen. Laws § 28-14-1 — RI Code / Title 28 / Chapter 28-14 / Section 28-14-1
§ 28-14-1. Definitions.
Status: in_force

Whenever used in this chapter, except where the context clearly indicates otherwise:

(1) Construction industry means the business of constructing, reconstructing, altering, maintaining, moving, rehabilitating, repairing, renovating, or demolition of any building, structure, or improvement to the excavation of or other development or improvement to land, highways, or other real property.

(2) Department means the department of labor and training.

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

(4) Employee means any person suffered or permitted to work by an employer, except that independent contractors or subcontractors shall not be considered employees.

(5) Employer means any individual, firm, partnership, association, joint stock company, trust, corporation, receiver, or other like officer appointed by a court of this state, and any agent or officer of any of the previously mentioned classes, employing any person in this state.

(6) Wages 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.
R.I. Gen. Laws § 28-27-1.2 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-1.2
§ 28-27-1.2. General license criteria guide.
Status: in_force

The mechanical board shall assist the division of professional regulation of the department of labor and training to establish and from time to time update a preliminary criteria guide for the licensing of those persons regulated by this chapter. This guide shall include, but not be limited to, the categories or classes of occupation regulated and the requirements for licensing of each category. The guide and any revision shall be filed by the board with the office of the secretary of state.
R.I. Gen. Laws § 28-42-14 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-14
§ 28-42-14. Employees of governmental entities.
Status: in_force

For the purposes of §§ 28-42-13 and 28-42-13.1, employment does not include services performed in the employ of a governmental entity as defined in § 28-42-3(22) by an individual in the exercise of duties:

(1) As an elected official;

(2) As a member of a legislative body, or a member of the judiciary of a state or political subdivision;

(3) As a member of the national guard or air national guard;

(4) As an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency; or

(5) In a position which, under or pursuant to the laws of this state, is designated as a:

(i) Major non-tenure policymaking or advisory position; or

(ii) Policymaking or advisory position, the performance of the duties of which ordinarily does not require more than eight (8) hours per week.
R.I. Gen. Laws § 28-33-18.1 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-18.1
§ 28-33-18.1. Employees not entitled to compensation for total incapacity.
Status: in_force

(a) An employee shall not be entitled to be paid compensation for total incapacity under chapters 29  38 of this title for any period during which the employee was gainfully employed at an average weekly wage less than that which he or she was earning at the time of his or her injury notwithstanding an existing agreement or decree to the contrary. In that instance, an employee shall be entitled to benefits as provided in § 28-33-18.

(b) In the event that an employer or insurer has made payment of compensation benefits to an employee during any period during which the employee was not entitled to be paid in accordance with subsection (a) of this section, the employer shall be entitled to credit for any payment of compensation made during that period of employment against future compensation benefits payable directly to the employee.
R.I. Gen. Laws § 28-31-8 — RI Code / Title 28 / Chapter 28-31 / Section 28-31-8
§ 28-31-8. Insurance requirement inapplicable.
Status: in_force

The provisions of chapters 29  38 of this title requiring employers to insure against liability to pay compensation arising under the provisions of those chapters shall not apply to the state or any city or town in the state, and the state or any city or town may separately insure against or contract for the provision of any portion of its obligations or liabilities arising under chapters 29  38 of this title with parties licensed or qualified to do business in this state. Any party providing, underwriting, or administering the provision of any portion of the obligations or liabilities shall not thereby incur any liabilities or obligations under chapters 29  38 of this title beyond those specified by its contract with the state, city, or town, and the party shall not thereby become subject to the regulation and the generally applicable liabilities and obligations of workers compensation insurers. Notwithstanding the provisions of § 45-5-20.1 or any other general law, the state, the city of Providence, and any town, city, or regional school district that has accepted the provisions of chapters 29  38 of this title pursuant to § 28-31-1 shall be subject to the annual assessment payment to the workers compensation administrative fund established by § 28-37-1.
R.I. Gen. Laws § 28-43-7 — RI Code / Title 28 / Chapter 28-43 / Section 28-43-7
§ 28-43-7. Taxable wage base.
Status: in_force

(a) The taxable wage base under this chapter for the tax year beginning January 1, 1999, and ending with the tax year 2011 shall be:

(1) Twelve thousand dollars ($12,000) if the amount of the employment security fund, not including any federal disbursements made to the states pursuant to 42 U.S.C. § 1103, is more than two hundred twenty-five million dollars ($225,000,000);

(2) Fourteen thousand dollars ($14,000) if the amount of the employment security fund is more than one hundred seventy-five million dollars ($175,000,000) but less than or equal to two hundred twenty-five million dollars ($225,000,000);

(3) Sixteen thousand dollars ($16,000) if the amount of the employment security fund is more than one hundred twenty-five million dollars ($125,000,000) but less than or equal to one hundred seventy-five million dollars ($175,000,000);

(4) Eighteen thousand dollars ($18,000) if the amount of the employment security fund is less or equal to than one hundred twenty-five million dollars ($125,000,000) but more than seventy-five million dollars ($75,000,000); or

(5) Nineteen thousand dollars ($19,000) if the amount of the employment security is less than or equal to seventy-five million ($75,000,000).

(b) The taxable wage base under this chapter for the tax year beginning January 1, 2012, and all subsequent tax years, shall be equal to forty-six and one-half percent (46.5%) of the average annual wage in covered employment during the calendar year immediately preceding the computation date for the effective tax year; the computed figure shall be rounded upward to the next higher even multiple of two hundred dollars ($200). That taxable wage base shall be computed as follows: On September 30, 2011, and each September 30 thereafter, the total annual wages paid to individuals in covered employment for the preceding calendar year by all employers required to pay contributions under the provisions of chapters 42  44 of this title, shall be divided by the monthly average number of individuals in covered employment during the preceding calendar year, and the quotient shall be multiplied by four hundred sixty-five thousandths (.465). If the result thus obtained is not an even multiple of two hundred dollars ($200), it shall be rounded upward to the next higher even multiple of two hundred dollars ($200). That taxable wage base shall be effective for the tax year immediately following the computation date.

(c) Notwithstanding the above, the taxable wage base for employers with reserve account percentages of negative twenty-four (-24.00) or less for the tax years beginning January 1, 2012, and thereafter, shall be one thousand five hundred dollars ($1,500) above the taxable wage base computed for all other employers under subsection (b) of this section.
R.I. Gen. Laws § 28-33-32 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-32
§ 28-33-32. Manner of serving notice.
Status: in_force

Notice as required by § 28-33-30 shall be served upon the employer, or upon one employer, if there are more employers than one, or if the employer is a corporation, upon any officer or agent upon whom process may be served, by delivering it to the person on whom it is to be served, or by leaving it at his or her last known residence or place of business, or by sending it by registered or certified mail addressed to the person to be served, or, in the case of a corporation, to the corporation itself, at his or her or its last known residence or place of business. Mailing of the notice shall constitute completed service.
R.I. Gen. Laws § 28-33-11 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-11
§ 28-33-11. Notice of hearings  Time of decision.
Status: in_force

No hearing shall be held by the workers compensation court or any judge of that court under §§ 28-33-5  28-33-10 unless written notice of the hearing is sent to the employer and employee five (5) days before the time of the hearing. The decision shall be rendered within seventy-two (72) hours after the hearing, unless the parties agree otherwise.
R.I. Gen. Laws § 28-44-4 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-4
§ 28-44-4. Inclusion of unpaid wages.
Status: in_force

Wages earned by an employee for employment from employers that remain unpaid because the assets of the employer for whom that employment was rendered are in the custody or control of an assignee for the benefit of creditors, receiver, trustee, or any other fiduciary appointed by or under the control of a court of competent jurisdiction, shall, for all purposes of §§ 28-44-1, 28-44-3, 28-44-6, and 28-44-11, be deemed to be and shall be treated as though those wages had been paid to that employee during the calendar year within which those wages were earned.
R.I. Gen. Laws § 28-34-9 — RI Code / Title 28 / Chapter 28-34 / Section 28-34-9
§ 28-34-9. Notice to employer of claim.
Status: in_force

The employer to whom notice of death or disability is to be given, or against whom claim is to be made by the employee, shall be the employer who or that last employed the employee during the thirty-six (36) months in the employment to the nature of which the disease was due, and that notice and claim shall be deemed seasonable as against prior employers. The requirements as to notice as to occupational disease and death resulting from it and the requirements as to the bringing of proceedings for compensation for disability or death resulting from the occupational disease shall be the same as required in chapter 33 of this title, except that the notice shall be given to the employer within ninety (90) days after disablement.
R.I. Gen. Laws § 28-41-29 — RI Code / Title 28 / Chapter 28-41 / Section 28-41-29
§ 28-41-29. Questions reviewed by court  Additional evidence  Precedence  Appeal to supreme court.
Status: in_force

The jurisdiction of the reviewing court shall be confined to questions of law and, in the absence of fraud, the findings of fact by the board of review, if supported by substantial evidence regardless of statutory or common-law rules, shall be conclusive. Additional evidence required by the court shall be taken before the board, and the board, after hearing that additional evidence, shall file with the court any additional or modified findings of fact or conclusions that it may make, together with transcripts of the additional record. All proceedings under §§ 28-41-26  28-41-29 shall be summarily heard and given precedence over all other civil cases. Appeals involving benefit rights shall be given precedence over all other cases arising under chapters 39  41 of this title. An appeal may be taken from the decision of the superior court to the supreme court in the same manner as an appeal is taken under § 28-35-29, relating to appeals in cases under the workers compensation law.
R.I. Gen. Laws § 28-8-1 — RI Code / Title 28 / Chapter 28-8 / Section 28-8-1
§ 28-8-1. Capacity to sue on behalf of employees for contract violations.
Status: in_force

Suits or actions at law for the violation by an employer of contracts of employment between the employer and his or her employees who are represented by a labor union as their legally constituted bargaining agent, and whose rights and duties as employees are set forth in a collective bargaining agreement between the employer and labor union, as the legal representative of the employees, may be brought in the name of the union for the benefit of the employees. This section applies to any previous violation or violation which may be made in the future by the employer; provided, that any action at law brought by the labor union for the benefit of the employees shall be subject to the provisions of §§ 9-1-15  9-1-24.
R.I. Gen. Laws § 28-3-9.1 — RI Code / Title 28 / Chapter 28-3 / Section 28-3-9.1
§ 28-3-9.1. Employment of minors as adult entertainment performers prohibited.
Status: in_force

No person under the age of eighteen (18) may work in a commercial adult entertainment establishment.
R.I. Gen. Laws § 28-43-24 — RI Code / Title 28 / Chapter 28-43 / Section 28-43-24
§ 28-43-24. Contributions payable by governmental entities.
Status: in_force

(a) In lieu of contributions required by employers under chapters 42  44 of this title, a governmental entity as defined in § 28-42-3 may elect to pay to the director for the employment security fund an amount equal to the amount of regular benefits and of one-half (Â½) of the extended benefits paid that are attributable to service in the employ of the governmental entity for weeks of unemployment that begin during the effective period of that election in accordance with the provisions of § 28-43-29; provided, that for weeks of unemployment beginning on or after January 1, 1979, governmental entities that have elected reimbursement shall be responsible for reimbursing the fund for the full amount of extended benefits that are attributable to service in the employ of that governmental entity.

