R.I. Gen. Laws § 28-59-3 — RI Code / Title 28 / Chapter 28-59 / Section 28-59-3
§ 28-59-3. Enforceability.
Status: in_force

(a) A noncompetition agreement shall not be enforceable against the following types of workers:

(1) An employee who is classified as nonexempt under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219;

(2) Undergraduate or graduate students who participate in an internship or otherwise enter a short-term employment relationship with an employer, whether paid or unpaid, while enrolled at an educational institution;

(3) Employees age eighteen (18) or younger; or

(4) A low-wage employee.

(b) This section does not render void or unenforceable the remainder of a contract or agreement containing the unenforceable noncompetition agreement, nor does it preclude the imposition of a noncompetition restriction by a court, whether through preliminary or permanent injunctive relief or otherwise, as a remedy for a breach of another agreement or of a statutory or common law duty.

(c) Nothing in this section shall preclude an employer from entering into an agreement with an employee not to share any information, including after the employee is no longer employed by the employer, regarding the employer or the employment that is a trade secret.
R.I. Gen. Laws § 28-41-22 — RI Code / Title 28 / Chapter 28-41 / Section 28-41-22
§ 28-41-22. Appeal to and review by board.
Status: in_force

Any party in interest, including the director, shall be allowed an appeal to the board of review from the decision of an appeal tribunal. The board on its own motion may initiate a review of a decision or determination of an appeal tribunal within fifteen (15) days after the date of decision. The board may affirm, modify, or reverse the findings or conclusions of the appeal tribunal solely on the basis of previously submitted evidence or upon the basis of such additional evidence as it may direct to be taken.
R.I. Gen. Laws § 28-57-7 — RI Code / Title 28 / Chapter 28-57 / Section 28-57-7
§ 28-57-7. Family childcare providers.
Status: in_force

CCAP family childcare providers shall accrue and may use paid sick and safe leave in the same manner as do employees under this chapter. The implementation, but not the amount, of paid sick and safe leave for CCAP family childcare providers shall be a subject of negotiation with the director of the department of administration under § 40-6.6-4. The department of human services shall promulgate any necessary regulations to implement the requirement of paid sick and safe leave for CCAP family childcare providers. Nothing in this chapter shall be construed to make CCAP family childcare providers employees of the state for any purpose, including for the purposes of eligibility for the state employee pension program or state employee health benefits.
R.I. Gen. Laws § 28-35-26 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-26
§ 28-35-26. Appointment of guardian.
Status: in_force

The workers compensation court may require the appointment of a guardian for any person who is mentally incompetent or a minor to act for and on behalf of that employee within the meaning of chapters 29  38 of this title.
R.I. Gen. Laws § 28-14-17.1 — RI Code / Title 28 / Chapter 28-14 / Section 28-14-17.1
§ 28-14-17.1. Administrative assessment.
Status: in_force

(a) Any employer found to have violated the provisions of this chapter upon final determination by the department of labor and training, including claims settled via settlement agreement and administrative hearing, shall be assessed an administrative penalty equal to fifteen percent (15%) to twenty-five percent (25%) of the amount of back wages ordered to be paid for a first violation within a three-year (3) period. For subsequent violations within a three-year (3) period, the assessment shall equal twenty-five percent (25%) to fifty percent (50%) of the amount of back wages ordered to be paid.

(b) In determining the amount of any penalty imposed under this section, the director or his or her designee shall consider 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 violation.
R.I. Gen. Laws § 28-35-22 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-22
§ 28-35-22. Inspection of premises  Examination of wage records  Medical examination.
Status: in_force

The workers compensation court may, with notice to all parties, cause testimony to be taken or an inspection of the premises where the injury occurred, to be had, or cause the time books and payroll records of the employer to be examined by any judge of the workers compensation court or any examiner appointed by it, and may from time to time direct any employee claiming compensation to be examined by an impartial physician as defined in § 28-35-24; the testimony so taken and the results of any inspection or examination to be reported to the workers compensation court for its consideration upon any hearing.
R.I. Gen. Laws § 28-20-11 — RI Code / Title 28 / Chapter 28-20 / Section 28-20-11
§ 28-20-11. Recordkeeping requirements.
Status: in_force

(a) Each employer shall make, keep, preserve, and furnish to the director any records regarding his or her activities relating to this chapter that the director, in cooperation with the United States Secretary of Labor and the United States Secretary of Health, Education and Welfare, or their successors, may prescribe by regulation as necessary or appropriate for the enforcement of this chapter or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this subsection, the regulations may include provisions requiring employers to conduct periodic inspections. The director shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this chapter, including the provisions of applicable codes.

(b) The director of labor and training, in cooperation with the director of health, shall prescribe regulations requiring employers to maintain accurate records of, and to make periodic reports on, work-related deaths, injuries, and illnesses other than minor injuries requiring only first aid treatment and that do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.

(c) The director of labor and training, in cooperation with the director of health, shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents that are required to be monitored or measured under the provisions of this chapter and of § 23-1.1-7. Those regulations shall provide employees or their representatives with an opportunity to observe the monitoring or measuring, and to have access to the records of the monitoring or measuring. Those regulations shall also make appropriate provision for each employee or former employee to have access to any records that will indicate his or her own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels that exceed those prescribed by an applicable safety or health code promulgated under this chapter, and shall inform any employee who is being exposed of the corrective action being taken.

(d) Any information obtained by the director or any other state agency under this chapter shall be obtained with a minimum burden upon employers, especially those operating small businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent feasible.
R.I. Gen. Laws § 28-29-13.1 — RI Code / Title 28 / Chapter 28-29 / Section 28-29-13.1
§ 28-29-13.1. Booklets  Information.
Status: in_force

(a) In order to ensure that both employers and employees are fully informed as to their rights and responsibilities, the director shall prepare, publish, and distribute an illustrated booklet explaining, in informal and readily understandable language, those rights and responsibilities. The director shall be responsible for periodic revision of the booklet.

(b) The director may present educational seminars and publish a separate volume containing the provisions of the general laws relating to workers compensation. All fees received from the seminars and the sale of the publications shall be deposited as general revenues. All booklets and the publications referenced in this chapter shall indicate that they are not official publications of the state of Rhode Island, and they are published merely for the convenience of the public. They shall not be relied upon as authority for what is contained in the general laws.
R.I. Gen. Laws § 28-43-16 — RI Code / Title 28 / Chapter 28-43 / Section 28-43-16
§ 28-43-16. Priority of contributions in bankruptcy or judicial distribution of assets.
Status: in_force

In the event of any distribution of an employers assets pursuant to an order of any court under the laws of this state, including any receivership, assignment for benefit of creditors, adjudicated insolvency, composition, or similar proceeding, contribution payments then or subsequently due shall have the same priority given to wage claims of not more than one hundred dollars ($100) to each claimant, earned within six (6) months of the commencement of the proceeding. In the event of an employers adjudication in bankruptcy, judicially confirmed extension proposal, or composition under the federal Bankruptcy Act, 11 U.S.C. § 101 et seq., contributions then or subsequently due shall be entitled to the priority as is provided in 11 U.S.C. § 507.
R.I. Gen. Laws § 28-42-10 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-10
§ 28-42-10. Services performed by students.
Status: in_force

Employment does not include services performed in the employ of a school, college, or university, by a student who is enrolled and regularly attending classes at that school, college, or university.
R.I. Gen. Laws § 28-20-2 — RI Code / Title 28 / Chapter 28-20 / Section 28-20-2
§ 28-20-2. Division of occupational safety.
Status: repealed

(a) The department of labor and training shall be responsible for the administration and enforcement of all laws, codes, rules, and regulations pertaining to occupational safety and health as applied to every employer operating in this state, provided that inspection of health hazards shall be made pursuant to the provisions of chapter 1.1 of title 23.

(b) There shall be a division of occupational safety within the department of labor and training that shall have all the powers and duties prescribed by the provisions of this chapter and chapter 19 [repealed] of this title and any other duties that may be conferred by law upon the division.

(c) Any reference to the division of industrial inspection in existing laws is amended to mean the division of occupational safety.
R.I. Gen. Laws § 28-27-21 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-21
§ 28-27-21. Grounds for revocation of license.
Status: in_force

The director of labor and training shall revoke or suspend the license or impose a fine on any pipefitter or refrigeration/air conditioning or fire protection sprinkler contractor/sprinkler fitter master or journeyperson or sheet metal contractor or journeyperson sheet metal worker after hearing before and recommendation of the board, when the weight of the evidence establishes any one or more of the following specific violations:

(1) Obtaining or conspiring with others to obtain a license by inducing the issuance of that license in consideration of the payment of money, or any other thing of value, or by and through a willful or fraudulent misrepresentation of facts or the procurement thereof;

(2) Willfully violating any ordinances or rules of any cities or towns or of any laws in this state regulating the conduct of pipefitting or refrigeration/air conditioning or fire protection sprinkler systems or air distribution systems work;

(3) Knowingly hiring, directly aiding or assisting any person to engage in the work specified for a pipefitter or refrigeration/air conditioning or fire protection sprinkler contractor/sprinkler fitter master or journeyperson or sheet metal contractor or journeyperson sheet metal worker when that person does not have a license as provided in this chapter;

(4) Any pipefitter or refrigeration/air conditioning or fire protection sprinkler contractor/sprinkler fitter master or journeyperson or sheet metal contractor or journeyperson sheet metal worker willfully and fraudulently loaning his or her license to any other person for the purpose of permitting that person to engage in any work in violation of this chapter;

(5) Being convicted of a felony; or

(6) Willfully violating any of the provisions of this chapter including the rules, regulations, and licensing criteria guide promulgated under this chapter.
R.I. Gen. Laws § 28-5-2 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-2
§ 28-5-2. Legislative findings.
Status: in_force

The practice or policy of discrimination against individuals because of their race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin is a matter of state concern. Such discrimination foments domestic strife and unrest; threatens the rights and privileges of the inhabitants of the state; and undermines the foundations of a free democratic state. The denial of equal employment opportunities because of such discrimination and the consequent failure to utilize the productive capacities of individuals to their fullest extent deprive large segments of the population of the state of earnings necessary to maintain decent standards of living, necessitates their resort to public relief, and intensifies group conflicts, thereby resulting in grave injury to the public safety, health, and welfare.
R.I. Gen. Laws § 28-33-18 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-18
§ 28-33-18. Weekly compensation for partial incapacity.
Status: in_force

(a) For all injuries on or after January 1, 2022, while the incapacity for work resulting from the injury is partial, the employer shall pay the injured employee a weekly compensation equal to sixty-two percent (62%) of the difference between his or her average weekly base wages, earnings, or salary before the injury as computed pursuant to the provisions of § 28-33-20, and his or her weekly wages, earnings, salary, or earnings capacity after that, but not more than the maximum weekly compensation rate for total incapacity as set forth in § 28-33-17. For all injuries on or before December 31, 2021, while the incapacity for work resulting from the injury is partial, the employer shall pay the injured employee a weekly compensation equal to seventy-five percent (75%) of the difference between his or her spendable average weekly base wages, earnings, or salary before the injury, as computed pursuant to the provisions of § 28-33-20, and his or her spendable weekly wages, earnings, salary, or earnings capacity after that, but not more than the maximum weekly compensation rate for total incapacity, as set forth in § 28-33-17. The provisions of this section are subject to the provisions of § 28-33-18.2.

(b) For all injuries occurring on or after September 1, 1990, where an employees condition has reached maximum medical improvement and the incapacity for work resulting from the injury is partial, while the incapacity for work resulting from the injury is partial, the employer shall pay the injured employee a weekly compensation equal to seventy percent (70%) of the weekly compensation rate as set forth in subsection (a) of this section. The court may, in its discretion, take into consideration the performance of the employees duty to actively seek employment in scheduling the implementation of the reduction. The provisions of this subsection are subject to the provisions of § 28-33-18.2.

(c)(1) Earnings capacity determined from degree of functional impairment pursuant to § 28-29-2(3) shall be determined as a percentage of the whole person based on the sixth (6th) edition of the American Medical Association Guides to the Value of Permanent Impairment. Earnings capacity shall be calculated from the percentage of impairment as follows:

(i) For impairment of five percent (5%) or less, earnings capacity shall be calculated so as to extinguish one hundred percent (100%) of weekly benefits.

(ii) For impairment of twenty-five percent (25%) or less, but greater than five percent (5%), earnings capacity shall be calculated so as to extinguish one hundred percent (100%) less the percent of impairment of weekly benefits.

(iii) For impairment of fifty percent (50%) or less, but greater than twenty-five percent (25%), earnings capacity shall be calculated so as to extinguish one hundred percent (100%) less one point two five (1.25) times the percent of impairment of weekly benefits.

(iv) For impairment of sixty-five percent (65%) or less, but greater than fifty percent (50%), earnings capacity shall be calculated so as to extinguish one hundred percent (100%) less one point five (1.5) times the percent of impairment of weekly benefits.

(2) An earnings capacity adjustment under this section shall be applicable only when the employees condition has reached maximum medical improvement under § 28-29-2(3)(ii) and benefits are subject to adjustment pursuant to subsection (b) of this section.