(b) If a governmental entity elects to reimburse the fund, reimbursement payments shall be made in accordance with the provisions of § 28-43-30 and the allocation of benefit costs shall be made in accordance with provisions of § 28-43-31.

(c) If a governmental entity does not elect to reimburse the fund, it shall be required to pay contributions as provided in chapters 42  44 of this title.
R.I. Gen. Laws § 28-40-5 — RI Code / Title 28 / Chapter 28-40 / Section 28-40-5
§ 28-40-5. Adjustment of erroneous deductions or payments.
Status: in_force

If more or less than the correct amount of contributions imposed under §§ 28-40-1  28-40-4 is paid with respect to any wage payments, then, under prescribed regulations, proper adjustments with respect to the contributions shall be made, without interest, in computing contributions next due and payable after the discovery of the error with respect to the next subsequent wage payment by the same employer. If more or less than the correct amount of contributions imposed under §§ 28-40-1  28-40-4 is paid with respect to any wage payment, then, under prescribed regulations, proper adjustments with respect to both the contributions and the amount to be deducted shall be made, without interest, in connection with the next wage payment to the same employee by the same employer.
R.I. Gen. Laws § 28-34-7 — RI Code / Title 28 / Chapter 28-34 / Section 28-34-7
§ 28-34-7. Concealment of previous disease  Occupational disease as partial cause.
Status: in_force

No compensation shall be payable for an occupational disease if the employee, at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, or thereafter, willfully and falsely represents in writing that he or she has not previously had the disease that is the cause of the disability or death. Where an occupational disease is aggravated by any other disease or infirmity, not itself compensable, or where disability or death from any other cause, not itself compensable, is aggravated, prolonged, accelerated, or in any way contributed to by an occupational disease, the compensation payable shall be the proportion only of the compensation that would be payable if the occupational disease were the sole cause of the disability or death as that occupational disease, as a causative factor, bears to all the causes of that disability or death, the reduction in compensation to be effected by reducing the number of weekly payments or the amounts of the payments, as under the circumstances of the particular case may be for the best interests of the claimant or claimants.
R.I. Gen. Laws § 28-2-9 — RI Code / Title 28 / Chapter 28-2 / Section 28-2-9
§ 28-2-9. Employment of personnel  Assistance by other agencies.
Status: in_force

The director of labor and training is authorized to appoint or employ any employees that may be necessary, and to use any agencies that may be available and appropriate, to aid him or her in carrying out the provisions of this chapter, and the director may delegate any and all of his or her powers and duties prescribed by the provisions of this chapter to the workforce development services division.
R.I. Gen. Laws § 28-33-41 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-41
§ 28-33-41. Rehabilitation of injured persons.
Status: in_force

(a)(1) The department and the workers compensation court shall expedite the rehabilitation of and the return to remunerative employment of all employees who are disabled and injured and who are subject to chapters 29  38 of this title.

(2) Rehabilitation means the prompt provision of appropriate services necessary to restore an employee who is occupationally injured or diseased to his or her optimum physical, mental, vocational, and economic usefulness. This may require medical, vocational, and/or reemployment services to restore an employee who is occupationally disabled as nearly as possible to his or her pre-injury status. As a procedure, rehabilitation may include three (3) overlapping and interrelated components:

(i)(A) Medical restorative services. Medical treatment and related services needed to restore the employee who is occupationally disabled to a state of health as near as possible to that which existed prior to the occupational injury or disease. These services may include, but are not limited to, the following: medical, surgical, hospital, nursing services, attendant care, chiropractic care, physical therapy, occupational therapy, medicines, prostheses, orthoses, other physical rehabilitation services, including psychosocial services, and reasonable travel expenses incurred in procuring the services.

(B)(I) Treatment by spiritual means. Nothing in this chapter shall be construed to require an employee who, in good faith relies on or is treated by prayer or spiritual means by a duly accredited practitioner of a well-recognized church, to undergo any medical or surgical treatment, and weekly compensation benefits may not be suspended or terminated on the grounds that the employee refuses to accept recommended medical or surgical benefits. The employee shall submit to all physical examinations as required by chapters 29  38 of this title.

(II) However, a private employer, insurer, self-insurer, or group self-insurer may pay or reimburse an employee for any costs associated with treatment by prayer or spiritual means.

(ii) Vocational restorative services. Vocational services needed to return the employee with a disability to his or her pre-injury employment or, if that is not possible, to a state of employability in suitable alternative employment. These services may include, but are not limited to, the following: psychological and vocational evaluations, counseling, and training.

(iii) Reemployment services. Services used to return the employee who is occupationally disabled to suitable, remunerative employment as adjudged by his or her functional and vocational ability at that time.

(b)(1) Any employer or any injured employee with total disability or permanent partial disability to whom the insurance carrier or certificated employer has paid compensation for a period of three (3) months or more, and to whom compensation is still being paid, or his or her employer or insurer may file a petition with the workers compensation court requesting approval of a rehabilitation program or may mutually agree to a rehabilitation program. Determinations shall be rendered by the workers compensation court in accordance with this section and as provided in chapters 29  38 of this title and the rules of practice of the Rhode Island workers compensation court.

(2) Action shall be taken as in the judgment of the workers compensation court shall seem practicable and likely to speed the recovery and rehabilitation of injured workers. However, rehabilitative services shall be appropriate to the needs and capabilities of injured workers.

(c) Compensation payments shall not be diminished or terminated while the employee is participating in a rehabilitation program approved by the workers compensation court or agreed to by the parties. Provided, that compensation payments shall be suspended while an injured employee willfully refuses to participate in a rehabilitation program approved by the workers compensation court or agreed to by the parties. When the employee has completed an approved rehabilitation program, the rehabilitation provider shall recommend, in the instance of vocational rehabilitation, an earnings capacity, or in the instance of physical rehabilitation provided or prescribed by a physician, a degree of functional impairment, and the employee shall be referred to the court for an earnings capacity adjustment to benefits, unless the employee has returned to gainful employment.

(d) The employer shall bear the expense of rehabilitative services agreed to or ordered pursuant to this section. If those rehabilitative services require residence at or near or travel to a rehabilitative facility, the employer shall pay the employees reasonable expense for board, lodging, and/or travel. The reasonable cost of transportation on or after July 1, 2016, is the rate equal to the per-mile rate allowed by the Internal Revenue Service for use of a privately owned automobile for business miles driven, as from time to time amended, for a private motor vehicle or the reasonable cost incurred for transportation, from the employees point of departure, whether from the employees home or place of employment, and return.

(e) Except for the provisions of this section, the provisions of §28-33-8 shall remain in full force and effect.

(f) For the purposes of this section, the director shall promulgate rules and regulations pursuant to chapter 35 of title 42 for certifying rehabilitation providers, evaluators, and counselors, and the director shall maintain a registry of those persons so certified. No plan of rehabilitation requiring the services of a rehabilitation counselor shall be approved by the workers compensation court or agreed to by the parties unless the counselor is certified by the director. Any requests for approval of a rehabilitation plan pending before the director prior to September 1, 2000, will remain at the department for determination. All requests after this date will be heard by the workers compensation court.
R.I. Gen. Laws § 28-42-81 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-81
§ 28-42-81. Tuition costs.
Status: in_force

(a) Any individual who receives any sums as benefits pursuant to chapters 42  44 of this title whose household income is less than three (3) times the federal poverty level as established by the United States Department of Health and Human Services and who may not be claimed as a dependent for federal income tax purposes, shall be eligible to enroll in any course, for credit, in any college or university operated by the state, without the payment of any tuition or registration fees; provided, that any person eligible for financial aid, as determined by the institution of higher education, shall apply for financial aid. Any financial aid award received by the applicant shall be applied toward the full amount of tuition that would otherwise have been charged by the college or university. This section shall not be applicable in any course without a vacancy, nor shall the registration of any such individual(s) be considered in determining the minimum number of students necessary for a given course to be offered. The enrollment shall not deem the individual to be ineligible for any benefits for which he or she would have otherwise been eligible. Any individual who enrolls in any course pursuant to this section shall still be required to comply with § 28-44-12.

(b) Any individual who has exhausted benefits within a sixty-day (60) period before the start of a class for which that individual has registered in a state college or university shall be eligible for benefits pursuant to this section.

(c) Any individual whose tuition benefits have become exhausted after he or she has started a class in a state college or university, shall be eligible for continuation of tuition benefits pursuant to this section until the completion of the class.
R.I. Gen. Laws § 28-12-23 — RI Code / Title 28 / Chapter 28-12 / Section 28-12-23
§ 28-12-23. Annual appropriation.
Status: in_force

The general assembly shall annually appropriate any sum that it deems necessary to provide for an appropriate staff for office and other necessary expenses for the administration and enforcement of this chapter; and the state controller is authorized and directed to draw his or her orders on the general treasurer for the payment of that sum, or so much of it as may from time to time be required, upon receipt by him or her of proper vouchers, approved by the chief of the division of labor standards and the director of labor and training.
R.I. Gen. Laws § 28-42-76 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-76
§ 28-42-76. Disbursements from interest fund  Unexpended balance.
Status: in_force

(a) The moneys in the interest fund shall be used solely for the following purposes:

(1) To make refunds of interest erroneously collected and deposited in the fund;

(2) To make payments of interest due on federal advances received from the federal unemployment account under 42 U.S.C. § 1321 et seq., in accordance with federal law and regulations then in effect; and

(3) To maintain essential department programs.

(b) The general treasurer shall pay all vouchers duly drawn by the director upon the interest fund, in any amounts and in any manner that the director may prescribe. Vouchers so drawn upon the interest fund shall be referred to the controller within the department of administration. Upon receipt of those vouchers, the controller shall immediately record and sign them and shall promptly transfer those vouchers so signed to the general treasurer; provided, that those expenditures shall be used solely for the purposes specified in this section and its balances shall not lapse at any time.
R.I. Gen. Laws § 28-20-4.1 — RI Code / Title 28 / Chapter 28-20 / Section 28-20-4.1
§ 28-20-4.1. Adoption of regulations pertaining to HIV and hepatitis.
Status: in_force

The division of occupational safety of the department of labor and training shall adopt the latest regulations of the federal Occupational Safety and Health Administration (OSHA) as they pertain to the human immunodeficiency virus (HIV) and hepatitis and shall, in consultation with the department of health, provide for the enforcement of the regulations for appropriate public sector employees.
R.I. Gen. Laws § 28-39-11 — RI Code / Title 28 / Chapter 28-39 / Section 28-39-11
§ 28-39-11. Recommendations to protect fund  Emergency modification of rules.
Status: in_force

(a) Whenever the director believes that a change in contribution and/or benefit rates shall become necessary to protect the solvency of the fund, he or she shall at once inform the governor and the general assembly of this and make recommendations accordingly.

(b) In that case the governor may declare an emergency and authorize the director to announce a modified scale of benefits, an increased waiting period, or other changes in rules and regulations regarding eligibility for payment of benefits that the director may deem necessary to assure the solvency of the fund. The modified regulation shall be in effect until the governor declares the emergency at an end, or until further action is taken by the general assembly.
R.I. Gen. Laws § 28-39-40 — RI Code / Title 28 / Chapter 28-39 / Section 28-39-40
§ 28-39-40. Severability.
Status: in_force

If any provision of chapters 39  41 of this title, or its application to any person or circumstances, is held invalid, the remainder of the chapters and the application of that provision to other persons or circumstances shall not be affected by that invalidity.
R.I. Gen. Laws § 28-36-15 — RI Code / Title 28 / Chapter 28-36 / Section 28-36-15
§ 28-36-15. Penalty for failure to secure compensation  Personal liability of corporate officers.
Status: in_force

(a) Any employer required to secure the payment of compensation under chapters 29  38 of this title who or that knowingly fails to secure that compensation shall be guilty of a felony and shall be subject to imprisonment for up to two (2) years. In addition to the foregoing, the employer shall be subject to a civil penalty punished by a fine not to exceed one thousand dollars ($1,000) for each day of noncompliance with the requirements of this title. The director shall institute any and all reasonable measures to comprehensively monitor, investigate, and otherwise discover all employer noncompliance with this section and shall establish rules and regulations governing these measures. Each day shall constitute a separate and distinct offense for calculation of the penalty. Where that employer is a corporation, the president, vice president, secretary, treasurer, and other officers of the corporation shall be severally liable for the fine, penalty, or imprisonment as provided in this section for the failure of that corporation to secure the payment of compensation. The president, vice president, secretary, treasurer, and other officers of the corporation shall also be severally personally liable, jointly with the corporation, for any compensation or other benefit that may accrue under those chapters in respect to any injury that may occur to any employee of that corporation while it fails to secure the payment of compensation as required by those chapters.

(b) Where the employer is a limited-liability company, the managers and managing members who knowingly fail to secure the payment of compensation under chapters 29  38 of this title shall be guilty of a felony and shall be subject to imprisonment for up to two (2) years. The managers and managing members shall also be severally liable for the fine, penalty, or imprisonment as provided in this section for the failure of that company to secure the payment of compensation. The managers and managing members shall be severally personally liable, jointly with the company, for any compensation or other benefit that may accrue under those chapters in respect to any injury that may occur to any employee of that company while it fails to secure the payment of compensation as required by those chapters.

(c) Where the employer is a partnership or a registered limited-liability partnership, the partners who knowingly fail to secure the payment of compensation under chapters 29  38 of this title shall be guilty of a felony and shall be subject to imprisonment for up to two (2) years. The partners shall also be severally liable for the fine, penalty, or imprisonment as provided in this section for the failure of that partnership to secure the payment of compensation. The partners shall be severally personally liable, jointly with the partnership, for any compensation or other benefit that may accrue under those chapters in respect to any injury that may occur to any employee of that partnership while it fails to secure the payment as required by those chapters.

(d) Where the employer is a limited partnership or a registered limited-liability limited partnership, the general partners who knowingly fail to secure the payment of compensation under chapters 29  38 of this title shall be guilty of a felony and shall be subject to imprisonment for up to two (2) years. The general partners shall also be severally liable for the fine, penalty, or imprisonment as provided in this section for the failure of that limited partnership to secure the payment of compensation. The general partners shall be severally personally liable, jointly with the limited partnership, for any compensation or other benefit that may accrue under those chapters in respect to any injury that may occur to any employee of that partnership while it fails to secure the payment of compensation as required by those chapters.

(e) All criminal actions for any violation of this section shall be prosecuted by the attorney general. The attorney general shall prosecute actions to enforce the payment of penalties and fines at the request of the director. The workers compensation court shall have jurisdiction over all civil actions filed pursuant to this section.

The court shall consider the following factors in assessing a civil penalty: gravity of offense; resources of the employer; effect of the penalty on employees of the company; the reason for the lapse in coverage; and the recommendation of the director. Following a review of the factors set forth above, the court may suspend all or a part of a civil penalty or shall establish a timetable for compliance with any court order.

(f)(1) As soon as practicable after the director receives notice of noncompliance under this section, the director shall determine whether cause exists for the imposition of a civil penalty. Unless the director determines that the noncompliance was unintentional or the result of a clerical error and subject to the administrative proceedings under subsection (g) of this section, the director shall commence an action in the workers compensation court to assess a civil penalty against the employer as set forth in subsection (a) of this section and shall refer the matter to the attorney general for prosecution of criminal charges.

(2) The director shall bring a civil action in the workers compensation court to collect all payments and penalties ordered and not paid. All civil actions for any violations of this chapter or of any of the rules or regulations promulgated by the director, or for the collection of payments in accordance with §28-37-13, § 28-33-17.3(a)(2), or § 28-33-17.3(a)(3), or civil penalties under this chapter, shall be prosecuted by any qualified member of the Rhode Island bar whom the director may designate, in the name of the director, and the director is exempt from giving surety for costs in any proceedings.

(g) In the case of unintentional noncompliance or noncompliance resulting from clerical error where the uninsured period is less than one year from the date of discovery and there were no employees injured during the uninsured period and the employer has not been subject to any other findings of noncompliance with these chapters, the director shall assess an administrative penalty of not less than the estimated annual workers compensation insurance premium for that employer and not more than triple that amount. Any party has the right to appeal the orders of the director. The appeal shall be to the workers compensation court in the first instance and thereafter from the workers compensation court to the Rhode Island supreme court in accordance with §28-35-30.

(h) The director shall collect all payments under this chapter under the rules and regulations that may be set forth by the director. All fines collected pursuant to this section shall be deposited to a restricted-receipt account to be administered by the director of the department of labor and training in his or her sole discretion to carry out chapters 29  38 of this title.

(i)(1) In that the operation of a commercial enterprise without the required workers compensation insurance is a crime and creates a clear and present danger of irreparable harm to employees who are injured while the employer is uninsured, the director shall suspend the operation of the business immediately and until workers compensation and employers liability insurance is secured consistent with these chapters. The director shall lift the suspension upon receipt of satisfactory proof of insurance and evidence sufficient to satisfy the director that the employer is in full compliance with these chapters. Any party has the right to appeal the suspension to the workers compensation court where the matter shall proceed pursuant to the workers compensation court rules of procedure.

(2) In the event that the employer shall fail to comply with the directors order of suspension, the director may apply immediately to the workers compensation court for an order directing the employer to comply with the directors prior orders.

(3) Actions filed with the workers compensation court pursuant to this section shall be subject to a pretrial conference in accordance with §28-35-20 and shall be assigned consistent with the workers compensation court rules of practice.

(4) Interest shall accrue on unpaid penalties during the pendency of any appeal at the rate per annum provided in §9-21-10.

(j) These provisions shall take effect upon passage except §28-29-2(6)(iv) which shall take effect on January 1, 2006.
R.I. Gen. Laws § 28-14-2.1 — RI Code / Title 28 / Chapter 28-14 / Section 28-14-2.1
§ 28-14-2.1. Statement of earnings.
Status: in_force

(a) On every regular payday, every employer shall furnish to any employee the following:

(1) A statement of the hours worked by that employee during the applicable pay period; provided, that the statement need not be furnished to an employee described in § 28-12-4.3;

(2) A record of all deductions made from that employees gross earnings during the pay period together with an explanation of the basis or reason for the deductions; and

(3) For employers engaged only in the commercial construction industry, a record of the employees hourly regular rate of pay. As used in this subsection, commercial construction industry includes a business that engages in the doing of work or the furnishing of materials, or both, in the building, erection, alteration, or preparation of an improvement on commercial real property.

(b) All statements and records required to be furnished to an employee by this section may be furnished as an electronic record. The employer shall furnish to an employee a printed or handwritten record, in lieu of an electronic record, at no cost to the employee, when a written authorization from such employee is provided to the employer.
R.I. Gen. Laws § 28-18-17 — RI Code / Title 28 / Chapter 28-18 / Section 28-18-17
§ 28-18-17. Nonprofit and charitable organizations exempt.
Status: in_force

This chapter does not apply to any corporation organized for a purpose authorized by § 7-6-4 or to any individual or organization engaged in providing work of a philanthropic, educational, or therapeutic nature.
R.I. Gen. Laws § 28-7-21 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-21
§ 28-7-21. Complaints of unfair practices  Parties to proceedings  Rules of evidence.
Status: in_force

(a) Whenever a charge has been made that any employer or public sector employee organization, as provided in § 28-7-13.1, has engaged in or is engaging in any unfair labor practice, the board shall have the power to issue and cause to be served upon the party a complaint stating those charges in that respect and containing a notice of a hearing before the board at a place fixed in the complaint, to be held not less than seven (7) days after the serving of the complaint. Any complaint may be amended by the board or its agent conducting the hearing at any time prior to the issuance of an order based on the complaint. The person complained of shall have the right to file an answer to the original or amended complaint within five (5) days after the service of the original or amended complaint and to appear in person or otherwise to give testimony at the place and time set in the complaint. In the discretion of a member or agent conducting the hearing, or of the board, any other person may be allowed to intervene in the proceedings and to present testimony. In any proceeding the board or its agent is not bound by technical rules of evidence prevailing in the courts.