(d) In the event partial compensation is paid, in no case shall the period covered by the compensation be greater than three hundred and twelve (312) weeks. In the event that compensation for partial disability is paid under this section for a period of three hundred and twelve (312) weeks, the employees right to continuing weekly compensation benefits shall be determined pursuant to the terms of § 28-33-18.3. At least twenty-six (26) weeks prior to the expiration of the period, the employer or insurer shall notify the employee and the director of its intention to terminate benefits at the expiration of three hundred and twelve (312) weeks and advise the employee of the right to apply for a continuation of benefits under the terms of § 28-33-18.3. In the event that the employer or insurer fails to notify the employee and the director as prescribed, the employer or insurer shall continue to pay benefits to the employee for a period equal to twenty-six (26) weeks after the date the notice is served on the employee and the director.
R.I. Gen. Laws § 28-40-18 — RI Code / Title 28 / Chapter 28-40 / Section 28-40-18
§ 28-40-18. Waiver of contributions and interest under one dollar.
Status: in_force

If the total amount due to the department of labor and training from an employer in contributions and/or interest for any period is less than one dollar ($1.00), this amount shall not be assessed.
R.I. Gen. Laws § 28-10-13.1 — RI Code / Title 28 / Chapter 28-10 / Section 28-10-13.1
§ 28-10-13.1. Police and fire services.
Status: in_force

(a) Recognizing that police and fire services provided by a municipality during a labor dispute are a public function, and recognizing further the need to secure the rights and safety of all parties to a labor dispute and the rights and safety of the general public, it shall be unlawful for any municipality, agent, servant, or employee of a municipality within the state to accept directly or indirectly from any person, partnership, firm, corporation, or labor union, or any of their officers or agents, involved in a labor strike or lockout compensation or reimbursement for any expense including salaries incurred by the person, partnership, firm, corporation, or labor union, or any of their officers or agents, in connection with the providing of police or fire services during a labor strike or lockout and in connection with the strike or lockout.

(b) For the purposes of this section, an off-duty police officer shall be considered an employee of a municipality within the state. Private security guard services provided by off-duty police officers shall be considered police services that are a function of the municipality and therefore prohibited under this chapter.

(c) It shall also be a violation of this chapter for an employer to compensate any municipality, agent, servant, or employee of a municipality for private security guard services.
R.I. Gen. Laws § 28-42-46 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-46
§ 28-42-46. Maintenance of employment offices.
Status: in_force

It shall be the duty of the director to administer a system of public employment offices for the purpose of assisting employers to secure employees and workers to secure employment. The director is given full power to do and perform all things necessary to secure to this state the benefits provided by the Wagner-Peyser Act, 29 U.S.C. § 49 et seq. All duties in connection with the federal act in relation to reemployment, including the establishment and maintenance of a system of employment offices, shall be vested in the director, and the director shall establish and maintain any employment offices in any parts of this state that he or she deems necessary.
R.I. Gen. Laws § 28-14-10 — RI Code / Title 28 / Chapter 28-14 / Section 28-14-10
§ 28-14-10. Wage deductions unaffected.
Status: in_force

(a) None of the sections of this chapter shall be applicable to, control, or prohibit the deduction from wages of an employee by an employer in accordance with the terms of a collective bargaining agent of a majority of the employees in a bargaining unit of employees in which the employee is employed; provided, that the amount deducted from the wages of the employee is to be: (1) Used for the purpose of defraying the costs of legal services, counsel fees, or contribution to a prepaid legal services plan for those employees, their families, and their dependents; or (2) Paid to pension, welfare, vacation, or annuity plans, or an insurance plan for accident, health, disability, or life coverage or similar plans, complete provisions for which are contained in a collective bargaining agreement or a supplemental agreement as provided in them between the employer and the authorized bargaining agent of the employees and those plans are for the benefit of employees, their dependents, and beneficiaries in the bargaining unit, including full-time employees of the labor organization, provided it shall make the same payment for its employees to that plan or plans.

(b) None of the sections of this chapter shall be applicable to, control, or prohibit the deduction from wages of an employee by an employer in accordance with a written request made by the individual employee of:

(1) Trade union or craft dues or other obligations imposed by a collective bargaining contract;

(2) Subscriptions to a nonprofit hospital service corporation or nonprofit medical and/or surgical service corporation;

(3) Contributions to or for the use of a religious, charitable, scientific, literary, or educational corporation, trust, community chest fund, or foundation;

(4) Payments for the purpose of purchasing obligations of the United States or stock of a corporation pursuant to an employee stock purchase plan;

(5) Contributions to a pension plan in which the employee is a participant not required by a collective bargaining agreement entered into between the authorized collective bargaining representative of an employee and his or her employer;

(6) Contributions to or for insurance or under an insurance plan for accident, health, or life coverage not required by a collective bargaining agreement entered into between the authorized collective bargaining representative of an employee and his or her employer;

(7) Amounts to be credited to a share, deposit, or loan account in any credit union;

(8) Contributions, subscriptions, or payments of a similar nature not connected with past or present indebtedness; or

(9) Payments for participation in a vanpool transportation system where employee participation in the program is not a condition of employment.
R.I. Gen. Laws § 28-26-1.1 — RI Code / Title 28 / Chapter 28-26 / Section 28-26-1.1
§ 28-26-1.1. Functions of board of examiners  Code of ethics.
Status: in_force

The board of examiners of hoisting engineers shall meet once a month or as deemed necessary to conduct business. The board shall have a policy making role in the preparation and amendment of rules and regulations pertaining to this chapter, and in the preparation and composition of the examinations to be administered by the division. Subsequent to the administration of the examinations, the board of examiners shall review the examinations to evaluate their effectiveness. The board shall also hold hearings on violations of this chapter, and make recommendations to the director of labor and training. Members of the board shall be subject to the provisions of chapter 14 of title 36.
R.I. Gen. Laws § 28-25-6 — RI Code / Title 28 / Chapter 28-25 / Section 28-25-6
§ 28-25-6. Method of inspection.
Status: in_force

The administrator or a duly authorized inspector shall make the required inspection of each boiler or pressure vessel in accordance with the rules and regulations approved by the administrator.
R.I. Gen. Laws § 28-2-3 — RI Code / Title 28 / Chapter 28-2 / Section 28-2-3
§ 28-2-3. Inability to find work as defense.
Status: in_force

In no case shall the claim by the accused of his inability to obtain work or employment be a defense to a prosecution under this chapter, unless it is proven that the accused promptly notified the director of labor and training of his inability to obtain employment, requested that work or employment be found for him, that the employment was not furnished, and he holds a certificate from the director of labor and training, or his or her duly authorized subordinate, that the application has been made.
R.I. Gen. Laws § 28-22-1 — RI Code / Title 28 / Chapter 28-22 / Section 28-22-1
§ 28-22-1. Division established.
Status: in_force

Within the department of labor and training there shall be a division of professional regulation, in accordance with the provisions of chapter 4 of title 36. The division shall act as the administrative agent for the examining boards established by this title and perform such other functions as assigned by this title.
R.I. Gen. Laws § 28-5-29.1 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-29.1
§ 28-5-29.1. Punitive damages.
Status: in_force

In addition to the remedies provided in § 28-5-24, where the challenged conduct is shown to be motivated by malice or ill will or when the action involves reckless or callous indifference to the statutorily protected rights of others, the court may award punitive damages; provided, that punitive damages shall not be available against the state or its political subdivisions.
R.I. Gen. Laws § 28-29-1.3 — RI Code / Title 28 / Chapter 28-29 / Section 28-29-1.3
§ 28-29-1.3. Jurisdiction of Workers Compensation Act.
Status: in_force

The provisions of chapters 29  38 of this title shall apply to any and all employees, as defined in § 28-29-2, who are injured or hired in the state of Rhode Island.
R.I. Gen. Laws § 28-29-6.1 — RI Code / Title 28 / Chapter 28-29 / Section 28-29-6.1
§ 28-29-6.1. Secondary provision of workers compensation insurance.
Status: in_force

(a) Whenever a general contractor or a construction manager enters into a contract with a subcontractor for work to be performed in Rhode Island, the general contractor or construction manager shall at all times require written documentation evidencing that the subcontractor carries workers compensation insurance with no indebtedness for its employees for the term of the contract or is an independent contractor pursuant to the provisions of § 28-29-17.1. In the event that the general contractor or construction manager fails to obtain the written documentation from the subcontractor, the general contractor or construction manager shall be deemed to be the employer pursuant to provisions of § 28-29-2.

(b) For the purposes of this section, construction manager means an individual corporation, partnership, or joint venture or other legal entity responsible for supervising and controlling all aspects of construction work to be performed on the construction project, as designated in the project documents, in addition to the possibility of performing some of the construction services itself. For the purposes of this section, the construction manager need have no contractual involvement with any of the parties to the construction project other than the owner, or may contract directly with the trade contractors pursuant to its agreement with the owner.

(c) This section only applies to a general contractor, subcontractor, or construction manager deemed an employer subject to the provisions of chapters 29  38 of this title, as provided in § 28-29-6.

(d) Whenever the workers compensation insurance carrier is obligated to pay workers compensation benefits to the employee of an uninsured subcontractor, the workers compensation insurance carrier shall have a complete right of indemnification to the extent benefits are paid against either the uninsured subcontractor, uninsured general contractor, or uninsured construction manager.
R.I. Gen. Laws § 28-33-24 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-24
§ 28-33-24. Cessation of payments on death of employee.
Status: in_force

All payments of compensation under chapters 29  38 of this title shall cease upon the death of the employee from a cause other than or not induced by the injury for which he or she is receiving compensation; provided, that where specific compensation is payable under the provisions of § 28-33-19, those payments shall be vested and are not to be divested by any subsequent happening or contingency.
R.I. Gen. Laws § 28-29-7.2 — RI Code / Title 28 / Chapter 28-29 / Section 28-29-7.2
§ 28-29-7.2. Farm laborers.
Status: in_force

Farmers, nursery operators, or farm laborers are not subject to the provisions of chapters 29  38 of this title unless the farmers or agricultural employers employ twenty-five (25) or more farm laborers or agricultural employees for thirteen (13) consecutive weeks. Farmers, nursery operators, or agricultural employers who or that employ twenty-five (25) or more farm laborers or agricultural employees for thirteen (13) consecutive weeks are not subject to the provisions of chapters 29  38 of this title if the farmer or agricultural employer maintains health and disability insurance for all of its farm laborers or agricultural employees; provided, that the health and disability insurance premium exceeds the premium for workers compensation insurance. Farmers or agricultural employers who or that employ twenty-five (25) or more farm laborers or agricultural employees for thirteen (13) consecutive weeks are subject to chapters 29  38 of this title for those agricultural enterprises that produce greenhouse crops, fruit and vegetable crops, herbaceous crops, sod crops, viticulture, viniculture, floriculture, feed for livestock, forestry, dairy farming, aquaculture, the raising of livestock, fur-bearing animals, poultry and eggs, bees and honey, mushrooms, and nursery stock.
R.I. Gen. Laws § 28-20-19 — RI Code / Title 28 / Chapter 28-20 / Section 28-20-19
§ 28-20-19. Occupational safety and health review board.
Status: repealed

(a) The occupational safety and health review board is established.

(b) The review board shall be composed of seven (7) members appointed by the governor:

(1) One of whom shall be a qualified member of the occupational safety profession;

(2) One shall be a qualified elevator representative;

(3) One shall be a qualified mechanical representative;

(4) One shall be a qualified electrical representative;

(5) One shall be a qualified operating engineer representative, nominated by the director of labor and training;

(6) One shall be a qualified representative of the occupational health profession, nominated by the director of health; and

(7) One shall be a representative of the public who acts as chairperson of the review board.

(c) The term of office of each member of the review board shall be six (6) years.

(d) The review board shall conduct hearings pursuant to chapter 35 of title 42 in all cases involving contests of the decisions of the director, and the commission for occupational safety and health made pursuant to this chapter and chapter 19 [repealed] of this title.

(e) Five (5) members of the review board shall constitute a quorum, and official action can be taken only on the affirmative vote of at least five (5) members. In the event of a lack of a quorum, the director of labor and training shall have the authority to designate an employee of the department of labor and training to serve on the board for purposes of obtaining a quorum only. That employee shall have no voting privileges.

(f) The review board shall set its own rules established pursuant to the requirements of chapter 35 of title 42.

(g) Clerical and other assistance as may be required by the review board shall be furnished by the director.
R.I. Gen. Laws § 28-9-5 — RI Code / Title 28 / Chapter 28-9 / Section 28-9-5
§ 28-9-5. Superior court order of arbitration.
Status: in_force

(a) The making of an agreement for arbitration shall be deemed a consent of the parties to the arbitration to the jurisdiction of the superior court of this state to enforce the agreement. A party aggrieved by the failure, neglect, or refusal of another to perform under a contract or submission providing for arbitration, may petition the superior court, or a judge of that court, for an order directing that the arbitration proceed in the manner provided for in the contract or submission.

(b) Five (5) days notice in writing of the application shall be served upon the party in default. Service shall be made in the manner specified in the contract or submission, and if no manner of service is specified, then in the manner provided by law for personal service of a summons, within or without the state, or substituted service of a summons, or upon satisfactory proof that the aggrieved party has been or will be unable with due diligence to make service in any of the previously mentioned manners, then the notice shall be served in the manner that the court or judge directs.

(c) A judge of the superior court shall hear the parties and upon being satisfied that there is no substantial issue as to the making of the contract or submission or the failure to comply with it, the court or the judge hearing the application shall make an order directing the parties to proceed to arbitration in accordance with the terms of the contract or submission.
R.I. Gen. Laws § 28-34-10 — RI Code / Title 28 / Chapter 28-34 / Section 28-34-10
§ 28-34-10. Information as to previous employers.
Status: in_force

The employee, or his or her dependents, if so requested, shall furnish the last employer or the director or the workers compensation court with any information as to the names and addresses of all his or her other employers during the twenty-four (24) months that he or she or they possess. If that information is not furnished, or is not sufficient to enable the last employer to take proceedings against a prior employer under § 28-34-8, unless it is established that the occupational disease actually was contracted while the employee was in his or her employment, the last employer shall not be liable to pay compensation, or, if that information is not furnished or is not sufficient to enable the last employer to take proceedings against the other employers under § 28-34-8, the last employer shall be liable only for that part of the total compensation as under the particular circumstances the workers compensation court deems just; but a false statement in the information furnished shall not impair the employers rights unless the last employer is prejudiced by it.
R.I. Gen. Laws § 28-57-6 — RI Code / Title 28 / Chapter 28-57 / Section 28-57-6
§ 28-57-6. Use of paid sick and safe leave time.
Status: in_force

(a) Paid sick and safe leave time shall be provided to an employee by an employer for:

(1) An employees mental or physical illness, injury, or health condition; an employees need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; an employees need for preventive medical care;

(2) Care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; care of a family member who needs preventive medical care;

(3) Closure of the employees place of business by order of a public official due to a public health emergency or an employees need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency, or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a healthcare provider that the employees or family members presence in the community may jeopardize the health of others because of their exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease; or

(4) Time off needed when the employee or a member of the employees family is a victim of domestic violence, sexual assault, or stalking.

(b) Paid sick and safe leave time shall be provided upon the request of an employee. Such request may be made orally, in writing, by electronic means, or by any other means acceptable to the employer. When possible, the request shall include the expected duration of the absence.

(c) When the use of paid sick and safe leave time is foreseeable, the employee shall provide notice of the need for this time to the employer in advance of the use of the sick and safe leave time and shall make a reasonable effort to schedule the use of sick and safe leave time in a manner that does not unduly disrupt the operations of the employer.

(d) An employer who or that requires notice of the need to use earned paid sick and safe leave time where the need is not foreseeable shall provide a written policy that contains procedures for the employee to provide notice. An employer who or that has not provided to the employee a copy of its written policy for providing such notice shall not deny earned paid sick and safe leave time to the employee based on noncompliance with such a policy.

(e) Unless otherwise in conflict with state or federal law or regulations, an employee may decide how much sick time to use; provided, however, that an employer may set a minimum increment for the use of sick time, not to exceed four (4) hours per day, provided this minimum increment is reasonable under the circumstances.

(f) For paid sick and safe leave time of more than three (3) consecutive work days, an employer may require reasonable documentation that the paid sick and safe leave time has been used for a purpose covered by subsection (a) of this section if the employer has notified the employee in writing of this requirement in advance of the employees use of paid sick and safe time. An employer may not require that the documentation explain the nature of the illness or the details of the domestic violence, sexual assault, or stalking unless required by existing government regulation or law. Nothing in this provision shall be construed to conflict with existing government regulation or law.

(1) An employer may require written documentation for an employees use of earned sick time that occurs within two (2) weeks prior to an employees final scheduled day of work before termination of employment.

(2) Documentation signed by a healthcare professional indicating that paid sick leave time is necessary shall be considered reasonable documentation under subsection (a) of this section.

(3) One of the following, of the employees choosing, shall be considered reasonable documentation of an absence under subsection (a)(4) of this section:

(i) An employees written statement that the employee or the employees family member is a victim of domestic violence, sexual assault, or stalking and that the leave taken was for one of the purposes of subsection (a)(4) of this section;

(ii) A police report indicating that the employee or employees family member was a victim of domestic violence, sexual assault, or stalking;

(iii) A court document indicating that the employee or employees family member is involved in legal action related to domestic violence, sexual assault, or stalking; or

(iv) A signed statement from a victim and witness advocate affirming that the employee or employees family member is receiving services from a victim services organization or is involved in legal action related to domestic violence, sexual assault, or stalking.

(g) An employers requirements for verification may not result in an unreasonable burden or expense on the employee and may not exceed privacy or verification requirements otherwise established by law.

(h) Paid sick and safe leave cannot be used as an excuse to be late for work without an authorized purpose.

(i) If an employee is committing fraud or abuse by engaging in an activity that is not consistent with allowable purposes for paid sick and safe leave in this section, an employer may discipline the employee, up to and including termination of employment for misuse of sick leave.

(j) If an employee is exhibiting a clear pattern of taking leave on days just before or after a weekend, vacation, or holiday, an employer may discipline the employee for misuse of paid sick and safe leave, unless the employee provides reasonable documentation that the paid sick and safe leave time has been used for a purpose covered by subsection (a) of this section.

(k) An employer may not require, as a condition of providing earned paid sick and safe time under this chapter, that the employee search for or find a replacement worker to cover the hours during which the employee is using paid sick and safe leave time. However, if an employee is absent from work for any reason listed in subsection (a) of this section and by mutual consent of the employer and the employee the employee works an equivalent number of additional hours or shifts during the same or the next pay period as the hours or shifts not worked due to reasons listed in subsection (a) of this section, an employee shall not be required to use accrued and earned paid or unpaid sick time for the employees absence during that time period, and the employer shall not be required to pay for sick time taken during the time period.
R.I. Gen. Laws § 28-5-7.1 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-7.1
§ 28-5-7.1. Exemption of firefighter and law enforcement officer.
Status: in_force

It shall not be unlawful for an employer as defined in § 28-5-6(9)(i) or any agency or instrumentality of the state or a political subdivision of the state to fail or refuse to hire or to discharge any person because of the persons age if the action is taken with respect to the employment of a person as a firefighter or as a law enforcement officer and the person has attained the age of hiring or retirement in effect under any state statute, city or town ordinance, any collective bargaining agreement, or pension plan in effect on March 3, 1983. An employee whose retirement goes into effect shall be allowed to continue his or her employment until the end of the calendar year.
R.I. Gen. Laws § 28-12-3.2 — RI Code / Title 28 / Chapter 28-12 / Section 28-12-3.2
§ 28-12-3.2. Wages for failure to furnish shift work.
Status: in_force

(a) An employer who requests or permits any employee to report for duty at the beginning of a work shift and does not furnish at least three (3) hours work on that shift shall pay the employee not less than three (3) times the regular hourly rate. Provided, however, that shifts scheduled for less than three (3) hours are permissible when entered into voluntarily and agreed upon by both the employer and employee. In the event that an employee reports for duty at the beginning of a work shift and the employer offers no work for him or her to perform, the employer shall pay the employee not less than three (3) times the regular hourly rate or the amount they would have earned for any shifts consisting of less than three (3) hours, as allowed under this section.

(b) This section shall not apply to students enrolled full-time at colleges or universities located in this state who are also an employee of the college or university they attend, except as follows: a college or university that employs students and requests or permits a student employee to report for duty at the beginning of a work shift, the length of which has been mutually agreed to, and the employer does not furnish work for the student employee to perform, will pay the student for the number of hours of the agreed upon shift.
R.I. Gen. Laws § 28-1-3 — RI Code / Title 28 / Chapter 28-1 / Section 28-1-3
§ 28-1-3. Administrative assistant to director.
Status: in_force

The director of labor and training shall, with the approval of the governor, appoint an administrative assistant, who shall perform those duties that may be prescribed by the director and shall serve at his or her pleasure. The administrative assistant shall be deemed to be employed in a policymaking capacity and shall be in the unclassified service.
R.I. Gen. Laws § 28-25-4 — RI Code / Title 28 / Chapter 28-25 / Section 28-25-4
§ 28-25-4. Authorized inspectors.
Status: in_force

The administrator through the chief inspector of the division of occupational safety may issue a commission to act as an authorized inspector to any person employed by the division of occupational safety or by an insurance company authorized to insure boilers against explosion in this state who holds a certificate of competency having passed a written examination approved by the administrator, or in lieu of the examination, who holds a certificate of competency as an inspector of boilers from a state that has a standard of examination equal to that of this state, or who holds a certificate issued by the National Board of Boiler and Pressure Vessel Inspectors, to the effect that the holder thereof is authorized by it to inspect steam boilers in this state. The fee adopted by the code commission for occupational safety and health for the inspectors commission shall be paid to the administrator of the division of occupational safety and shall be valid until termination of the inspectors employment. In addition to the authorized inspectors authorized under this section, the administrator shall, upon the request of any company operating pressure vessels in this state for which the owner or user maintains a regularly established inspection service, issue to those persons a commission as an owner/user inspector. Owner/user inspectors shall hold a certificate of competency having passed a written examination approved by the administrator, or in lieu of the examination, who hold a certificate issued by the National Board of Boiler and Pressure Vessel Inspectors. All authorized inspectors shall register and renew their commission with the administrator of occupational safety on an annual basis. An authorized inspector shall be compensated by the company employing him or her, and the fee provided for in § 28-25-12 shall not be collected by any authorized inspector. If an applicant for a commission to act as an authorized inspector fails to pass the examination, he or she may apply again for examination after a period of three (3) months has elapsed. The administrator of the division of occupational safety may at any time revoke any commission issued by him or her, to act as an authorized inspector for the incompetence or untrustworthiness of the holder of the commission or for willful falsification of any matter or statement contained in his or her application or in a report of any inspection made by him or her. A person whose commission has been suspended shall be entitled to an appeal as provided in § 28-20-19, and to be present in person and to be represented by counsel at the hearing of the appeal. The administrator of the division of occupational safety may at any time revoke any commission issued by him or her, to act as an authorized inspector for cause shown after a hearing of which the holder of the commission shall receive five (5) days notice in writing.
R.I. Gen. Laws § 28-26-12 — RI Code / Title 28 / Chapter 28-26 / Section 28-26-12
§ 28-26-12. Investigation and prosecution of violations.
Status: in_force

The chief of the section shall act as an investigator with respect to the enforcement of all provisions of law relative to the licensing of hoisting engineers and to this effect whenever a complaint is made by the chief of the section to the director of labor and training that the provisions of this chapter are being violated, the director of labor and training shall issue an order to cease and desist from the violation and impose the penalties provided in § 28-26-11 against the violator, against the operator, against the contractor, and against the project developers. A cease-and-desist order may also be issued against the owner of equipment, against the contractor, and against the project developers whenever the chief complains to the director that operating equipment does not meet OSHA standards for construction equipment as contained in 29 C.F.R. Part 1910 and 29 C.F.R. Part 1926.
R.I. Gen. Laws § 28-42-74 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-74
§ 28-42-74. Severability.
Status: in_force

If any provision of chapters 42  44 of this title, or its application to any person or circumstance, 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 § 28-43-34 — RI Code / Title 28 / Chapter 28-43 / Section 28-43-34
§ 28-43-34. Repayment  Federal advances.
Status: in_force

(a) If at any time the amount in the employment security fund exceeds the amount of any outstanding balance of this state due to the federal unemployment account in the unemployment trust fund, the governor may, upon recommendation of the director, in accordance with federal law and regulations in effect, cause to be paid from the employment security fund an amount equal to the outstanding balance to the federal unemployment account.

(b) If on June 30, 1985, or on any subsequent June 30, the amount in the employment security fund exceeds the amount of any outstanding balance of this state due to the federal unemployment account in the unemployment trust fund, the governor shall, in accordance with federal law and regulations then in effect, cause to be paid from the employment security fund an amount equal to the outstanding balance to the federal unemployment account; provided, that the remaining balance in the unemployment security fund after that payment will equal or exceed twenty-five percent (25%) of the amount of benefits estimated by the director to be paid in the next succeeding twelve (12) months.

(c) In any calendar year beginning on or after January 1, 1983, the governor may, upon recommendation of the director, cause to be paid from the employment security fund to the federal unemployment account, any amount or amounts if, in accordance with federal laws and regulations then in effect, the governor deems that payment to be in the best interest of this state.

(d) The governor may delegate his or her authority to make voluntary repayments of Title XII advances from the account of the State of Rhode Island in the unemployment trust fund to the federal unemployment account to the director in accordance with the provisions of Section 1202 of the Social Security Act [42 U.S.C. § 1322]. The director may make voluntary repayments as he or she deems necessary, provided that upon making such a voluntary repayment, the director shall notify the governor, the speaker of the house, the senate president, the chair of the house finance committee, and the chair of the senate finance committee of the action taken.
R.I. Gen. Laws § 28-7-29 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-29
§ 28-7-29. Appeal from decision of board.
Status: in_force

(a) Any person aggrieved by a final decision of the board, or a final order of the board, granting or denying in whole or in part the relief sought may obtain a review of the final decision or final order in the superior court of the county where the unfair labor practice in question was alleged to have been engaged in or where the person resides or transacts business, by filing in the superior court, within thirty (30) days after the final decision or final order is given by the board, a complaint requesting that the final decision or final order of the board be modified or set aside. If that court is on vacation or in recess, then the person may file to the superior court of any county adjoining the county where the unfair labor practice in question occurred or where the person resides or transacts business.

(b) A copy of the petition shall be served upon the board, and thereupon the aggrieved person shall file in the court a transcript of the entire record in the proceeding, certified by the board, including the pleading and testimony and order of the board. Upon the filing, the court shall proceed in the same manner as in the case of an application by the board under §§ 28-7-20  28-7-25, and shall have the same exclusive jurisdiction to grant to the board any temporary relief or restraining order that it deems just and proper, and in like manner to make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the final decision or final order of the board. The findings of the board as to the facts shall be conclusive.
R.I. Gen. Laws § 28-31-1 — RI Code / Title 28 / Chapter 28-31 / Section 28-31-1
§ 28-31-1. Acceptance of provisions by town, city, or regional school district  Employees covered.
Status: in_force

(a)(1) The acceptance of the provisions of chapters 29  38 of this title by a city or town, except for the city of Providence, shall be by vote of the electors of that town qualified to vote on a proposition to impose a tax or for the expenditure of money in town meeting assembled, or by vote of the town council of any town when authorized by their electors to accept the provisions of those chapters in behalf of that town. The acceptance of the provisions of those chapters by a city shall be by vote of the city council of that city.

(2) The acceptance of the provisions of chapters 29  38 of this title by a regional school district shall be by vote of the electors of that school district qualified to vote at financial meetings of that district, or by vote of the regional district school committee when authorized by those electors to accept the provisions of these chapters on behalf of that district.

(3) Electors of a town, or the town council authorized as provided in this section, or electors of a regional district or school committee, or the city council of a city, in accepting the provisions of those chapters in behalf of the town or city or regional school district, shall also designate the class of employees or the nature of the employment to which the provisions of those chapters shall apply.

(b) Upon the passage of any vote of acceptance the town or city clerk or regional committee secretary, as the case may be, shall file a certified copy of that vote with the director, and that filing shall be deemed on the part of that town, city, or regional school district a sufficient compliance with the provisions of § 28-29-8 requiring notice of the election of an employer to become subject to its provisions.

(c) If the vote does not designate the class of employees or the nature of the employment to which the provisions of chapters 29  38 of this title are to apply, then those provisions shall apply to all employees of the town, city, or regional school district in behalf of which the vote is passed, except those employees who are excluded under the definition of employees set forth in § 28-29-2.