(b) The board shall have jurisdiction to issue a complaint and make a ruling on any unfair labor practice charge, notwithstanding a pending grievance on the same or similar issue.
R.I. Gen. Laws § 28-29-1.2 — RI Code / Title 28 / Chapter 28-29 / Section 28-29-1.2
§ 28-29-1.2. Legislative findings and implementation of reforms.
Status: in_force

(a)(1) WHEREAS, the system of workers compensation in the state of Rhode Island is presently in a state of crisis; and

(2) WHEREAS, the stability and fiscal health of the overall workers compensation system is essential to the delivery of appropriate compensation and health care to the injured worker; and

(3) WHEREAS, all professionals providing services covered under the provisions of this title must take into account, in the performance of their service, the important public policy in favor of a sound and properly functioning workers compensation system in this state, and have the duty to protect and maintain the integrity of this system; and

(4) WHEREAS, abuse and misuse of the workers compensation system has brought discredit on the system and its participants, including the legitimately injured worker, and has endangered the stability and fiscal health of the system; and

(5) WHEREAS, significant improvement has already been initiated by the general assemblys 1990 reforms and by the administration of the workers compensation court; and

(6) WHEREAS, sweeping additional reform is required to bring the system into balance and eliminate waste and unnecessary costs; and

(7) WHEREAS, additional incentives are necessary to induce insurers adequately and vigorously to manage their cases; to swiftly and fairly identify and remove from the workers compensation system employees who are no longer disabled; to swiftly and fairly make appropriate adjustments for employees who are capable of employment; to motivate return to gainful employment in the work force; to improve the safety of the workplace and the rehabilitation to gainful employment in the work force; to improve the safety of the workplace and the rehabilitation to gainful employment of the injured worker; and to ensure that all participants in the system recognize their obligation to conduct themselves in a manner consistent with the overall integrity and welfare of the compensation system, and that deviation from that conduct is at their peril.

(b) Any amendment to chapters 29  38 of this title that may affect the cost of workers compensation to the state of Rhode Island shall have a fiscal note attached.
R.I. Gen. Laws § 28-42-8 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-8
§ 28-42-8. Exemptions from employment.
Status: in_force

Employment does not include:

(1) Domestic service in a private home performed for a person who did not pay cash remuneration of one thousand dollars ($1,000) or more in any calendar quarter after December 31, 1977, in the current calendar year, or the preceding calendar year to individuals employed in that domestic service in a private home;

(2) Service performed by an individual in the employ of a sole proprietorship or limited-liability company single member filing as a sole proprietorship with the Internal Revenue Service for his or her son, daughter, or spouse, and service performed by a child under the age of eighteen (18) in the employ of his or her father or mother who is designated as a sole proprietorship or limited-liability company single-member filing as a sole proprietorship with the Internal Revenue Service, and service is performed by an individual under the age of eighteen (18) in the employ of a partnership or limited-liability company partnership consisting only of his or her parents or domestic partners;

(3) Service performed in the employ of any other state, or any of its political subdivisions, the United States government, an instrumentality of any other state or states or their political subdivisions, or of an instrumentality of the United States, except, that if the Congress of the United States permits states to require any instrumentalities of the United States to make payments into an unemployment fund under a state unemployment compensation act, then, to the extent permitted by Congress, and from and after the date as of which permission becomes effective, all of the provisions of chapters 42  44 of this title shall be applicable to those instrumentalities and to services performed for those instrumentalities, in the same manner, to the same extent, and on the same terms, as to all other employers, employing units, individuals, and services. If this state is not certified by the Secretary of Labor under 26 U.S.C. § 3304 for any year, then the payments required of those instrumentalities with respect to that year shall be deemed to have been erroneously collected within the meaning of § 28-43-12 and shall be refunded by the director from the fund in accordance with § 28-43-12;

(4) Service performed:

(i) In the employ of:

(A) A church or convention or association of churches; or

(B) An organization that is operated primarily for religious purposes and that is operated, supervised, controlled, or principally supported by a church, or convention or association of churches;

(ii) By a duly ordained, commissioned, or licensed minister of a church in the exercise of his or her ministry or by a member of a religious order in the exercise of duties required by that order;

(iii) In a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age, physical or mental deficiency, or injury or providing remunerative work for individuals who, because of their impaired physical or mental capacity, cannot be readily absorbed in the competitive labor market, by an individual receiving that rehabilitation or remunerative work;

(iv) As part of an unemployment work relief or work-training program assisted or financed in whole, or in part, by any federal agency or an agency of a state or one of its political subdivisions, by an individual receiving that work relief or work training;

(v) In the employ of a hospital by a patient of the hospital; or

(vi) By an inmate of a custodial or penal institution;

(5) Service with respect to which unemployment compensation is payable under an unemployment compensation system established by an act of Congress. The director is authorized and directed to enter into agreements with the proper agencies under that act of Congress, which agreements shall become effective ten (10) days after their publication as in the manner provided in § 28-42-34, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under chapters 42  44 of this title, acquired rights to unemployment compensation under that act of Congress, or who have, after acquiring potential rights to unemployment compensation under that act of Congress, acquired rights to benefits under those chapters;

(6) Service covered by an election duly approved by the agency charged with the administration of any other state or federal employment security law in accordance with an arrangement pursuant to § 28-42-58 during the effective period of that election, except as provided in § 28-42-3(16)(i);

(7) Services performed by an individual, in any calendar quarter on or after January 1, 1972, in the employ of any organization exempt from income tax under 26 U.S.C. § 501(a) (other than services performed for an organization defined in § 28-42-3(25) or for any organization described in 26 U.S.C. § 401(a) or under 26 U.S.C. § 521) if the remuneration for that service is less than fifty dollars ($50.00);

(8) Service that is occasional, incidental, and occurs irregularly, and is not in the course of the employing units trade or business. Service for a corporation shall not be excluded;

(9) Service as a golf caddy, except as to service performed solely for a club with respect to which the club alone bears the expense. A golf caddy, except as in this specifically provided subdivision, shall not be construed to be an employee as defined in § 28-42-3(15);

(10) Notwithstanding any provisions of titles 5 and 27, service performed by an individual as a real estate salesperson if all the service performed by that individual is performed for remuneration solely by way of commission;

(11) Notwithstanding any provisions of titles 5 and 27, service performed by an individual as an insurance broker, agent, or subagent if all the service performed by that individual is performed for remuneration solely by way of commission. This exemption shall not apply to service performed as industrial and debit insurance agents;

(12) Service performed by an individual who is enrolled at a nonprofit or public educational institution that normally maintains a regular faculty and curriculum and normally has a regular organized body of students in attendance at the place where its educational activities are carried on, as a student in a full-time program, taken for credit at that institution that combines academic instruction with work experience, if that service is an integral part of that program, and that institution has so certified to the employer, except that this subdivision shall not apply to service performed in a program established for, or on behalf of, an employer or group of employers;

(13) Service performed by an individual on a boat engaged in catching fish or other forms of aquatic animal life under an arrangement with the owner or operator of that boat pursuant to which:

(i) That individual does not receive any cash remuneration other than a share of the boats catch of fish or other forms of aquatic animal life or a share of the proceeds from the sale of that catch; and

(ii) The operating crew of that boat is normally made up of fewer than ten (10) individuals;

(14) Services performed by a member of an Americorps program; and

(15) Services performed by a self-employed individual.
R.I. Gen. Laws § 28-1-4 — RI Code / Title 28 / Chapter 28-1 / Section 28-1-4
§ 28-1-4. Employment of personnel  Expenses.
Status: in_force

The director of labor and training may employ assistants and incur expenses incident to the proper discharge of the duties of his or her office, and the general assembly shall annually appropriate an amount that it deems necessary for the purpose of paying those salaries and expenses.
R.I. Gen. Laws § 28-39-14 — RI Code / Title 28 / Chapter 28-39 / Section 28-39-14
§ 28-39-14. Employers records and reports.
Status: in_force

Every employer and every employing unit employing any person in employment in this state shall keep true and accurate employment records of all persons employed by the employer and employing unit, and of the weekly hours worked for the employer and employing unit by each, and of the weekly wages paid by the employer and employing unit to each person. Every employer and employing unit shall keep records containing any other information that may be prescribed. Those records shall at all times be available within this state and shall be open to inspection by the director or his or her authorized representatives, at any reasonable time and as often as the director deems necessary. The director may require from any employer, or employing unit, employing any person in this state, any reports covering persons employed by the employer and employing unit, on employment, wages, hours, unemployment, and related matters that the director deems necessary to the effective administration of chapters 39  41 of this title.
R.I. Gen. Laws § 28-20-17 — RI Code / Title 28 / Chapter 28-20 / Section 28-20-17
§ 28-20-17. Enforcement procedure.
Status: in_force

(a) After the issuance of a compliance order pursuant to § 28-20-16(a), the director shall, within a reasonable time after the termination of the inspection or investigation, notify the employer by certified mail of the penalty, if any, proposed to be assessed under § 28-20-18 and that the employer has fifteen (15) working days within which to notify the director that the employer wishes to contest the compliance order or proposed assessment of penalty. If, within fifteen (15) working days from the receipt of the notice issued by the director the employer fails to notify the director that the employer intends to contest the compliance order or proposed assessment of penalty, and no notice is filed within that time by any employee or representative of employees under subsection (c) of this section, the compliance order and the assessment, as proposed, shall be deemed a final order of the review board and not subject to review as to any question of fact by any court or agency.