(d) The filing of a copy of the vote as provided in this section shall render the town, city, or regional school district in behalf of which that vote is filed subject to the provisions of those chapters in accordance with that vote for the term of one year from the date of that filing, and subsequently for successive terms of one year, unless the vote of acceptance is rescinded by the electors or the town council of the town, the city council of that city, or the school committee, and a certified copy of that rescission shall be filed with the director at least sixty (60) days prior to the expiration of the first of each succeeding year.
R.I. Gen. Laws § 28-50-5 — RI Code / Title 28 / Chapter 28-50 / Section 28-50-5
§ 28-50-5. Reinstatement.
Status: in_force

A court, in rendering a judgment in an action brought under this chapter, shall order, as the court considers appropriate, reinstatement of the employee; the payment of back wages; full reinstatement of fringe benefits and seniority rights; actual damages; or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including attorneys fees if the court determines that the award is appropriate.
R.I. Gen. Laws § 28-33-25 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-25
§ 28-33-25. Settlement for lump sum or structured-type payment.
Status: in_force

(a)(1) The parties may petition the workers compensation court for an order approving a settlement of the future liability for a lump sum or structured-type periodic payment over a period of time.

(2)(i) In considering the petition, a judge shall give due weight to the fact that it is the policy of this chapter that compensation be paid weekly.

(ii) The petition shall be considered by a judge of the court and may be granted where it is shown to the satisfaction of the court that the payment of a lump sum or structured-type payment in lieu of future weekly payments will be in the best interest of all parties including the employee, employer, insurance carrier, and where applicable, the workers compensation administrative fund and the Centers for Medicare and Medicaid Services (CMS) as their interests may appear. Any proposed settlement that exceeds one hundred four (104) weeks of compensation for partial incapacity may be rejected by the chief judge in his or her discretion. The employee shall be entitled to a finding amortizing the net settlement over his or her life expectancy.

(iii) In determining whether the settlement is in the best interest of all parties, the judge may refer the employee for a rehabilitation evaluation pursuant to the provisions of § 28-33-41.

(3) Upon payment, the employer and insurer shall be entitled to a duly executed release that fully and finally absolves and discharges the employer and insurer from any and all liability arising out of the injury.

(b) The provisions of this section shall be strictly construed and all hearings for commutation shall be conducted in open session.

(c) No case may be settled to a lump sum or structured-type periodic payment while the Rhode Island temporary disability insurance fund and/or department of human services has a claim for payments made under chapter 41 of this title unless agreement is made to pay any claim from the lump sum or structured-type periodic payments.

(d) Attorneys fees shall be fixed by the court, but in no event shall any attorneys fee for representing an employee in connection with a petition brought pursuant to this section exceed a sum equal to twenty percent (20%) of the lump sum or twenty percent (20%) of the structured-type periodic payment reduced to present day value.

(e) No case shall be settled for a lump sum or structured-type periodic payment unless it is placed upon the record in open session, that the employer, if insured, has been advised by the insurer or its agent of the potential effect of the settlement on its workers compensation premium, and has the opportunity to appear and state its disapproval of the settlement.

(f) Settlements must be paid within fourteen (14) days of entry of an order to pay or the date(s) upon which payment(s) is/are due pursuant to a court order, and a penalty of one hundred dollars ($100) shall be assessed for every day payment is delinquent.
R.I. Gen. Laws § 28-33-25.1 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-25.1
§ 28-33-25.1. Settlement of disputed cases.
Status: in_force

Notwithstanding the provisions of §§ 28-33-25 and 28-33-26, in cases where liability of the employer for payment of workers compensation benefits has not been finally established, the parties may submit a settlement proposal to the workers compensation court for approval. If, upon consideration, a judge of the workers compensation court deems the settlement proposal to be in the best interest of the parties, including the employee, employer, and the insurance carrier, the judge may approve the settlement. Payment by the employer or insurer shall not be deemed to be the payment of workers compensation benefits, but shall be considered a compromise payment of a disputed claim. The settlement and payment pursuant to it shall not be subject to liens set forth in § 28-33-27(b) and must be paid within fourteen (14) days of entry of an order to pay or the date(s) upon which payment(s) is/are due pursuant to a court order, and a penalty of one hundred dollars ($100) shall be assessed for every day the payment is delinquent. Upon payment, the employer and insurer shall be entitled to a duly executed release that fully and finally absolves and discharges the employer and insurer from any and all liability arising out of the claimed injury.
R.I. Gen. Laws § 28-42-65.1 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-65.1
§ 28-42-65.1. Engaging in business without registration.
Status: in_force

A person who engages in business as an employer in this state without a registration or registrations or after a registration has been suspended or revoked, and each officer of any corporation which so engages in business, shall be guilty of a misdemeanor, and shall for each offense be fined not more than five thousand dollars ($5,000) or be imprisoned for not exceeding one year, or be punished by both the fine and imprisonment. Each day in which that person so engages in business shall constitute a separate offense.
R.I. Gen. Laws § 28-27-15 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-15
§ 28-27-15. Issuance of licensing following examination.
Status: in_force

The director of labor and training shall allow or deny applications for master or contractors or journeypersons license upon the recommendation of the division as soon after the examination as practicable. Each applicant who has successfully passed the examination and has had his or her application allowed shall be issued a certificate of license in the category tested for as a pipefitter or refrigeration/air conditioning or fire protection sprinkler contractor/sprinkler fitter master or journeyperson or sheet metal contractor or journeyperson sheet metal worker by the division on payment of the proper fee.
R.I. Gen. Laws § 28-43-22 — RI Code / Title 28 / Chapter 28-43 / Section 28-43-22
§ 28-43-22. Collection powers  Surety bond to pay.
Status: in_force

(a) The director shall have for the collection of contributions imposed by this chapter all powers as are prescribed for collection of contributions in this title. The director may require any employer subject to the taxes imposed by this chapter to file with the director a bond, issued by a surety company authorized to transact business in this state, in any amount that 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 or that 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 § 28-53-1 — RI Code / Title 28 / Chapter 28-53 / Section 28-53-1
§ 28-53-1. Preamble and legislative findings.
Status: in_force

WHEREAS, The system of workers compensation in the state of Rhode Island was once in a state of acute crisis until legislative intervention and oversight produced what is now a nationally recognized model of a well-managed economical program that provides injured workers with appropriate compensation, health care, and rehabilitative services without unduly burdening employers, insurers, and the citizens of Rhode Island; and

WHEREAS, Legislative and policy changes have corrected the abuses and misuse of the workers compensation system while assisting injured workers, restoring fiscal stability, and eliminating waste and unnecessary costs; and

WHEREAS, Professionals providing services covered under the provisions of the workers compensation act have taken into account, in the performance of their service, the important public policy benefit of a sound and properly functioning workers compensation system in this state, and have tirelessly committed themselves to protect and maintain the integrity of this system; and

WHEREAS, Abuse and misuse of the workers compensation system by noncomplying employers has been reduced through the states mandatory requirement that employers subject to the law either self-insure or maintain a policy of workers compensation insurance to ensure that legitimately injured workers receive all the rights and benefits provided in the workers compensation act; and

WHEREAS, Substantive efforts have already been undertaken by the general assembly, the workers compensation court, and the department of labor and training to eliminate the illegal, irresponsible, and unscrupulous behavior of employers who openly and deliberately operate businesses in Rhode Island without workers compensation insurance for their employees; and

WHEREAS, The actions of noncomplying employers are illegal and deprive not only injured employees of the workers compensation benefits to which they are entitled but also cause greater social and financial costs to all citizens of Rhode Island including employers and healthcare providers who incur uncompensated expenses in treating the victims of the uninsured employer; and

WHEREAS, Additional reform is required to provide payments to employees who are injured while in the service of uninsured employers and to eliminate the flagrant abuse of the system by illegally uninsured employers by requiring them to accept their legal responsibility to pay the appropriate benefits to their insured employees; now, therefore be it

RESOLVED, That it is declared to be the intent of the legislature that an uninsured protection fund be created to ensure that injured workers who are employed by illegally uninsured employers are not deprived of payments. The fund shall have enforcement mechanisms as are necessary to induce illegally uninsured employers to acknowledge their malfeasance, provide legally mandated payments for injured workers; and to assure that all participants in the system recognize their obligation to conduct themselves in a manner consistent with the overall integrity of the compensation system. All amounts owed to the uninsured protection fund from illegally uninsured employers are intended to be excise taxes and as such, all ambiguities and uncertainties are to be resolved in favor of a determination that such assessments are excise taxes.
R.I. Gen. Laws § 28-44-21 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-21
§ 28-44-21. Vacation periods.
Status: in_force

An individual who has established eligibility for benefits by conforming to the provisions of §§ 28-44-12 and 28-44-13 and who is otherwise eligible and who files a claim for waiting period credits or unemployment compensation benefits during a bona fide vacation period as determined by the director shall be ineligible for waiting period credits or benefits, unless he or she can show to the satisfaction of the director:

(1) That he or she did not receive and is not entitled to receive directly or indirectly as an incident to a vacation period any vacation pay, remuneration, or similar payment; or

(2) That the vacation pay, remuneration, or similar payment, that the individual receives or is entitled to receive in connection with that vacation period, is less than his or her weekly benefit rate, in which case that individual shall be entitled to waiting period credits or benefits in the same manner as if he or she were partially employed. For the purpose of ascertaining eligibility under this section, the total sum of the vacation pay or other allowances shall be apportioned to the weeks of unemployment comprising a vacation period, as shall be determined by regulations adopted as prescribed; and

(3) That the vacation period was not the result of an individual request on his or her part for a vacation during a period where there was work for him or her at the establishment at which he or she was customarily employed and at a time when that establishment was not shut down for a vacation period.
R.I. Gen. Laws § 28-15-4 — RI Code / Title 28 / Chapter 28-15 / Section 28-15-4
§ 28-15-4. Copy delivered to assignor.
Status: in_force

No assignment of future earnings or wages shall be valid unless a copy of it is delivered to the assignor at the date of the execution of the assignment.
R.I. Gen. Laws § 28-45-15 — RI Code / Title 28 / Chapter 28-45 / Section 28-45-15
§ 28-45-15. Deregistration of program.
Status: in_force

(a) Deregistration of a program may be effected upon the voluntary action of the sponsor by a request for cancellation of the registration, or upon reasonable cause, by the department of labor and training instituting formal deregistration proceedings in accordance with provisions of 29 C.F.R. § 29.8.

(b) The department of labor and training may cancel the registration of an apprenticeship program by written acknowledgment of such request stating the following:

(1) The registration is canceled at the sponsors request, and the effective date thereof;

(2) That, within fifteen (15) days of the date of the acknowledgment, the sponsor shall notify all apprentices of the cancellation and the effective date; that the cancellation automatically deprives the apprentice of his/her individual registration; and that the deregistration of the program removes the apprentice from coverage for federal purposes that require the Secretary of the United States Department of Labors approval of an apprenticeship program.

(c) The department of labor and training shall conduct formal deregistration proceedings as follows:

(1) Deregistration proceedings may be undertaken when the apprenticeship program is not conducted, operated, and administered in accordance with the registered provisions or the requirements of this chapter, except that deregistration proceedings for violation of equal opportunity requirements shall be processed in accordance with the provisions under 29 C.F.R. Part 30, as amended.

(2) Where it appears the program is not being operated in accordance with the registered standards or with the requirements of this chapter, the department of labor and training shall so notify the program sponsor in writing.

(3) Notice to the sponsor must contain the following elements:

(i) Be sent by registered or certified mail, with return receipt requested;

(ii) State the shortcoming(s) and the remedy required; and

(iii) State that a determination of reasonable cause for deregistration will be made unless corrective action is effected within thirty (30) days.

(4) Upon request by the sponsor for good cause, the thirty-day (30) term may be extended for another thirty (30) days. During the period for correction, the sponsor shall be assisted in every reasonable way to achieve conformity.

(5) If the required correction is not effected within the allotted time, the department of labor and training shall send a notice to the sponsor, by registered or certified mail, return receipt requested, stating the following:

(i) The notice is sent pursuant to this subsection;

(ii) Certain deficiencies (stating them) were called to the sponsors attention and remedial measures requested, with dates of such occasions and letters, and that the sponsor has failed or refused to effect correction;

(iii) Based upon the stated deficiencies and failure of remedy, a determination of reasonable cause has been made and the program may be deregistered unless, within fifteen (15) days of the receipt of this notice, the sponsor requests a hearing;

(iv) If a request for a hearing is not made, the entire matter may be decided by the department of labor and training.

(6) If the sponsor requests a hearing, the department of labor and training shall transmit to the United States Department of Labor, administrator, office of apprenticeship, a report containing all pertinent facts and circumstances concerning the nonconformity, including the findings and recommendation for deregistration, and copies of all relevant documents and records. Statements concerning interviews, meetings, and conferences shall include the time, date, place, and persons present. The administrator shall make a final order on the basis of the record before him or her. The administrator will refer the matter to the office of administrative law judges. An administrative law judge will convene a hearing in accordance with 29 C.F.R. § 29.10, and issue a decision as required in 29 C.F.R. § 29.10(c).

(7) At his or her discretion, the secretary may allow the sponsor a reasonable time to achieve voluntary corrective action. If the secretarys decision is that the apprenticeship program is not operating in accordance with the registered provisions or requirements of this part, the apprenticeship program shall be deregistered. In each case in which reregistration is ordered, the secretary shall make public notice of the order and shall notify the sponsor.

(8) Every order of deregistration shall contain a provision that the sponsor shall, within fifteen (15) days of the effective date of the order, notify all registered apprentices of the deregistration apprentice or his/her individual registration; and that the deregistration removes the apprentice from coverage for federal purposes that require the secretary of labors approval of an apprenticeship program.

(9) Any apprenticeship program deregistered pursuant to this part may be reinstated upon presentation of adequate evidence that the apprenticeship program is operating in accordance with this part. This evidence shall be presented to the administrator, office of apprenticeship, if the sponsor had not requested a hearing, or to the secretary, if an order of deregistration was entered pursuant to a hearing.

(10) Within ten (10) days of his/her receipt of a request for a hearing, the administrator of apprenticeship must contact the department of labors office of administrative law judges to request a designation of an administrative law judge to preside over the hearing. The administrative law judge shall give reasonable notice of such hearing by registered mail, return receipt requested, to the appropriate sponsor. Such notice shall include:

(i) A reasonable time and place of hearing;

(ii) A statement of the provisions of this part pursuant to which the hearing is to be held; and

(iii) A concise statement of the matters pursuant to which the action forming the basis of the hearing is proposed to be taken.

(11) The administrative law judge shall regulate the course of the hearing. Hearings shall be informally conducted. Every party shall have the right to counsel, and a fair opportunity to present his/her case, including such cross-examination as may be appropriate in the circumstances. Administrative law judges shall make their proposed findings and recommended decisions to the secretary upon the basis of the record before him or her.
R.I. Gen. Laws § 28-34-5 — RI Code / Title 28 / Chapter 28-34 / Section 28-34-5
§ 28-34-5. Examination and report by physician.
Status: in_force

The court may appoint one or more impartial physicians whose duty it shall be to examine any claimant under this chapter and to make a report in any form that the court may require.
R.I. Gen. Laws § 28-45-9 — RI Code / Title 28 / Chapter 28-45 / Section 28-45-9
§ 28-45-9. Standards of apprenticeship programs.
Status: in_force

An apprenticeship program, to be eligible for approval and registration with the department of labor and training, shall conform to regulations issued by the department of labor and training and 29 C.F.R. Part 29 and 29 C.F.R. Part 30 and shall conform to the following standards:

(1) The program is an organized, written plan embodying the terms and conditions of employment, training, and supervision of one or more apprentices in the apprenticeable occupation, as defined in this chapter and subscribed to by a sponsor who has undertaken to carry out the apprentice training program.

(2) The program standards contain the equal opportunity pledge prescribed in 29 C.F.R § 30.3(c) and, when applicable, an affirmative action plan in accordance with 29 C.F.R. § 30.4, a selection method authorized in 29 C.F.R § 30.10, or similar requirements expressed in a state plan for equal employment opportunity in apprenticeship adopted pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor, and provisions concerning the following:

(i) The employment and training of the apprentice in a skilled occupation;

(ii) A term of apprenticeship not less than two thousand (2,000) hours of work experience, consistent with training requirements as established by industry practice, which for an individual apprentice may be measured either through the completion of the industry standard for on-the-job learning (at least two thousand (2,000) hours) (time-based approach), the attainment of competency (competency-based approach), or a blend of the time-based and competency-based approaches (hybrid approach):

(A) The time-based approach measures skill acquisition through the individual apprentices completion of at least two thousand (2,000) hours of on-the-job learning as described in a work process schedule;

(B) The competency-based approach measures skill acquisition through the individual apprentices successful demonstration of acquired skills and knowledge, as verified by the program sponsor. Programs utilizing this approach must still require apprentices to complete an on-the-job learning component of registered apprenticeship. The program standards must address how on-the-job learning will be integrated into the program, describe competencies, and identify an appropriate means of testing and evaluation for such competencies;

(C) The hybrid approach measures the individual apprentices skill acquisition through a combination of specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule; and

(D) The determination of the appropriate approach for the program standards is made by the program sponsor, subject to approval by the registration agency of the determination as appropriate to the apprenticeable occupation for which the program standards are registered;

(iii) An outline of the work processes in which the apprentice will receive supervised work experience and training on the job, and the allocation of the approximate time to be spent in each major process;

(iv) Provision for organized, related, and supplemental instruction in technical subjects related to the trade. A minimum of one hundred forty-four (144) hours for each year of apprenticeship is recommended. This instruction in technical subjects may be accomplished through media, such as classroom, occupational or industry courses, electronic media, or other instruction approved by the department of labor and training; every apprenticeship instructor must:

(A) Meet the Rhode Island department of elementary and secondary education requirements for a vocational-technical instructor, or be a subject matter expert, which is an individual, such as a journey worker, who is recognized within an industry as having expertise in a specific occupation; and

(B) Have training in teaching techniques and adult learning styles, which may occur before or after the apprenticeship instructor has started to provide the related technical instruction;

(v) A statement of the progressively increasing scale of wages to be paid the apprentice consistent with the skill acquired, the entry wage to be not less than the minimum wage prescribed by the federal and state labor standards act, where applicable, unless a higher wage is required by other applicable federal law, state law, respective regulations, or by collective bargaining agreement;

(vi) A provision for periodic review and evaluation of the apprentices progress in job performance and related instruction, and the maintenance of appropriate progress records;

(vii) The numeric ratio of apprentices to journeypersons consistent with proper supervision, training, safety, and continuity of employment, and applicable provisions in collective bargaining agreements, except where the ratios are expressly prohibited by the collective bargaining agreement. The ratio language shall be specific and clear as to application in terms of jobsite, work force, department, or plant;

(viii) A probationary period reasonable in relation to the full apprenticeship term, with full credit given for the period toward completion of apprenticeship; the probationary period shall not exceed twenty-five percent (25%) of the length of the program or one year, whichever is shorter;

(ix) Adequate and safe equipment and facilities for training and supervision, and safety training for apprentices on the job and in related instruction;

(x) The minimum qualifications required by a sponsor for persons entering the apprenticeship program, with an eligible starting age not less than sixteen (16) years;

(xi) The placement of an apprentice under a written apprenticeship agreement that conforms to the requirements of this chapter. The agreement shall directly, or by reference, incorporate the standards of the program as part of the agreement;

(xii) The granting of advanced standing or credit for demonstrated competency, previously acquired experience, training, or skills for all applicants equally, with commensurate wages for any progression step so granted;

(xiii) The transfer of an apprentice between apprenticeship programs and within an apprenticeship program must be based on agreement between the apprentice and the affected apprenticeship committees or program sponsors, and must comply with the following requirements:

(A) The transferring apprentice must be provided a transcript of related instruction and on-the-job learning by the committee or program sponsor;

(B) Transfer must be to the same occupation; and

(C) A new apprenticeship agreement must be executed when the transfer occurs between program sponsors;

(xiv) Assurance of qualified training personnel and adequate supervision on the job;

(xv) Recognition for successful completion of apprenticeship evidenced by an appropriate certificate issued by the department of labor and training;

(xvi) Program standards that utilize the competency-based or hybrid approach for progression through an apprenticeship and that choose to issue interim credentials must clearly identify the interim credentials; demonstrate how these credentials link to the components of the apprenticeable occupation; and establish the process for assessing an individual apprentices demonstration of competency associated with the particular interim credential; further, interim credentials must only be issued for recognized components of an apprenticeable occupation, thereby linking interim credentials specifically to the knowledge, skills, and abilities associated with those components of the apprenticeable occupation;

(xvii) Identification of the department of labor and training as the registration agency;

(xviii) Provision for the registration, cancellation, and deregistration of the program, and requirement for the prompt submission of any modification or amendment to the department of labor and training for approval;

(xix) Provision for registration of apprenticeship agreements, modifications, and amendments; notice to the department of labor and training of persons who have successfully completed apprenticeship programs; and notice of transfers, cancellations, suspensions, and terminations of apprenticeship agreements and a statement of the reasons therefor;

(xx) Authority for the cancellation of an apprenticeship agreement during the probationary period by either party without stated cause. Cancellation during the probationary period will not have an adverse impact on the sponsors completion rate;

(xxi) Compliance with 29 C.F.R. Part 30, including the equal opportunity pledge prescribed in 29 C.F.R. § 30.3(c); an affirmative action plan complying with 29 C.F.R. § 30.4; and a method for the selection of apprentices authorized by 29 C.F.R § 30.10, or compliance with parallel requirements contained in a state plan for equal opportunity in apprenticeship adopted under 29 C.F.R. Part 30 and approved by the department. The apprenticeship standards must also include a statement that the program will be conducted, operated, and administered in conformity with applicable provisions of 29 C.F.R. Part 30, as amended, or if applicable, an approved state plan for equal opportunity in apprenticeship;

(xxii) Name and address, telephone number, and e-mail address (if applicable) of the appropriate authority under the program to receive, process, and make disposition of complaints;

(xxiii) Recording and maintenance of all records concerning apprenticeship as may be required by the office of apprenticeship or the department of labor and training and other applicable law.
R.I. Gen. Laws § 28-42-6.1 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-6.1
§ 28-42-6.1. Service by U.S. citizens performed outside United States for American employer.
Status: in_force

(a) The services of an individual, who is a citizen of the United States, performed outside the United States (except in Canada) after December 31, 1971, or after December 31, 1977, in the case of the Virgin Islands, in the employ of an American employer (other than service that is deemed employment under §§ 28-42-4  28-42-6, or the parallel provisions of another states law) shall be deemed to be employment subject to chapters 42  44 if:

(1) The employers principal place of business in the United States is located in this state;

(2) The employer has no place of business in the United States, but the employer is:

(i) An individual who is a resident of this state;

(ii) A corporation which is organized under the laws of this state; or

(iii) A partnership or a trust and the number of the partners or trustees who are residents of this state is greater than the number who are residents of any one other state; or

(3) None of the criteria of subsections (a)(1) and (a)(2) is met, but the employer has elected coverage in this state, or the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on that service, under the law of this state.

(b) An American employer, for the purposes of this section, means a person who is:

(1) An individual who is a resident of the United States;

(2) A partnership if two-thirds ( ) or more of the partners are residents of the United States;

(3) A trust, if all of the trustees are residents of the United States; or

(4) A corporation organized under the laws of the United States or of any state.

(c) United States, for the purposes of this section, includes the states, the District of Columbia, the commonwealth of Puerto Rico, and the Virgin Islands.
R.I. Gen. Laws § 28-27-19 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-19
§ 28-27-19. License displayed in place of business.
Status: in_force

In every place in this state within and from which a pipefitter or refrigeration/air conditioning or fire protection sprinkler systems or air distribution business is conducted as specified for a pipefitter or refrigeration/air conditioning or fire protection sprinkler contractor/sprinkler fitter master or sheet metal contractor there shall be at all times a certificate of license as provided in this chapter. The certificate shall contain the name, address, social security number, state license number, classification, and limitations, if any, on the license. All vehicles used in those businesses shall be identified as being regulated by the bureau and will display with no less than three-inch (3) lettering, the contractors category, license number, and company name.
R.I. Gen. Laws § 28-35-42 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-42
§ 28-35-42. Penalty for delinquency in payment.
Status: in_force

If any payment of compensation is not paid within fourteen (14) days after it becomes due, there shall be added to that unpaid payment an amount equal to ten percent (10%) of it, which shall be paid at the same time as, but in addition to, that payment, unless the nonpayment is excused by the workers compensation court after a showing by the employer or the employers insurer that, owing to conditions over which he or she had no control, the payment could not be paid within the period prescribed for the payment. However, if within one year next preceding the due date of any payment that is not paid within fourteen (14) days after it becomes due, two (2) or more payments payable under the terms of the agreement have not been paid within fourteen (14) days after those payments have become due, it shall be conclusively presumed that the failure of the employer to make the instant payment was owing to conditions over which the employer had control.
R.I. Gen. Laws § 28-43-15 — RI Code / Title 28 / Chapter 28-43 / Section 28-43-15
§ 28-43-15. Interest on delinquent payments.
Status: in_force

Employers who or that fail to make payment of contributions as required by chapters 42  44 of this title or by the regulations adopted as prescribed shall be liable to the employment security interest fund for interest on the outstanding balance of those delinquent payments at the rate of one and one half percent (1.5%) per month from the date the payment became due until paid.
R.I. Gen. Laws § 28-42-62.1 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-62.1
§ 28-42-62.1. Fraud and abuse.
Status: in_force

(a)(1) It shall be unlawful to do any of the following:

(i) Make or cause to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining or denying any benefits;

(ii) Present, or cause to be presented, any knowingly false or fraudulent written or oral material statement in support of, or in opposition to, any claim for benefits or petition regarding the continuation, termination, or modification of benefits;

(iii) Knowingly assist, aid and abet, solicit, or conspire with any person who engages in an unlawful act under this section;

(iv) Willfully misrepresent or fail to disclose any material fact in order to avoid or reduce any contribution or other payment required of an employing unit under chapters 42  44 of this title;

(v) Willfully fail to report or provide false or misleading information regarding ownership changes as required by regulations promulgated by the department; or

(vi) Willfully make or require any deduction from wages to pay all, or any portion of, the contributions required from employers, or try to induce any individual to waive any right under chapters 42  44 of this title.

(2) For purposes of this section, statement includes, but is not limited to, the receipt of unemployment benefits deposited to a direct deposit account or electronic payment card, any endorsement of a benefit check, application for registration, oral or written statement or report, proof of unemployment, or other documentation offered as proof of, or the absence of, entitlement to benefits or the amount of benefits.

(3) If it is determined that any person concealed or knowingly failed to disclose that which is required by law to be revealed; knowingly gave or used perjured testimony or false evidence; knowingly made a false statement of fact; participated in the creation or presentation of evidence that he or she knows to be false; or otherwise engaged in conduct in violation of this section, that person shall be guilty of a misdemeanor and subject in criminal proceedings to a fine and/or penalty not exceeding one thousand dollars ($1,000), or double the value of the fraud, whichever is greater, or by imprisonment up to one year in state prison, or both.

(4) 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.

(b) The director, in consultation with the attorney general, shall establish a form to give notice that the endorsement of a benefit check sent or the receipt of unemployment benefits deposited to a direct deposit account or electronic payment card pursuant to chapter 44 of this title is the endorsers affirmation that he or she is qualified to receive benefits under the employment security act. The notice shall be sent to all individuals who are presently receiving benefits and given to those who file claims for benefits in the future.
R.I. Gen. Laws § 28-21-21 — RI Code / Title 28 / Chapter 28-21 / Section 28-21-21
§ 28-21-21. Permanent commission on hazardous substances in the workplace.
Status: in_force

(a) There is created a permanent commission on hazardous substances in the workplace whose purpose it shall be to oversee and study the implementation of this chapter and to advise the general assembly with respect to methods of improving the purpose of this chapter. The commission shall annually submit its report to the general assembly not later than January 15 of each year.