(b) If the director has reason to believe that an employer has failed to correct a violation for which a compliance order has been issued within the period permitted for its correction, which period shall not begin to run until the entry of a final order by the review board in the case of any review proceedings under this section initiated by the employer in good faith and not solely for delay or avoidance of penalties, the director shall notify the employer by certified mail of the failure and of the penalty proposed to be assessed under § 28-20-18 by reason of the failure, and that the employer has fifteen (15) working days within which to notify the director that the employer intends to contest the notification or proposed assessment of penalty. If, within fifteen (15) working days from the receipt of notification issued by the director, the employer fails to notify the director that the employer intends to contest the notification or proposed assessment of penalty, the notification and assessment, as proposed, shall be deemed a final order of the review board and not subject to any review as to any question of fact by any court or agency.

(c) If an employer notifies the director that the employer intends to contest a compliance order issued under § 28-20-16 or notification issued under subsection (a) or (b) of this section, or if within fifteen (15) working days of the issuance of a compliance order under § 28-20-16 any employee or representative of employees files a notice with the director alleging that the period of time fixed in the compliance order for the abatement of the violation is unreasonable, the director shall immediately notify in writing the chairperson of the review board of the notification, and the review board shall afford an opportunity for a hearing. The review board shall subsequently issue an order based on findings of fact affirming, modifying, or vacating the directors compliance order or proposed penalty, or directing other appropriate relief, and the order shall become final thirty (30) days after its issuance. Upon a showing by an employer of a good faith effort to comply with the abatement requirements of a compliance order, and that abatement has not been completed because of factors beyond the employers reasonable control, the review board, after an opportunity for a hearing, shall issue an order affirming or modifying the abatement requirements in the compliance order. The rules of procedure prescribed by the review board shall provide the affected employee or representatives of affected employees an opportunity to participate as parties to hearings under this subsection.
R.I. Gen. Laws § 28-39-39 — RI Code / Title 28 / Chapter 28-39 / Section 28-39-39
§ 28-39-39. Reservation of legislative control.
Status: in_force

All the rights, privileges, or immunities conferred by chapters 39  41 of this title, or by acts done pursuant to these chapters, shall exist subject to the power of the general assembly to amend or repeal these chapters at any time.
R.I. Gen. Laws § 28-7-39 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-39
§ 28-7-39. Furnishing of public records.
Status: in_force

The several departments, commissions, divisions, authorities, boards, bureaus, agencies, and officers of the state or any political subdivision or agency of the state shall furnish the board, upon its request, all records, papers, and information in their possession relating to any matter before the board.
R.I. Gen. Laws § 28-37-11 — RI Code / Title 28 / Chapter 28-37 / Section 28-37-11
§ 28-37-11. Parties to appeals involving fund.
Status: in_force

(a) In any appeal taken under chapters 29  38 of this title that involves the workers compensation administrative fund, the director shall be a necessary party.

(b) In every case where payments are ordered made from the workers compensation administrative fund, the director shall receive a notice and he or she shall have the right to claim an appeal from the order if, in his or her opinion, the director believes that the decision is not proper or that the fund is in danger of unwarranted depletion.

(c) In every case, where reimbursement from the workers compensation administrative fund is ordered pursuant to § 28-35-20(f), in which the employees incapacity has been determined to have been misrepresented pursuant to the provisions of §§ 28-33-17.1  28-33-17.3 or 28-33-18.1, the director may, in his or her discretion, bring suit or charges against the appropriate party in any court having jurisdiction over the matter.
R.I. Gen. Laws § 28-20-32 — RI Code / Title 28 / Chapter 28-20 / Section 28-20-32
§ 28-20-32. Confidentiality of trade secrets.
Status: in_force

All information reported to or otherwise obtained by the director in connection with any inspection or proceeding under this chapter that contains or that might reveal a trade secret referred to in 18 U.S.C. § 1905 shall be considered confidential for the purpose of that section, except that the information may be disclosed to other officers or employees concerned with carrying out the provisions of this chapter, or when relevant in any proceeding under this chapter. In any proceeding the director, the review board, or the court shall issue orders as may be appropriate to protect the confidentiality of trade secrets.
R.I. Gen. Laws § 28-27-18.2 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-18.2
§ 28-27-18.2. Credit for mechanical license exams.
Status: in_force

(a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior learning or experience pursuant to § 28-45-9(2)(xii) or § 28-45-9.2 shall also require the written approval of the state mechanical board of the Rhode Island department of labor and training. Registered apprentices may receive credit for one hundred forty-four (144) hours of classroom training gained in a career and technical education program authorized by the board of education, or a maximum of two hundred eighty-eight (288) hours of classroom training gained over two (2) academic years (one hundred forty-four (144) hours per academic year), upon the successful completion of a course of study in a fully accredited trade school that has been approved by the Rhode Island office of postsecondary commissioner and by the Rhode Island department of labor and training apprenticeship council.

(b) For licensing purposes, on-the-job learning hours required as part of a registered apprenticeship program by license type are as follows:

(1) At minimum, a pipefitter I apprenticeship program shall include ten thousand (10,000) hours of on-the-job learning.

(2) At minimum, a pipefitter II apprenticeship program shall include four thousand (4,000) hours of on-the-job learning.

(3) At minimum, a refrigeration I apprenticeship program shall include ten thousand (10,000) hours of on-the-job learning.

(4) At minimum, a refrigeration II apprenticeship program shall include four thousand (4,000) hours of on-the-job learning.

(5) At minimum, a sprinkler fitter/fire protection apprenticeship program shall include ten thousand (10,000) hours of on-the-job learning.

(6) At minimum, a sheet metal worker I apprenticeship program shall include eight thousand (8,000) hours of on-the-job learning.

(7) At minimum, a sheet metal worker II apprenticeship program shall include four thousand (4,000) hours of on-the-job learning.

(8) All registered apprenticeship programs shall include one hundred forty-four (144) hours of related instruction, including, but not limited to, classroom training, provided concurrently with each two thousand (2,000) hours period of on-the-job learning.
R.I. Gen. Laws § 28-55-3 — RI Code / Title 28 / Chapter 28-55 / Section 28-55-3
§ 28-55-3. Rhode Island enhanced job match system.
Status: in_force

On or before July 2, 2014, the department of labor and training shall implement the jobs match enhancement program using the current department of labor and training web-based workforce and job system as a basis, with significant enhancements, as follows:

(1) It shall be easy for employers to participate in, update, and receive responses from job seekers, addressing potential barriers to participation;

(2) It shall be understandable, accessible, and productive for job seekers, including measures to ensure literacy-based accessibility;

(3) It shall allow for the prompt identification of workers who are partially, but not fully, matched for job openings, resulting in timely skill gap remediation plans;

(4) It shall have the ability to address identified skill gaps through the provision of training and/or education;

(5) It shall notify the department of labor and training of the nature of the skill gaps that exist between job openings and job seekers, and shall have the ability to aggregate skill gap reports for the department;

(6) It shall be promoted and advertised to maximize business and employment use; and

(7) In an effort to ensure that employers hiring needs are being met, employers shall be encouraged to engage with the system and provide information pertaining to job openings and desired skill sets for potential new hires.
R.I. Gen. Laws § 28-41-17 — RI Code / Title 28 / Chapter 28-41 / Section 28-41-17
§ 28-41-17. Appeal tribunals.
Status: in_force

To hear and decide disputed claims, the board of review may appoint one or more impartial referees, each of whom shall constitute an appeal tribunal to hear and decide appeals from determinations and re-determinations. The board may make appointments to this tribunal and fix its salaries in accordance with the state civil service law, rules, and regulations. No person shall participate on behalf of the board in any case in which he or she is an interested party.
R.I. Gen. Laws § 28-44-55 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-55
§ 28-44-55. Appeal to supreme court.
Status: in_force

An appeal may be taken from the decision of the district court to the supreme court of Rhode Island in the same manner as an appeal is taken under § 28-35-29, relating to appeals in cases under the workers compensation law.
R.I. Gen. Laws § 28-57-4 — RI Code / Title 28 / Chapter 28-57 / Section 28-57-4
§ 28-57-4. Exemptions.
Status: in_force

(a) Nothing in this chapter shall be construed to conflict with the provisions of the Food Code or the Rules and Regulations pertaining to Reporting Infectious, Environmental and Occupational Diseases.

(b) Any employer with a paid leave time off policy or paid sick and safe leave policy who or that makes available at least twenty-four (24) hours during calendar year 2018, thirty-two (32) hours during calendar year 2019, and forty (40) hours per calendar year thereafter of paid time off or paid sick and safe leave time to employees or any employer who or that offers unlimited paid time off or paid sick and safe time is exempt from § 28-57-5(a), (b), (c), and (e). Employers who or that provide at least twenty-four (24) hours during calendar year 2018, thirty-two (32) hours during calendar year 2019, and forty (40) hours per calendar year thereafter of paid sick or safe leave or paid time off that can be used for the purposes consistent with this act at the beginning of each benefit year do not need to track accrual, allow any carryover, or payout.

(c) Any employer who or that employs less than eighteen (18) employees as defined in this act is exempt from § 28-57-5; provided, however, that any such employer shall not take an adverse action against an employee of the employer solely based upon the employees use of up to twenty-four (24) hours during calendar year 2018, thirty-two (32) hours during calendar year 2019, and forty (40) hours per calendar year thereafter, subject to § 28-57-6 and § 28-57-10.

(d) Any employer is not required to provide any paid sick and/or safe leave time to any employees who are employed by a municipality or the state.

(e) Any employer in the construction industry, as classified as code under the North American Industry Classification System, is not required to provide any paid sick and/or safe leave time to any employees who work under a collective bargaining agreement until July 1, 2018.