(b) The commission shall consist of seventeen (17) members, three (3) of whom shall be from the house of representatives, not more than two (2) of whom shall be from the same political party, to be appointed by the speaker to serve for their legislative term; two (2) of whom shall be from the senate, one from each political party, to be appointed by the president of the senate to serve for his or her legislative term; two (2) representatives of labor, two (2) representatives of business, one member from the department of health, one member from the department of labor and training; four (4) members from the public, one member from the medical profession, and one member from the jewelry industry, all of whom shall be appointed by the speaker, to serve for terms of three (3) years.

(c) During the month of February every year, the speaker shall appoint a member to succeed the members whose term will then next expire, to serve for a term of three (3) years commencing on the first day of March then next following, and until his or her successor is appointed and qualified.

(d) A member shall be eligible to succeed himself or herself.

(e) A vacancy, other than by expiration, shall be filled in like manner as an original appointment, but only for the unexpired portion of the term.

(f) The speaker shall select a chairperson from among the membership of the commission to serve at the pleasure of the speaker.

(g) The membership of the commission shall receive no compensation for their services.

(h) All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to the commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this section.

(i) The speaker of the house is authorized and directed to provide suitable quarters for the commission.
R.I. Gen. Laws § 28-31-13 — RI Code / Title 28 / Chapter 28-31 / Section 28-31-13
§ 28-31-13. Computation of wages of disaster response worker.
Status: in_force

If the hourly wages cannot be ascertained, or if no pay has been designated for the required work, the wage for the purpose of calculating compensation under § 28-31-12 shall be taken to be a sum sufficient to guarantee the minimum payments under chapters 29  38 of this title.
R.I. Gen. Laws § 28-35-62 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-62
§ 28-35-62. Reproduction of documents.
Status: in_force

(a) Reproduction of documents, papers, or records docketed, filed, or in the custody of the department by photograph, photocopy, photostat, or similar process shall in all respects and for all purposes be equivalent to and have the same effect and force as the documents, papers, or records docketed, filed, or in the custody of the department.

(b) A reasonable charge may be collected for reproductions and certification.
R.I. Gen. Laws § 28-27-25 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-25
§ 28-27-25. Judicial review of proceedings.
Status: in_force

The superior court of the county where the licensee and/or violator so charged resided shall have the power to review the entire proceedings of any hearing had before the director and to review any order dismissing a complaint or revocation of a license and all questions of law presented by the record provided an appeal is filed pursuant to chapter 35 of title 42.
R.I. Gen. Laws § 28-48-8 — RI Code / Title 28 / Chapter 28-48 / Section 28-48-8
§ 28-48-8. Civil penalty for violations.
Status: in_force

Any employer who or that violates any provision of this chapter or of any order issued pursuant to § 28-48-7 shall be subject to a civil penalty of not more than one thousand dollars ($1,000). In the case of a continuing violation, each days continuance shall be deemed a separate and distinct offense.
R.I. Gen. Laws § 28-44-24 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-24
§ 28-44-24. Disqualification for fraud.
Status: in_force

(a) An individual who has been convicted by a court of competent jurisdiction of knowingly or fraudulently making a false statement, or knowingly or fraudulently misrepresenting a material fact, with intent to defraud the employment security fund of any benefit or to wrongfully obtain or increase any benefit, either for himself or herself or for any other person, whether under chapters 42  44 of this title or under an employment security law of any other state, of the federal government, or of a foreign government, in regard to which this state acted as agent pursuant to an agreement authorized by chapters 42  44 of this title, shall be disqualified from receiving benefits for a period of one year following that conviction.

(b) This disqualification shall be imposed by the director and shall be in addition to any criminal penalty which may be imposed under any other provision in chapters 42  44 of this title.
R.I. Gen. Laws § 28-33-45 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-45
§ 28-33-45. Coordination of benefits  Retirement benefits.
Status: in_force

(a) The department of labor and training shall immediately promulgate rules and regulations concerning the offset of workers compensation benefits and retirement benefits. It is the intention of the general assembly that at retirement a person receiving benefits under chapters 29  38 of this title shall receive compensation and retirement benefits in a sum equal to the greater of the compensation or retirement benefits for which that person was otherwise eligible, however, not including retirement benefits to the extent derived exclusively from employee contributions.

(b) The offset provided for pursuant to this section shall not be applicable to those collecting retirement benefits while collecting compensation benefits for an injury sustained before the age of fifty-five (55) years and more than five (5) years prior to the date of retirement.

(c) An employee shall not collect any indemnity benefits after his or her retirement for any injury sustained less than two (2) years prior to his or her retirement.
R.I. Gen. Laws § 28-40-3.2 — RI Code / Title 28 / Chapter 28-40 / Section 28-40-3.2
§ 28-40-3.2. Notice to segregate trust funds.
Status: in_force

If the director believes that the payment to the state of the trust fund established under § 28-40-3.1 will be jeopardized by delay, neglect, or misappropriation, he or she shall then notify the employer that the trust fund shall be segregated, and be kept separate and apart from all other funds and assets of the employer and shall not be commingled with any other funds or assets. That notice shall be given by either hand delivery or by registered mail, return receipt requested. Within four (4) days after the sending of that notice, all taxes that subsequently either become collectible or are collected shall be deposited weekly in any financial institution in the state and those contributions shall be designated as a special fund in trust for the state and payable to the state by the employer as trustee of that fund.
R.I. Gen. Laws § 28-42-11 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-11
§ 28-42-11. Employees of agents and contractors of employing units.
Status: in_force

(a) Whenever any employing unit contracts with or has under it any contractor or subcontractor for any work that is part of its usual trade, occupation, profession, or business, unless the employing unit, as well as each contractor or subcontractor, is an employer by reason of § 28-42-3(16), the employing unit shall for all the purposes of chapters 42  44 of this title be deemed to employ each individual in the employ of each contractor or subcontractor for each day during which that individual is engaged in performing that work; except that each contractor who is an employer by reason of § 28-42-3(16) shall alone be liable for contributions measured by wages paid to individuals in his or her employ, and except that any employing unit who or that becomes liable for and pays contributions with respect to individuals in the employ of any contractor or subcontractor who or that is not an employer by reason of § 28-42-3(16), may recover the contributions from that contractor or subcontractor.

(b) Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by that employing unit for all the purposes of chapters 42  44 of this title, whether that individual was hired or paid directly by that employing unit or by that agent or employee, provided the employing unit had actual or constructive knowledge of the work.
R.I. Gen. Laws § 28-33-6 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-6
§ 28-33-6. Failure to provide or accept medical services.
Status: in_force

In the case of the employers neglect or refusal reasonably to do so, the employer shall be liable for the reasonable expense incurred by or on behalf of the employee in providing treatment, and the refusal of the employee to accept treatment reasonably required to lessen or terminate his or her incapacity shall bar the employee from receiving compensation during the period of refusal.
R.I. Gen. Laws § 28-35-28 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-28
§ 28-35-28. Appeal to appellate division.
Status: in_force

(a)(1) Any person aggrieved by the entry of a decree by a trial judge may appeal to the appellate division established pursuant to this section by filing with the court within five (5) days of the date of the entry of a decree, exclusive of Saturdays, Sundays, and holidays, a claim of appeal and, subject to the rules of practice of the court, by filing a request for a transcript of the testimony and ruling or any part thereof desired.

(2) Upon a showing of excusable neglect, the trial judge who entered the decree may extend the time for filing the claim of appeal by any party, for a period not to exceed thirty (30) days from the expiration of the original time prescribed by this section. The request for extension shall be made by motion directed to the trial judge with such notice as the court shall deem appropriate. Such an extension may be granted, before or after the time otherwise prescribed by this section.

(3) Within any time that a judge shall fix, either by an original fixing or otherwise, the appellant shall file with the court reasons of appeal stating specifically all matters determined adversely to the appellant that the appellant desires to appeal, together with so much of the transcript of testimony and rulings as the appellant deems pertinent, and within ten (10) days after that the parties may file with the court those briefs and memoranda that they may desire concerning the appeal.

(4)(A) The chief judge shall appoint appellate panels of three (3) members of the court to hear any claim of appeal and the decision of the appellate panel shall be binding on the court.

(B) The three (3) members of the appellate panel shall immediately review the decree upon the record of the case and shall file a decision pursuant to the law and the fair preponderance of the evidence within ten (10) days of the expiration of the time within which the parties may file briefs and memoranda. Upon consideration of the appeal, the appellate panel shall affirm, reverse, or modify the decree appealed from, and may itself take any further proceedings that are just, or may remand the matter to the trial judge for further consideration of any factual issue that the appellate division may raise, including the taking of additional evidence or testimony by the trial judge. It shall be within the prerogative of the appellate panel to remand a matter to the trial judge.

(C) If the decision requires the entry of a new decree, notice shall be given the parties, and the new decree shall be entered in the same manner as the original decree, but if the decision of two (2) appellate panel judges does not require the entry of a new decree, the decree shall be affirmed.

(5) Any member of the appellate panel may, for cause, disqualify himself or herself from hearing any appeal that may come before the appellate panel.

(b) The findings of the trial judge on factual matters shall be final unless an appellate panel finds them to be clearly erroneous. The court may award costs, including reasonable attorneys fees, to the prevailing party when the appellate panel finds there was complete absence of a justiciable issue of either law or fact.
R.I. Gen. Laws § 28-45-16 — RI Code / Title 28 / Chapter 28-45 / Section 28-45-16
§ 28-45-16. Reciprocity.
Status: in_force

(a) When a sponsor of a registered apprenticeship program in a neighboring state requests reciprocal recognition from the department of labor and training to train apprentices for work projects in this state, the sponsor shall be granted recognition, providing the sponsor conforms with the regulations and standards of the state of Rhode Island for the occupation.

(b) [Deleted by P.L. 2024, ch. 330, § 9 and P.L. 2024, ch. 331, § 9.]

(c) The department of labor and training shall have the authority to expand or limit the number of states that are subject to the provisions of subsection (a) by regulation through the promulgation of rules and regulations.

(d) The department of labor and training shall accord reciprocal approval for federal purposes to apprentices, apprenticeship programs, and standards that are registered by another registration agency as defined in 29 C.F.R. § 29.2 or a registration agency recognized by the United States Department of Labor if the reciprocity is requested by the apprenticeship program sponsor. Program sponsors seeking reciprocal approval must meet Rhode Island wage and hour provisions and apprentice ratio standards.
R.I. Gen. Laws § 28-33-13 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-13
§ 28-33-13. Persons presumed wholly dependent.
Status: in_force

The following persons shall be conclusively presumed to be wholly dependent for support upon a deceased employee:

(1) A spouse either residing with the deceased employee or living apart from the deceased employee for justifiable cause, or a spouse who had been deserted or was dependent on the deceased employee, at the time of the employees death. The findings of the workers compensation court upon the questions of justifiable cause and desertion shall be final for the purposes of this chapter.

(2) A child or children, including adopted and stepchildren, under the age of eighteen (18) years, or over that age but physically or mentally incapacitated from earning, upon the parent with whom the child is or children are living or upon whom the child is or children are dependent at the time of the death of that parent, there being no surviving dependent parent. In case there is more than one child who is dependent, the compensation hereunder shall be equally divided among them.
R.I. Gen. Laws § 28-48-2 — RI Code / Title 28 / Chapter 28-48 / Section 28-48-2
§ 28-48-2. Parental leave and family leave requirement.
Status: in_force

(a) Every employee who has been employed by the same employer for twelve (12) consecutive months shall be entitled, upon advance notice to his or her employer, to thirteen (13) consecutive workweeks of parental leave or family leave in any two (2) calendar years. The employee shall give at least thirty (30) days notice of the intended date upon which parental leave or family leave shall commence and terminate, unless prevented by medical emergency from giving the notice. The director shall promulgate regulations governing the form and content of the employees notice to the employer.

(b) Parental leave or family leave granted pursuant to this chapter may consist of unpaid leave. If an employer provides paid parental leave or family leave for fewer than thirteen (13) weeks, the additional weeks of leave added to attain the total of thirteen (13) weeks required by subsection (a) may be unpaid.

(c) The employer may request that the employee provide the employer with written certification from a physician caring for the person who is the reason for the employees leave, which certification shall specify the probable duration of the employees leave.
R.I. Gen. Laws § 28-50-2 — RI Code / Title 28 / Chapter 28-50 / Section 28-50-2
§ 28-50-2. Definitions.
Status: in_force

As used in this chapter:

(1) Employee means a person employed by any employer, and shall include, but not be limited to: at-will employees, contract employees, applicants, prospective employees, and independent contractors.

(2) Employer means any person, partnership, association, sole proprietorship, corporation, or other business entity, including any department, agency, commission, committee, board, council, bureau, or authority or any subdivision thereof in state or municipal government. One shall employ another if services are performed for wages or under any contract of hire, written or oral, express or implied.

(3) Person means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity.

(4) Public body means all of the following:

(i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government;

(ii) An agency, board, commission, council, member, or employee of the legislative branch of state government;

(iii) A county, city, town, or regional governing body, a council, school district, or a board, department, commission, agency, or any member or employee of the entity;

(iv) Any other body that is created by state or local authority or that is primarily funded by or through state or local authority, or any member or employee of that body;

(v) A law enforcement agency or any member or employee of a law enforcement agency;

(vi) The judiciary and any member or employee of the judiciary;

(vii) Any federal agency.

(5) Supervisor means any individual to whom an employer has given the authority to direct and control the work performance of the affected employee or any individual who has the authority to take corrective action regarding the violation of a law, rule, or regulation about which the employee complains.
R.I. Gen. Laws § 28-5-4 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-4
§ 28-5-4. Exercise of police power.
Status: in_force

This chapter shall be deemed an exercise of the police power of the state for the protection of the public welfare, prosperity, health, and peace of the people of the state.
R.I. Gen. Laws § 28-35-12 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-12
§ 28-35-12. Petition for determination of controversy  Contents and filing.
Status: in_force

(a) In all disputes between an employer and employee in regard to compensation or any other obligation established under chapters 29  38 of this title, and when death has resulted from the injury and the dependents of the deceased employee entitled to compensation are, or its apportionment among them is, in dispute, any person in interest, or his or her duly authorized representative, may file with the workers compensation court a petition, prescribed by the court, setting forth the names and residences of the parties; the facts relating to employment at the time of injury; the cause, extent, and character of the injury; the amount of wages, earnings, or salary received at the time of the injury; and the knowledge of the employer of notice of the occurrence of the injury; and any other facts that may be necessary and proper for the information of the court; and shall state the matter in dispute and the claims of the petitioner with reference to it; provided, that no petition shall be filed within twenty-one (21) days of the date of the injury and no petition regarding any other obligation established under chapters 29  38 of this title shall be filed until twenty-one (21) days after written demand for payment upon the employer or insurer or written notice to the employer or insurer of failure to fulfill the obligation, except that any petition alleging the nonpayment or late payment of weekly compensation benefits, attorneys fees, and costs, may be filed after fourteen (14) days from the date the payment is due as set forth in §§ 28-35-42, 28-35-43, and 28-35-20(c). All demands seeking payment of bills for medical services rendered shall include reference to a claim number or a legible copy of the agreement, order, and/or decree, if appropriate, establishing liability. Medical bills for services ordered paid by decree or pretrial order shall be paid within fourteen (14) days of the entry of the decree or order. In the event that the bills are not paid within the fourteen-day (14) period, a petition may be filed to enforce said order or decree without any additional written notice to the employer or insurer.

(b)(1) If one or more claims are filed for an injury and there are two (2) or more insurers, any one of which may be held to be liable to pay compensation, and the judge determines that the injured employee would be entitled to receive compensation but for the existence of a controversy as to which one of the insurers is liable to pay compensation, one of the insurers shall be selected by a judge of the workers compensation court to pay to the injured employee the compensation, pending a final decision of the workers compensation court as to the matter in controversy, and that decision shall require that the amount of compensation paid shall be deducted from the award if made against another insurer and shall be paid by that other insurer to the insurer selected by the judge.

(2) The workers compensation court shall award compensation, costs, and attorneys fees in its discretion if one of the insurers is held to be liable following the hearing.

(3) In the event multiple attorneys have provided representation to an employee, in connection with an injury claim and an attorneys lien has been filed with the court or the insurance carrier, and there is a dispute between the attorneys over the equitable division of any legal fee, awarded by the court for legal services rendered on behalf of the employee; the court, upon petition by any of the aggrieved attorneys, shall assign the legal fee dispute to the workers compensation courts mediation program, in accordance with the rules and procedures established by the court. The employer or its insurer or its claim administrator shall not be joined as a party to the petition. In the event the dispute is not resolved in mediation, the mediator shall report to the chief judge of the court that the dispute has not resolved and the petition shall be dismissed, with no further action by the court. Nothing herein shall preclude any party or attorney from pursuing any action otherwise available.

(c) If any determination of the workers compensation court entitles an employee to retroactive payment of weekly benefits, the court shall award to the employee interest at the rate per annum provided in § 9-21-10 on that retroactive weekly payment from six (6) months subsequent to the date that the employee first filed a petition for benefits to the time when that retroactive payment is actually made. If the proceedings are unduly delayed by or at the request of the employee or his or her attorney, the judge may reduce or eliminate interest on retroactive payment; provided, that the provisions of this section as they relate to interest shall apply only to petitions filed on or after July 1, 1984.

(d) Any fine, penalty, or interest expense incurred by an insurer under this section may not be used as an expense for the purpose of seeking a rate increase before the department of business regulation.
R.I. Gen. Laws § 28-18-2 — RI Code / Title 28 / Chapter 28-18 / Section 28-18-2
§ 28-18-2. Definitions.
Status: in_force

The following terms as used in this chapter have the following meanings:

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

(2) Employer means any person who either directly or through an employee, agent, subcontractor, independent contractor, or any other person delivers, distributes, supplies, or furnishes, or causes to be delivered, distributed, supplied, or furnished, to another person any materials to be processed in a home, including the home of the employer, and that are subsequently to be returned to him or her or to some person acting on his or her behalf, not for the personal use of himself or herself or of a member of his or her family.

(3) Home means any dwelling house, tenement house, rooming house, apartment house, or other residential building or any part of these.

(4) Industrial homework means the processing in a home, including the home of the employer in whole or in part, of material furnished by an employer of any article or articles to be returned to the employer.

(5) Industrial homeworker means any person who processes in a home, in whole or in part, out of material furnished by an employer for industrial homework any article or articles to be returned to the employer directly or indirectly.

(6) Person means an individual, corporation, partnership, association, firm, trustee, receiver, and assignee for the benefit of creditors or corporations, except charitable organizations.

(7) Processing means manufacturing, finishing, repairing, preparing, altering, packing, wrapping, or handling any material.
R.I. Gen. Laws § 28-7-25 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-25
§ 28-7-25. Expedition of proceedings.
Status: in_force

The board shall consider all complaints or petitions filed with it and conduct all proceedings under this chapter with all possible expedition.
R.I. Gen. Laws § 28-10-5 — RI Code / Title 28 / Chapter 28-10 / Section 28-10-5
§ 28-10-5. Jury trial of contempts.
Status: in_force

In all cases arising under this chapter in which a person is charged with contempt in a court of this state, the accused shall enjoy the right to a speedy and public trial by an impartial jury; provided, that this right does not apply to contempts committed in the presence of the court or so near to the court as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or process of the court.
R.I. Gen. Laws § 28-30-16.3 — RI Code / Title 28 / Chapter 28-30 / Section 28-30-16.3
§ 28-30-16.3. No incremental retirement benefit for temporary service as chief justice, presiding justice, or chief judge retired pursuant to § 28-30-16 or § 28-30-16.2.
Status: in_force

No increment in salary resulting from the temporary service as chief justice, presiding justice, or chief judge shall be construed to add to the annual salary of a judicial officer for purposes of retirement under § 28-30-16 or § 28-30-16.2.
R.I. Gen. Laws § 28-35-34 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-34
§ 28-35-34. Default in appellate procedure.
Status: in_force

As provided in this chapter, the claim of appeal shall not suspend the operation of the decree appealed from, but, in case of default in taking the procedure required, the workers compensation court upon motion of any party may proceed as if no claim of appeal had been made, unless it is made to appear to the workers compensation court that the default no longer exists.
R.I. Gen. Laws § 28-5-11 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-11
§ 28-5-11. Compensation of commission members  Reappointment.
Status: in_force

Members of the commission shall not be compensated for the discharge of their official duties but shall be entitled to the reimbursement of expenses actually and necessarily incurred by them in the performance of their duties. All members of the commission shall be eligible for reappointment.
R.I. Gen. Laws § 28-31-3 — RI Code / Title 28 / Chapter 28-31 / Section 28-31-3
§ 28-31-3. Medical treatment provided by state or municipality as employer.
Status: in_force

The medical treatment required to be rendered by an employer to an injured employee under the provisions of § 28-33-5, if the employer is the state, shall be rendered under the direction of a physician appointed for that purpose by the director of the department of administration. If the employer is a town or city, the medical treatment shall be rendered by a physician appointed for that purpose by the town council of the town or the city council of the city; provided, that in an emergency it shall be the duty of the division, department, officer, or other person having direct charge of an injured employee to see that treatment is promptly provided for the aid of that employee until the physician appointed as provided in this section has notice and can take charge of the case. Nothing contained in this section shall be construed to prohibit an employee from selecting the physician by whom, or the hospital in which, the employee desires to be treated as provided in § 28-33-8. All expenses incurred under this section, not exceeding the sum required by law to be expended therefor, shall in the case of the state be certified to the state controller by the department of administration, and in the case of a city or town to the treasurer thereof by the physician appointed as provided in this section, and those expenses shall be paid as is provided for other payments required to be made by the state, a city, or town under chapters 29  38 of this title.
R.I. Gen. Laws § 28-7-26 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-26
§ 28-7-26. Judicial enforcement of orders.
Status: in_force

(a) The board shall have the power to petition the superior court of the state within the county where the unfair labor practice in question occurred or where any person charged with the unfair labor practice resides or transacts business. If that court is on vacation or in recess, then the board may petition to the superior court of any county adjoining the county where the unfair labor practice in question occurred or where any person charged with the unfair labor practice resides or transacts business, for the enforcement of the order and for appropriate temporary relief or restraining order. The board shall certify and file in the court a transcript of the entire record in the proceeding, including the pleadings and testimony upon which the order was made and the findings and order of the board.

(b) Upon the filing, the court shall cause notice of the filing to be served on the person, and at that time shall have jurisdiction of the proceeding and of the question determined in the proceeding. The court shall have the power to grant any temporary relief or restraining order that it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in the transcript a decree enforcing, modifying, and enforcing as so modified, or setting aside, in whole or in part, the order of the board.
R.I. Gen. Laws § 28-27-22.1 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-22.1
§ 28-27-22.1. Subpoena of a witness.
Status: in_force

The department shall have the power to subpoena and bring before it or the board of examiners any witnesses to the testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law in the judicial procedure in civil cases in the superior court of the state.
R.I. Gen. Laws § 28-15-5 — RI Code / Title 28 / Chapter 28-15 / Section 28-15-5
§ 28-15-5. Recording of assignments.
Status: in_force

No assignment of future earnings or wages shall be valid, except as between the parties to the assignment, unless the assignment is recorded within five (5) days after it is signed by the assignor in a book to be kept for that purpose in the office of the recorder of deeds, if there is one, otherwise in the office of the clerk of the town or city in which the assignor resides, if a resident of this state, or in the town or city in which he or she is employed if not a resident of this state.
R.I. Gen. Laws § 28-57-11 — RI Code / Title 28 / Chapter 28-57 / Section 28-57-11
§ 28-57-11. Confidentiality and nondisclosure.
Status: in_force

An employer may not require disclosure of details relating to domestic violence, sexual assault, sexual contact, or stalking or the details of an employees or an employees family members health information as a condition of providing paid sick and safe leave time under this chapter. If an employer possesses health information or information pertaining to domestic violence, sexual assault, sexual contact, or stalking about an employee or employees family member, the information shall be treated as confidential and not disclosed except to the affected employee or with the permission of the affected employee unless required by existing regulation or statute.
R.I. Gen. Laws § 28-42-58 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-58
§ 28-42-58. Inter-agency arrangements for coverage.
Status: in_force

The director is authorized to enter into arrangements with the appropriate and duly authorized agencies of other states, the federal government or its territories, and of foreign governments, whereby, notwithstanding any other provisions of chapters 42  44 of this title, service performed by:

(1) An individual for a single employing unit for which service is customarily performed by that individual in more than one state, in one of the states and in a territory, or in one of the states and within the jurisdiction of a foreign government, shall be deemed to be services performed entirely within any one of the jurisdictions in which: (i) Any part of the individuals service is performed; or (ii) The individual has his or her residence; or the employing unit maintains a place of business; provided, that there is in effect, as to that service, an approved election by an employing unit with the acquiescence of that individual, pursuant to which service performed by that individual for that employing unit is deemed to be performed entirely within that jurisdiction; and

(2) Not more than three (3) individuals on any portion of a day but not necessarily simultaneously for a single employing unit that customarily operates in more than one of the jurisdictions set forth in this section shall be deemed to be service performed entirely within the jurisdiction in which that employing unit maintains the headquarters of its business; provided, that there is in effect, as to that service, an appropriate election by the employing unit with the affirmative consent of each individual, pursuant to which service performed by those individuals for that employing unit is deemed to be performed entirely within that jurisdiction.
R.I. Gen. Laws § 28-42-71 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-71
§ 28-42-71. Repeal or amendment of federal provisions.
Status: repealed

In the event that the federal Social Security Act, 42 U.S.C. § 301 et seq., is repealed, amended, or otherwise changed by the Congress of the United States, or is finally adjudged invalid or unconstitutional by the Supreme Court of the United States, with the result that no portion of the contributions required by chapters 42  44 of this title can be credited against any tax imposed by that act, then upon the date of that repeal, amendment, or change, or upon the date that the act is finally adjudged invalid or unconstitutional, the provisions of chapters 42  44 of this title requiring contributions and providing for payment of benefits shall cease to be operative. In that event the director shall immediately requisition from the unemployment trust fund established by 42 U.S.C. § 1103 all moneys in that fund standing to the credit of the state, and shall take any other action that may be necessary to procure those moneys. All those moneys, together with any other moneys in the employment security fund established by § 28-42-18, shall be held in custody by the general treasurer in a special fund, and unless: (1) The Congress of the United States, prior to the adjournment of its next regular session commencing next after the date the provisions of chapters 42  44 of this title requiring contributions and providing for the payment of benefits has ceased to be operative as previously provided, has enacted legislation designed to secure the enactment of unemployment compensation laws in the various states; and (2) The general assembly, within three (3) months after the passage of any such federal legislation, has enacted legislation providing for a system of unemployment compensation and has provided for the application of that special fund to unemployment compensation purposes pursuant to any such state legislation, then those moneys in the special fund subject to the payment of the expenses of making those refunds shall immediately be refunded or repaid, without interest, by the director to the individual employers and employees who have paid contributions under the terms of chapters 42  44 of this title, ratably in proportion to the amounts contributed by each employer and employee.
R.I. Gen. Laws § 28-39-21 — RI Code / Title 28 / Chapter 28-39 / Section 28-39-21
§ 28-39-21. Denial of requests for information from employment reports.
Status: in_force

Every request for information directed to the director shall be denied if the request would necessitate that individual to divulge any information that is declared in § 28-42-38 to be held confidential by the director.
R.I. Gen. Laws § 28-35-57 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-57
§ 28-35-57. Limitation of claims for compensation.
Status: in_force

(a) An employees claim for compensation under chapters 29  38 of this title shall be barred unless payment of weekly compensation has commenced, or a petition, as provided for in this chapter, has been filed within two (2) years after the occurrence or manifestation of the injury or incapacity, or in case of the death of the employee, or in the event of his or her physical or mental incapacity, within two (2) years after the death of the employee or the removal of the physical or mental incapacity.