(f) Any employee licensed to practice nursing pursuant to chapter 34 of title 5 is not subject to the provisions of this chapter if the employee:

(1) Is employed by a healthcare facility;

(2) Is under no obligation to work a regular schedule;

(3) Works only when he or she indicates that he or she is available to work and has no obligation to work when he or she does not indicate availability; and

(4) Receives higher pay than that paid to an employee of the same healthcare facility performing the same job on a regular schedule.
R.I. Gen. Laws § 28-42-30 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-30
§ 28-42-30. Replacement of unauthorized expenditures from administration account.
Status: in_force

If any money received from the Secretary of Labor under Title III of the Social Security Act, 42 U.S.C. § 501 et seq., or any unencumbered balances in the employment security administration account as of that date, any moneys granted after that date to this state pursuant to the provisions of the Wagner-Peyser Act, 29 U.S.C. § 49 et seq., or any moneys made available by this state or its political subdivisions and matched by the moneys granted to this state pursuant to 29 U.S.C. § 49 et seq., are found by the Secretary of Labor, because of any action or contingency, to have been lost or been expended for purposes other than, or in amounts in excess of, those found necessary by the Secretary of Labor for the proper administration of chapters 42  44 of this title, it is the policy of this state that those moneys shall be replaced by moneys appropriated for those purposes from the general funds of this state to the employment security administration account for expenditures as provided in § 28-42-29. Upon receipt of notice of this finding by the Secretary of Labor, the director shall promptly report the amount required for that replacement to the governor and the governor shall, at the earliest opportunity, submit to the legislature a request for the appropriation of that amount. This section shall not be construed to relieve this state of its obligations with respect to funds received prior to July 1, 1941, pursuant to 42 U.S.C. § 501 et seq.
R.I. Gen. Laws § 28-42-9 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-9
§ 28-42-9. Maritime services.
Status: in_force

For the purpose of establishing coverage of maritime services rendered on, or in connection with, vessels, the provisions of §§ 28-42-4 and 28-42-5 and those of the Interstate Maritime Reciprocal Agreement shall apply.
R.I. Gen. Laws § 28-20-33 — RI Code / Title 28 / Chapter 28-20 / Section 28-20-33
§ 28-20-33. Other safety and health laws unimpaired.
Status: in_force

Nothing in this chapter shall be construed to repeal or to limit or restrict in any way present state laws, regulations, or orders governing the safety or health of employees in any place of employment that are not in conflict with this chapter.
R.I. Gen. Laws § 28-42-38.2 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-38.2
§ 28-42-38.2. Income and eligibility verification.
Status: in_force

(a) The department of labor and training will participate in the income and eligibility verification procedures as required by 42 U.S.C. § 1320b-7, which provides for the exchange of information among agencies administering federally assisted programs for aid to families with dependent children, Medicaid, food stamps, supplemental security income, unemployment insurance, and any other state program under a plan approved under Title I, X, XIV, or XVI of the Social Security Act, 42 U.S.C. § 301 et seq., § 1201 et seq., § 1351 et seq., or § 1381 et seq., respectively.

(b) Notwithstanding any other provisions of this chapter, the director will provide, upon request: (1) Quarterly wage information to all authorized agencies for income and eligibility verification purposes and, further, to the appropriate state or local child support enforcement agency operating pursuant to a plan described in 42 U.S.C. § 654 which has been approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act, 42 U.S.C. § 651 et seq.; (2) Quarterly wage information for child support enforcement purposes to the Department of Health and Human Services in accordance with United States Pub. L. No. 100-485, the Family Support Act of 1988; and (3) Quarterly wage information to the Department of Housing and Urban Development and to authorized representatives of public housing agencies in accordance with the Stewart B. McKinney Homeless Assistance Act, 42 U.S.C. § 11301 et seq. This information shall be made available only to the extent necessary for the valid administrative needs of the authorized agencies and all agencies requesting this data shall protect it from unauthorized disclosures. The department shall be reimbursed by the agencies requesting the information for the costs incurred in providing the information.
R.I. Gen. Laws § 28-5-7 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-7
§ 28-5-7. Unlawful employment practices.
Status: in_force

It shall be an unlawful employment practice:

(1) For any employer:

(i) To refuse to hire any applicant for employment because of his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin;

(ii) Because of those reasons, to discharge an employee or discriminate against him or her with respect to hire, tenure, compensation, terms, conditions or privileges of employment, or any other matter directly or indirectly related to employment. However, if an insurer or employer extends insurance-related benefits to persons other than or in addition to the named employee, nothing in this subdivision shall require those benefits to be offered to unmarried partners of named employees;

(iii) In the recruiting of individuals for employment or in hiring them, to utilize any employment agency, placement service, training school or center, labor organization, or any other employee referring source that the employer knows, or has reasonable cause to know, discriminates against individuals because of their race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin;

(iv) To refuse to reasonably accommodate an employees or prospective employees disability unless the employer can demonstrate that the accommodation would pose a hardship on the employers program, enterprise, or business;

(v) When an employee has presented to the employer an internal complaint alleging harassment in the workplace on the basis of race or color, religion, sex, disability, age, sexual orientation, gender identity or expression, or country of ancestral origin, to refuse to disclose in a timely manner in writing to that employee the disposition of the complaint, including a description of any action taken in resolution of the complaint; provided, however, no other personnel information shall be disclosed to the complainant; or

(vi) To require an employee as a condition of employment, to execute a nondisclosure agreement that requires alleged violations of civil rights remain confidential, or a non-disparagement agreement concerning alleged violations of civil rights or alleged unlawful conduct, or any agreement with a clause that requires alleged violations of civil rights remain confidential. Any contract provision in violation of this subsection shall be void as a violation of public policy;

(2)(i) For any employment agency to fail or refuse to properly classify or refer for employment or otherwise discriminate against any individual because of his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin; or

(ii) For any employment agency, placement service, training school or center, labor organization, or any other employee referring source to comply with an employers request for the referral of job applicants if the request indicates, either directly or indirectly, that the employer will not afford full and equal employment opportunities to individuals regardless of their race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin;

(3) For any labor organization:

(i) To deny full and equal membership rights to any applicant for membership because of his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin;

(ii) Because of those reasons, to deny a member full and equal membership rights, expel him or her from membership, or otherwise discriminate in any manner against him or her with respect to his or her hire, tenure, compensation, terms, conditions or privileges of employment, or any other matter directly or indirectly related to membership or employment, whether or not authorized or required by the constitution or bylaws of the labor organization or by a collective labor agreement or other contract;

(iii) To fail or refuse to classify properly or refer for employment, or otherwise to discriminate against any member because of his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin; or

(iv) To refuse to reasonably accommodate a members or prospective members disability unless the labor organization can demonstrate that the accommodation would pose a hardship on the labor organizations program, enterprise, or business;

(4) Except where based on a bona fide occupational qualification certified by the commission or where necessary to comply with any federal mandated affirmative action programs, for any employer or employment agency, labor organization, placement service, training school or center, or any other employee referring source, prior to employment or admission to membership of any individual, to:

(i) Elicit, or attempt to elicit, any information directly or indirectly pertaining to his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin;

(ii) Make or keep a record of his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin;

(iii) Use any form of application for employment, or personnel or membership blank containing questions or entries directly or indirectly pertaining to race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin;

(iv) Print or publish, or cause to be printed or published, any notice or advertisement relating to employment or membership indicating any preference, limitation, specification, or discrimination based upon race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin; or

(v) Establish, announce, or follow a policy of denying or limiting, through a quota system or otherwise, employment or membership opportunities of any group because of the race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin of that group;

(5) For any employer or employment agency, labor organization, placement service, training school or center, or any other employee referring source to discriminate in any manner against any individual because he or she has opposed any practice forbidden by this chapter, or because he or she has made a charge, testified, or assisted in any manner in any investigation, proceeding, or hearing under this chapter;

(6) For any person, whether or not an employer, employment agency, labor organization, or employee, to aid, abet, incite, compel, or coerce the doing of any act declared by this section to be an unlawful employment practice, or to obstruct or prevent any person from complying with the provisions of this chapter or any order issued pursuant to this chapter, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful employment practice;

(7) For any employer to include on any application for employment, except applications for law enforcement agency positions or positions related to law enforcement agencies, a question inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been arrested, charged with or convicted of any crime; provided, that:

(i) If a federal or state law or regulation creates a mandatory or presumptive disqualification from employment based on a persons conviction of one or more specified criminal offenses, an employer may include a question or otherwise inquire whether the applicant has ever been convicted of any of those offenses; or

(ii) If a standard fidelity bond or an equivalent bond is required for the position for which the applicant is seeking employment and his or her conviction of one or more specified criminal offenses would disqualify the applicant from obtaining such a bond, an employer may include a question or otherwise inquire whether the applicant has ever been convicted of any of those offenses; and

(iii) Notwithstanding, any employer may ask an applicant for information about his or her criminal convictions at the first interview or thereafter, in accordance with all applicable state and federal laws;

(8)(i) For any person who or that, on June 7, 1988, is providing either by direct payment or by making contributions to a fringe benefit fund or insurance program, benefits in violation with §§ 28-5-6, 28-5-7 and 28-5-38, until the expiration of a period of one year from June 7, 1988, or if there is an applicable collective bargaining agreement in effect on June 7, 1988, until the termination of that agreement, in order to come into compliance with §§ 28-5-6, 28-5-7 and 28-5-38, to reduce the benefits or the compensation provided any employee on June 7, 1988, either directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance program.

(ii) Where the costs of these benefits on June 7, 1988, are apportioned between employers and employees, the payments or contributions required to comply with §§ 28-5-6, 28-5-7 and 28-5-38 may be made by employers and employees in the same proportion.

(iii) Nothing in this section shall prevent the readjustment of benefits or compensation for reasons unrelated to compliance with §§ 28-5-6, 28-5-7 and 28-5-38.
R.I. Gen. Laws § 28-38-21 — RI Code / Title 28 / Chapter 28-38 / Section 28-38-21
§ 28-38-21. Rules and regulations  Utilization of facilities.
Status: in_force

(a) The rules and regulations, including manner of admission to the center for treatment, and prices to be charged for treatments, shall be promulgated by the administrator appointed under § 28-38-20 and upon review and approval by the director.

(b) Any state employee, receiving workers compensation benefits pursuant to § 28-31-1 et seq., shall be eligible to utilize the treatment facilities at the center. This entitlement shall be effective regardless of the date of injury of the employee.

(c) The treatment rendered at the center shall be considered medical treatment within the meaning of §§ 28-33-5  28-33-11.
R.I. Gen. Laws § 28-5-23 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-23
§ 28-5-23. Testimony at hearing.
Status: in_force

The testimony taken at the hearing shall be under oath and shall be reduced to writing and filed with the commission. Subsequently, in its discretion, the commission upon notice may take further testimony or hear argument.
R.I. Gen. Laws § 28-14-19.1 — RI Code / Title 28 / Chapter 28-14 / Section 28-14-19.1
§ 28-14-19.1. Misclassification of employees.
Status: in_force

(a) The misclassification of a worker whether performing work as a natural person, business, corporation, or entity of any kind, as an independent contractor when the worker should be considered and paid as an employee shall be considered a violation of this chapter.

(b) Upon receipt by the department of a complaint alleging misclassification of a worker pursuant to this section, the department shall undertake an investigation using the factors consistent with federal regulations found in the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.

(1) The department shall assign an investigatory team within the department to investigate and screen all complaints for general analysis and validity.

(2) As part of their investigation, the departments investigatory team may conduct field audits of businesses to ascertain validity of complaints. In conducting these audits, the departments investigatory team may investigate exclusively or with the assistance of the task force as established pursuant to chapter 156 of title 42.

(3)(i) The investigatory team shall make a determination as to whether it finds the complaint to be just and valid, or not, and shall report those findings to the director or the directors designee. In instances where the departments investigatory team deems a complaint is just and valid, and so reports, the alleged civil violation shall be adjudicated pursuant to the provisions of § 28-14-19 and this section.

(ii) In addition, in the event the investigatory team determines that an employer has misclassified an employee, the investigatory team shall report the matter to the director or designee with a recommendation that the matter be referred to the department of the attorney general for criminal prosecution. The investigatory team may include any specific, documented extenuating circumstances that the investigatory team believes would mitigate against a criminal prosecution. The director or designee shall review the investigatory teams findings and consider its recommendations. The director or designee shall forward the matter to the department of the attorney general along with the directors or designees recommendations as to whether to prosecute the matter criminally or not, along with any specific, documented extenuating circumstances that the director or designee believes would mitigate against a criminal prosecution.

(iii)(A) If the director or designee receives information indicating that any person has violated this chapter, the director or designee may investigate the matter and issue an order to show cause why the person should not be found in violation of this chapter.

(B) A person served with an order to show cause shall have a period of twenty (20) days from the date the order is served to file an answer in writing.

(C) If the person fails to file a timely and adequate answer to the order to show cause, the director or designee may, following notice and hearing, do any of the following:

(I) Petition a court of competent jurisdiction to issue a stop-work order as provided in this section; or

(II) Immediately assess penalties as provided for in this section.

(D) If, subsequent to issuing an order to show cause under this section, the director or designee finds probable cause that an employer has committed a criminal violation of this chapter, the director or designee shall refer the matter to the department of the attorney general for investigation or impose administrative penalties provided for under this section.

(E) A party that does not meet the definition of an employer in § 28-14-1, but which party intentionally contracts with an employer knowing the employer intends to misclassify employees in violation of this chapter, shall be subject to the same penalties, remedies, or other actions as the employer found to be in violation of this chapter.

(iv) Provided, the decision whether to prosecute a violation of this section as a criminal matter shall be made by the attorney general. In making this decision, the attorney general shall review and consider all recommendations and materials forwarded by the director or designee pursuant to this section.

(c) In determining the amount of any penalty imposed under this section, the director, or the directors designee, shall 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.

(d) A civil violation of this section may be adjudicated under § 28-14-19 and consolidated with any labor standards violation or under §§ 37-13-14.1 and 37-13-15 and consolidated with any prevailing wage violation.

(e) A violation of this section may be brought or adjudicated by any division of the department of labor and training.

(f) The department shall notify the contractors registration board and the tax administrator of any violation of this section.

(g) In addition to any other relief to which the department or an aggrieved party may be entitled for such a violation, the employer shall be liable for a civil penalty in an amount not less than one thousand five hundred dollars ($1,500) and not greater than three thousand dollars ($3,000) for each misclassified employee for a first offense and up to five thousand dollars ($5,000) for each misclassified employee for any subsequent offense, which shall be shared equally between the department and the aggrieved party.

(h) As it relates to the construction industry, all provisions of § 28-14-19.1 shall apply.

(i) Any employer who knowingly and willfully violates this section regarding misclassification of an employee in the construction industry shall be subject to the following penalties:

(1) Where the value does not exceed one thousand five hundred dollars ($1,500), upon a plea or a conviction, shall be guilty of a misdemeanor and be subject to imprisonment for a term not exceeding one year, or a fine of up to one thousand dollars ($1,000), or both;

(2) Any employer who knowingly and willfully violates this section after having been previously adjudicated for a violation either by plea or conviction of this section and where the value exceeds one thousand five hundred dollars ($1,500) shall be guilty of a felony and sentenced to a term of imprisonment not to exceed three (3) years, or a fine of not more than five thousand dollars ($5,000) or both.

(j)(1) The director of the department of labor and training shall, on or before December 31, 2024, and annually thereafter on or before December 31, file a report (the report) with the governor, the speaker of the house, and the president of the senate. This report shall provide information on the status, progress, and recommendations, if any, as well as the information and data set forth in subsection (j)(2) of this section, regarding the legislative initiatives set forth in this chapter.

(2) The data included in the report required by this subsection (j) shall include, but not be limited to, the following for the time period covered by the report:

(i) Number of complaints filed with the department for wage theft and misclassification of employees (complaints);

(ii) Number of complaints found by the department to be actionable;

(iii) Number of complaints referred by the department to the department of the attorney general;

(iv) Number of complaints that are handled administratively or civilly by the department of labor and training, both the aggregate number and also disaggregated by the resolution or outcome of those complaints, including those settled, dismissed for finding no violation, adjudicated, and, if appealed, the results of those appeals, as well as the number of pending matters; and

(v) Of the complaints referred to the department of the attorney general, a disaggregation of the complaints by resolution or outcome of those complaints, including those settled, dismissed for finding no violation, adjudicated, and, if appealed, the results of those appeals, as well as the number of pending matters. The department of the attorney general shall assist the department of labor and training in obtaining this data.

(k) The attorney general shall, on or before December 31, 2024, and annually thereafter on or before December 31, file a report (the attorney general report) with the governor, the speaker of the house, and the president of the senate. The data included in the attorney general report required by this subsection (k) shall include, but not be limited to, the following for the time period covered by the attorney general report:

(1) The number of complaints referred to the attorney general for wage theft and misclassification of employees (wage theft complaints);

(2) The number of civil and criminal wage theft complaints filed by the attorney general for and arising out of wage theft and misclassification of employees;

(3) A disaggregation of the wage theft complaints by resolution or outcome of those wage theft complaints, including those handled by plea agreement, by conviction, by a finding of not guilty, or other disposition;

(4) The number of such cases that are appealed, and the results of those appeals that have reached disposition;

(5) The number of cases pending both before the trial court and on appeal; and

(6) Such other information, findings, and recommendations as the attorney general determines to be appropriate to address the legislative initiatives set forth in this chapter.
R.I. Gen. Laws § 28-27-16 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-16
§ 28-27-16. Reexamination of applicants.
Status: in_force

Any applicant who has failed an examination shall be permitted to take subsequent examinations at any of the three (3) examinations scheduled during the year as set forth in § 28-27-14. Every retest shall require payment of a separate test fee.
R.I. Gen. Laws § 28-57-13 — RI Code / Title 28 / Chapter 28-57 / Section 28-57-13
§ 28-57-13. Public education and outreach.
Status: in_force

The department shall develop and implement a multilingual outreach program to inform employers, employees, parents, and persons who are under the care of a healthcare provider about the availability of paid sick and safe leave time under this chapter. This program shall include the distribution of notices and other written materials in English and in all languages spoken by more than five percent (5%) of Rhode Islands population and any language deemed appropriate by the department to all childcare and elder care providers, domestic violence shelters or victim services organizations, schools, hospitals, community health centers, and other healthcare providers.
R.I. Gen. Laws § 28-14-16 — RI Code / Title 28 / Chapter 28-14 / Section 28-14-16
§ 28-14-16. Compelling obedience to subpoenas.
Status: in_force

In case of failure of any person to comply with any lawfully issued subpoena, or subpoena duces tecum, or on the refusal of any witness to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of the superior court, or any judge of that court, on application by the director, to compel obedience by proceedings in the nature of those for contempt.
R.I. Gen. Laws § 28-42-68 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-68
§ 28-42-68. Recovery of erroneously paid benefits.
Status: in_force

(a) Any individual who, by reason of a mistake or misrepresentation made by himself, herself, or another, has received any sum as benefits under chapters 42  44 of this title, in any week in which any condition for the receipt of the benefits imposed by those chapters was not fulfilled by him or her, or with respect to any week in which he or she was disqualified from receiving those benefits, shall in the discretion of the director be liable to have that sum deducted from any future benefits payable to him or her under those chapters, or shall be liable to repay to the director for the employment security fund a sum equal to the amount so received, plus, if the benefits were received as a result of misrepresentation or fraud by the recipient, interest on the benefits at the rate set forth in § 28-43-15. That sum shall be collectible in the manner provided in § 28-43-18 for the collection of past due contributions. All interest received pursuant to this subsection shall be credited to the employment security interest fund created by § 28-42-75.

(b) The department, by agreement with another state or the United States, as required by 42 U.S.C. § 503(g), may recover any overpayment of benefits paid to any individual under the laws of this state or of another state or under an unemployment benefit program of the United States. Any overpayments subject to this subsection may be deducted from any future benefits payable to the individual under the laws of this state or of another state or under an unemployment program of the United States.

(c) Beginning October 1, 2013, whenever the director establishes that an erroneous payment was made to an individual due to fraud committed by the individual, that individual will be assessed a penalty equal to fifteen percent (15%) of the amount of the erroneous payment. All penalties assessed and collected under this subsection shall be immediately deposited into the employment security fund.

(d) There shall be no recovery of payments from any person who, in the judgment of the director, is without fault on his or her part and where, in the judgment of the director, that recovery would defeat the purpose of chapters 42  44 of this title.
R.I. Gen. Laws § 28-26-14 — RI Code / Title 28 / Chapter 28-26 / Section 28-26-14
§ 28-26-14. Persons and machinery exempt from chapter.
Status: in_force

(a) The provisions of this chapter shall not apply to engineers under the jurisdiction of the United States, or engineers or operators employed by public utilities, and shall not apply to agriculturists, fishers, horticulturists, and individuals utilizing their personal farm equipment performing volunteer services on land trust property, or to any engine except one that operates a hoist, shovel, crane, or excavator.

(b) The provisions of this chapter shall not apply to powered industrial forklift trucks commonly referenced as forklifts, pallet trucks, rider trucks, fork trucks, or lift trucks. Operators of powered industrial forklift trucks (forklifts, pallet trucks, rider trucks, fork trucks, lift trucks) shall be required to possess employer certification or third-party certification in general industry only. This does not apply to the construction field. Operators of powered industrial forklift trucks, in the construction field, shall be required to possess a Rhode Island state hoisting engineers license along with an operators certification.
R.I. Gen. Laws § 28-20-9 — RI Code / Title 28 / Chapter 28-20 / Section 28-20-9
§ 28-20-9. Employees duties.
Status: in_force

Every employee shall comply with occupational safety and health codes, rules, regulations, and orders issued under the provisions of this chapter that are applicable to his or her actions and conduct.
R.I. Gen. Laws § 28-53-8 — RI Code / Title 28 / Chapter 28-53 / Section 28-53-8
§ 28-53-8. Limitations on payments to injured employees.
Status: in_force

(a) Where the director determines by experience or other appropriate accounting and actuarial methods that the reserves in the fund are insufficient to pay all claims presented or pending, the director shall petition the workers compensation court for an order to make appropriate, proportionate reductions in the payments being made to injured employees by the fund or to suspend all payments to injured employees until such time as the reserves maintained by the fund are sufficient to resume the payment of benefits. The matter shall be heard by the chief judge. If the court determines that the monies held by the fund are insufficient to fully make payments as they fall due, the court shall issue an order directing that a proportionate reduction be made in the payments made to those employees receiving payments from the fund. In considering the funds request for relief, the court shall give due weight to the policy of the workers compensation act that payments are to be paid weekly and that the unwarranted reduction or interruption in the employees weekly payment will impose financial hardship upon the injured worker.

(b) The chief judge shall hear the directors petition within twenty-one (21) days of the date the matter is filed with the court. The petition shall set forth the names and addresses of each employee who may be affected by the reduction in benefits and the court shall provide notice to each employee. The attorney general shall appear on behalf of the employees receiving benefits from the fund and shall take action as he or she feels is necessary to protect the rights of the injured employees.

(c) In the event that the court determines that a reduction or suspension of payments is necessary to maintain the fiscal integrity of the fund, the court shall schedule a mandatory review date to determine whether the financial status of the fund warrants a continuation of the order reducing payments and shall reinstitute payments only upon finding that the reserves maintained by the fund are sufficient to pay all future claims as they fall due.

(d) Payments under this chapter shall not be awarded to any injured employee or dependent if the award would directly or indirectly inure to the benefit of the uninsured employer.

(e) No payment shall be awarded when the director or the court, in its discretion, determines that unjust enrichment to or on behalf of the illegally uninsured employer would result.

(f) No interest shall be included in or added to payments under this chapter.

(g) No payments will be awarded under this chapter to an injured employee, or in the case of death of the injured employee, to person(s) presumed wholly dependent for support upon the deceased employee, as defined in § 28-33-13, in a total amount in excess of fifty thousand dollars ($50,000) plus any attorneys fees awarded in connection with petitions for payment from the fund.

(h) Applications for payment under this chapter shall be filed with the director within the time limits set forth in § 28-35-57.
R.I. Gen. Laws § 28-50-6 — RI Code / Title 28 / Chapter 28-50 / Section 28-50-6
§ 28-50-6. Collective bargaining.
Status: in_force

This chapter shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement.
R.I. Gen. Laws § 28-35-21 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-21
§ 28-35-21. Admissibility of medical and wage records.
Status: in_force

(a) The certified copy of the record of a licensed healthcare facility as defined in chapter 17 of title 23 or of any healthcare provider or medical personnel licensed to practice under title 5 shall be admissible as evidence in any workers compensation proceeding. The determination of the admissibility of this evidence shall be made pursuant to the provisions of §§ 9-19-27 and 9-19-39 and the Rhode Island Rules of Evidence.

(b) The contents of wage records of a claimant employee signed by his or her employer or by the person having charge of those records may be admitted in evidence in any workers compensation proceeding.
R.I. Gen. Laws § 28-42-57 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-57
§ 28-42-57. Parties to judicial action.
Status: in_force

The director or the board of review shall be deemed to be a party to any judicial action involving decisions which have been appealed to the courts, and may be represented in any judicial action by any qualified attorney designated by him, her, or it for that purpose or, at his, her, or its request, by the attorney general.
R.I. Gen. Laws § 28-5-9 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-9
§ 28-5-9. Terms of commission members.
Status: in_force

The five (5) commissioners appointed before July 12, 1990, shall serve the remainder of their terms. One of the two (2) new commissioners to be appointed after July 12, 1990, shall serve for five (5) years and one of the two (2) new commissioners to be appointed after July 12, 1990, shall serve for four (4) years. Thereafter, the members of the commission shall be appointed for terms of five (5) years each, except that any member chosen to fill a vacancy occurring otherwise than by expiration of term shall only be appointed for the unexpired term of the member whom he or she succeeds.
R.I. Gen. Laws § 28-2-8 — RI Code / Title 28 / Chapter 28-2 / Section 28-2-8
§ 28-2-8. Duty of law enforcement officers to seek unemployed persons.
Status: in_force

After the issuance of the proclamation in § 28-2-1, it shall be the duty of a member of the division of sheriffs and of any other officer, state, county, or municipality charged with enforcing the law, to seek and continue to seek diligently the names and places of residence of able-bodied male persons within their respective jurisdictions between the ages of eighteen (18) and fifty (50) not regularly or continuously employed.
R.I. Gen. Laws § 28-37-23 — RI Code / Title 28 / Chapter 28-37 / Section 28-37-23
§ 28-37-23. Interest on delinquent payments.
Status: in_force

If any payment required of any insurer or certified employer by this chapter is not made when due, the insurer or the certified employer shall be required to pay, as part of that payment, interest on it at the rate of one percent (1%) per month from the due date.
R.I. Gen. Laws § 28-21-17 — RI Code / Title 28 / Chapter 28-21 / Section 28-21-17
§ 28-21-17. Penalties.
Status: in_force

In addition to and not in lieu of the remedies available to employees under § 28-21-8(4), any employer who shall willfully and intentionally violate the requirements of this chapter shall be subject to a fine imposed by the department of labor and training at the rate of not more than five thousand dollars ($5,000) for every day the violation exists. The department may impose the fines and enforce their collection by means of a civil action against the employer and the responsible officers of the employer. In addition, for any violation of this chapter that is willful and intentional and that is committed with disregard for the safety of employees, the responsible officer or officers of any offending employer shall be guilty of a misdemeanor and shall be imprisoned for a period not to exceed one year for each violation.
R.I. Gen. Laws § 28-3-7 — RI Code / Title 28 / Chapter 28-3 / Section 28-3-7
§ 28-3-7. Cancellation of erroneously issued certificates.
Status: in_force

If, after investigation, the inspector finds that the certificate or permit should not have been issued to the child under the provisions of this chapter, then he or she shall: (1) Deliver the certificate or permit to the person who issued it; (2) Order it to be cancelled; and (3) Notify the employer that the child must no longer be employed. Every employer or proprietor or manager of any factory or manufacturing or business establishment who continues to employ the child after receiving the notice from any compliance inspector shall be deemed guilty of a misdemeanor, and upon conviction shall be subject to the penalty imposed by § 28-3-20.
R.I. Gen. Laws § 28-10-3 — RI Code / Title 28 / Chapter 28-10 / Section 28-10-3
§ 28-10-3. Labor dispute defined.
Status: in_force

(a) Labor dispute includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee.

(b) Labor dispute does not include any controversy arising out of a demand that an employer recognize or bargain with a labor organization while another labor organization is the representative of employees in the unit as certified by the state labor relations commission or the national labor relations board, prior to the conduct of a new investigation and certification of representatives by the commission or board, or when a bona fide union has a valid existing contract made at a time prior to any current dispute when it represented a majority of the employees covered by the contract.
R.I. Gen. Laws § 28-40-6.1 — RI Code / Title 28 / Chapter 28-40 / Section 28-40-6.1
§ 28-40-6.1. Refunds to persons with disabilities.
Status: in_force

(a) Disabled persons employed through a supported employment program as described in the federal Rehabilitation Act amendments of 1992 (see 29 U.S.C. § 701 et seq.) and who: (1) Were or are ineligible to receive temporary disability benefits because their pay is too low and (2) During one or more periods of such ineligibility they made contributions to the temporary disability insurance fund, shall be entitled to a refund of the contributions, without interest.

(b) A person eligible for a refund pursuant to subsection (a) of this section for contributions made during the period commencing three (3) years prior to June 30, 1995, shall be entitled for one year after that date to apply for a refund of the contribution, and shall have one year from the date of contribution to apply for a refund of contributions made after June 30, 1995.
R.I. Gen. Laws § 28-37-16 — RI Code / Title 28 / Chapter 28-37 / Section 28-37-16
§ 28-37-16. Returns and payments by certified employers.
Status: in_force

Every certified employer shall, on or before May 15 of each year, except for the period ending June 30, 2000, when the return shall be due September 15, 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 company. The director shall then determine the payment to be made by each employer under this chapter and shall mail a notice of the amount of this payment to each certified employer. The determined amount shall be due and payable within sixty (60) days of notice.
R.I. Gen. Laws § 28-40-16 — RI Code / Title 28 / Chapter 28-40 / Section 28-40-16
§ 28-40-16. Collection powers.
Status: in_force

(a) The director shall have, for the collection of the contributions imposed by this chapter, all powers as are prescribed for collection of contributions in this title. The director may require any person subject to the taxes imposed by this chapter to file with him or her a bond, issued by a surety company authorized to transact business in this state, in such an amount as the director may fix, to secure the payment of the contributions, penalties, and interest due or that may become due from that employer.

(b)(1) The director may require the employer to deposit with the general treasurer a bond by way of cash or other security satisfactory to the director in an amount to be determined by the director, but not greater than an amount equal to double the amount of the estimated tax that would normally be due from the employer each month under this chapter, but in no case shall the deposit be less than one hundred dollars ($100).

(2) Where an employer who has deposited a bond with the general treasurer under subsection (b)(1) of this section has failed to collect or remit contributions in accordance with this chapter, the director may, upon giving written notice to the employer by registered mail or personal service, apply the bond in whole or in part to the amount that should have been collected, remitted, or paid by the employer.
R.I. Gen. Laws § 28-29-25 — RI Code / Title 28 / Chapter 28-29 / Section 28-29-25
§ 28-29-25. Penal provisions in other statutes unaffected.
Status: in_force

Nothing in chapters 29  38 of this title shall affect the liability of an employer to a fine or penalty under any other statute.