(b) The time for filing shall not begin to run in cases of latent or undiscovered physical or mental impairment due to injury including disease until:

(1) The person claiming benefits knew, or by exercise of reasonable diligence should have known, of the existence of the impairment and its causal relationship to his or her employment; or

(2) After disablement, whichever is later.

(c) In any case in which weekly compensation benefits have been paid, pursuant to § 28-35-8, in which the employer or insurer has failed to file the required notices, the claimants right to file a petition for compensation benefits shall be preserved without time limitation.
R.I. Gen. Laws § 28-21-1 — RI Code / Title 28 / Chapter 28-21 / Section 28-21-1
§ 28-21-1. Duty of employer.
Status: in_force

An employer who uses, transports, stores, or otherwise exposes its employees to toxic or hazardous substances shall obtain, maintain, and make available in each workplace a list of all hazardous substances to which employees are or may be exposed. The lists of all hazardous substances shall be readily available to employees for examination during all hours of operation. In addition, a poster shall be placed at conspicuous locations at each workplace and be readily available to employees for examination during all hours of operation. The poster shall contain the rights of employees under this chapter and in addition shall contain the following language: For Further Information Concerning Your Rights under the Hazardous Substances Right-To-Know Act contact the department of labor and training at (telephone no.). The director of labor and training shall design, print, and distribute to all employers subject to this chapter, a poster that complies with the provisions of this section.
R.I. Gen. Laws § 28-57-2 — RI Code / Title 28 / Chapter 28-57 / Section 28-57-2
§ 28-57-2. Legislative purpose.
Status: in_force

The purpose of this chapter is to ensure that employees in Rhode Island can address their own health and safety needs, as well as the health and safety needs of their family members, by requiring employers to allow employees to earn a minimum level of paid leave time, including time to care for their family members, and allow for ease and uniformity of administration for the business community in providing paid leave for their employees.
R.I. Gen. Laws § 28-35-7.1 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-7.1
§ 28-35-7.1. Suspension agreement and receipt.
Status: in_force

If an employer or insurer and an employee reach an agreement in regard to the discontinuance or suspension of workers compensation benefits, the parties shall file a written suspension agreement and receipt with the department, signed by the parties, and on a form prescribed by the department. A copy of any agreement and receipt shall be delivered to each of the parties. Upon the filing of the agreement and receipt with the department, it shall be as binding upon both parties as a preliminary determination, order, or decree.
R.I. Gen. Laws § 28-37-29 — RI Code / Title 28 / Chapter 28-37 / Section 28-37-29
§ 28-37-29. Severability.
Status: in_force

If any provisions of this chapter, or their application to any person or circumstances, is held invalid, the remainder of this chapter and application of those provisions to other persons or circumstances shall not be affected by that invalidity.
R.I. Gen. Laws § 28-7-3 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-3
§ 28-7-3. Definitions.
Status: in_force

When used in this chapter:

(1) Board means the labor relations board created by § 28-7-4.

(2) Company union means any committee employee representation plan or association of employees that exists for the purpose, in whole or in part, of dealing with employers concerning grievances or terms and conditions of employment, that the employer has initiated or created or whose initiation or creation they have suggested, participated in or in the formulation of whose governing rules or policies or the conducting of whose management, operations, or elections the employer participates in or supervises, or which the employer maintains, finances, controls, dominates, or assists in maintaining or financing, whether by compensating any one for services performed in its behalf or by donating free services, equipment, materials, office or meeting space or anything else of value, or by any other means.

(3)(i) Employees includes, but is not restricted to, any individual employed by a labor organization; any individual whose employment has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment; and shall not be limited to the employees of a particular employer, unless the chapter explicitly states otherwise;

(ii) Employees does not include any individual employed by their parent or spouse or in the domestic service of any person in the person's home, or any individuals employed only for the duration of a labor dispute, or any individuals employed as farm laborers; provided that, any individual employed by an employer in an industry established or regulated pursuant to chapter 28.6 or 28.11 of title 21 shall be an employee within the meaning of this chapter and shall not be considered a farm laborer;

(iii) Employee specifically includes any teaching assistants, research assistants, fellows, residential assistants, and proctors who perform services for an employer in return for payment or other compensation, notwithstanding whether the employee is a student, or the supervised teaching, research, or other services are a component of their academic development.

(4) Employer includes any person acting on behalf of or in the interest of an employer, directly or indirectly, with or without his or her knowledge, but a labor organization or any officer or its agent shall only be considered an employer with respect to individuals employed by the organization.

(5) Labor dispute includes, but is not restricted to, any controversy between employers and employees or their representatives as defined in this section concerning terms, tenure, or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to negotiate, fix, maintain, or change terms or conditions of employment, or concerning the violation of any of the rights granted or affirmed by this chapter, regardless of whether the disputants stand in the proximate relation of employer and employee.

(6) Labor organization means any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection and which is not a company union as defined in this section.

(7) Person includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

(8) Policies of this chapter means the policies set forth in § 28-7-2.

(9) Representatives includes a labor organization or an individual whether or not employed by the employer of those whom he or she represents.

(10) Unfair labor practice means only those unfair labor practices listed in §§ 28-7-13 and 28-7-13.1.
R.I. Gen. Laws § 28-38-24 — RI Code / Title 28 / Chapter 28-38 / Section 28-38-24
§ 28-38-24. Reference to curative centre.
Status: in_force

Wherever in any existing law reference is made to the curative centre, and wherever in an existing law the term state curative centre or curative centre or the centre, the Donley Center or the Dr. John E. Donley rehabilitation center, as variously used, refers to the curative centre in the department, that reference and that term shall be deemed to have reference to the Chief Judge Robert F. Arrigan rehabilitation center.
R.I. Gen. Laws § 28-35-2 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-2
§ 28-35-2. Scope of memorandum of agreement with dependents of deceased employee.
Status: in_force

When death has resulted from the injury and the dependents of the deceased employee entitled to compensation are, or the apportionment of compensation among them is, in dispute, the memorandum of agreement may relate only to the amount of compensation and to the persons to whom that compensation is payable.
R.I. Gen. Laws § 28-14-6.1 — RI Code / Title 28 / Chapter 28-14 / Section 28-14-6.1
§ 28-14-6.1. Priority of wages due from employer in receivership or insolvency proceedings.
Status: in_force

In the event of any distribution of an employers assets pursuant to an order of any court under the laws of this state, including receivership, assignment for benefit of creditors, adjudicated insolvency, composition, or similar proceeding, the wages or compensation earned and unpaid not exceeding three hundred dollars ($300) to each wage earner earned within three (3) months of the commencement of the proceeding shall have the same priority in advance of payment of dividends to creditors as is given to wages under the Bankruptcy Act, 11 U.S.C. § 101 et seq. That amount shall be paid as soon as sufficient sums are available, to employees entitled to the same according to the records of the employer; the employees being relieved of the necessity of filing claims with the receiver, assignee, or trustee unless the amount payable as shown on the books of the employer is not acceptable to any employee, in which case, the employee shall file his or her claim in the same manner as other creditors of the employer.
R.I. Gen. Laws § 28-47-9 — RI Code / Title 28 / Chapter 28-47 / Section 28-47-9
§ 28-47-9. Audit of group self-insurance.
Status: in_force

The director annually, as soon as practicable after April 1 in each succeeding year, shall ascertain the total amount of expenses, including in addition to the direct costs of personal services, the cost of maintenance and operation; the cost of retirement contributions made and workers compensation premiums paid by the state for or on account of personnel; rentals for space occupied in state-owned or state-leased buildings; and all other direct or indirect costs incurred by the department of business regulation during the preceding calendar year in carrying out the provisions of this chapter. Those expenses shall be assessed against all group self-insurers including for this purpose employers who or that have ceased to exercise the privilege of group self-insurance but have filed a surety bond, trust fund, or other security. The basis of apportionment of the assessment against each group shall be that proportion of those expenses, excluding any expenses associated with a disbanded group, that the written premium or equivalent premium of each group self-insurer at the close of the preceding calendar year bears to the total premium for all group self-insurers. The department may assess any disbanded group based upon the actual expenses incurred by the department for such group in the preceding fiscal year. For the purpose of this assessment, a disbanded group means a group in run-off. All those assessments when collected shall be paid to and for the use of the insurance division of the department of business regulation.
R.I. Gen. Laws § 28-29-1.1 — RI Code / Title 28 / Chapter 28-29 / Section 28-29-1.1
§ 28-29-1.1. Name change.
Status: in_force

Wherever in the general or public laws there appears the word workmens in relation to workmens compensation, it shall be substituted with the word workers.
R.I. Gen. Laws § 28-40-11 — RI Code / Title 28 / Chapter 28-40 / Section 28-40-11
§ 28-40-11. Determination of unreported contributions due.
Status: in_force

If an employer for any reporting period fails to make any report used for the purpose of determining the amount of contributions payable under chapters 39  41 of this title at the time and in the manner required by the prescribed rules and regulations, or if those reports when filed are incorrect or insufficient, and the employer fails to file a corrected or sufficient report within twenty (20) days after the director has required it by written notice, the director shall determine on the basis of such information as the director may be able to obtain, the amount of contributions due from that employer, and the director shall give written notice to any employer of the amount of contributions so determined. That determination shall finally and irrevocably fix the amount of contributions due unless the employer, within twenty (20) days after the giving of that notice, applies to the board of review for a hearing, or unless the director on his or her own volition reduces the amount.
R.I. Gen. Laws § 28-7-19 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-19
§ 28-7-19. Unions listed on ballot  Company unions.
Status: in_force

A labor organization nominated as the representative of employees shall be listed by name on the ballots authorized by § 28-7-16. In any investigation conducted by the board pursuant to §§ 28-7-14  28-7-19, the board may make a finding as to whether any committee, employee representation plan, or association of employees involved is a company union, and if any committee, employee representation plan, or association of employees is found to be a company union, it shall not be listed on the ballots, certified, or otherwise recognized as eligible to be the representative of employees under this chapter.
R.I. Gen. Laws § 28-37-14 — RI Code / Title 28 / Chapter 28-37 / Section 28-37-14
§ 28-37-14. Computation of gross premiums.
Status: in_force

(a) Gross premiums shall include all premiums, premium deposits, and assessments on all policies, certificates, and renewals written during the preceding calendar year, covering workers compensation risks within the state or subject to the jurisdiction of this state, and on all policies subsequently canceled and reinsurance assumed, whether those premiums, premium deposits, and assessments are in the form of money, notes, credits, or other substitutes for money, after deducting from these gross premiums the amount of return premiums on those contracts covering workers compensation risks within this state or subject to the jurisdiction of this state and the amount of premiums for reinsurance assumed of those risks. Mutual companies and companies that transact business on the mutual plan shall also be allowed to deduct from premiums, premium deposits, and assessments, the so-called dividends or unused or unabsorbed portion of the premiums, premium deposits, and assessments applied in part payment of premiums, premium deposits, and assessments or returned to policyholders in cash or credited to policyholders during the preceding calendar year.

(b) Except as specifically set forth in § 28-33-4, in the case of a policy that contains deductible claim payment provisions either on the basis of per claim and/or claims in the aggregate, the gross premium shall be based on the premium the employer would have had to pay to obtain the policy without such deductible provisions and without the application of any deductible premium credit.

(c) Gross premiums shall be reported annually to the department of business regulation and to the director of labor and training pursuant to the provisions of this chapter.

(d) Regulation and enforcement of subsections (b) and (c) of this section shall be vested in the director of labor and training. The director of labor and training is empowered to bring an action in any court of competent jurisdiction to give effect to the provisions of subsections (a)  (c) of this section.
R.I. Gen. Laws § 28-45-6 — RI Code / Title 28 / Chapter 28-45 / Section 28-45-6
§ 28-45-6. Annual report.
Status: in_force

The council shall annually make a report of its activities and progress to the governor; that report shall be contained in the annual report of the department of labor and training.
R.I. Gen. Laws § 28-7-14 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-14
§ 28-7-14. Exclusive representation of employees.
Status: in_force

Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for those purposes, or by the majority of the employees voting in an election conducted pursuant to §§ 28-7-15  28-7-19, shall be the exclusive representatives of all the employees in the appropriate unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment; provided, that employees, directly or through representatives, shall have the right at any time to present grievances to their employer.
R.I. Gen. Laws § 28-35-33 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-33
§ 28-35-33. Finality of decree  Stay of decree.
Status: in_force

Any decree entered by the workers compensation court acting within its powers shall, in the absence of fraud, be final, and shall take effect immediately upon being entered, and enforcement of the decree shall not be stayed pending appeal. If benefits have been ordered to be paid, reduced, discontinued, or suspended, the terms of the decree shall be followed until reversed. If compensation payments have been ordered by the workers compensation court, those payments shall be made and continued until reversal, and if payments have not been ordered and the decree is reversed, retroactive payments shall be made from the date provided for in the decision of the supreme court. Provided, that an employee shall not be required to make restitution to the employer for any benefits paid regardless of the outcome of the appeal.
R.I. Gen. Laws § 28-49-3 — RI Code / Title 28 / Chapter 28-49 / Section 28-49-3
§ 28-49-3. Disaster service voluntary leave.
Status: in_force

(a) Any state employee who is a certified disaster volunteer of the American Red Cross may be granted leave work with pay for not more than ten (10) working days each calendar year to participate in specialized disaster relief service for the American Red Cross, upon the request of the American Red Cross through the state office of emergency management. Leave may be taken upon the request of the American Red Cross and upon the approval of the employees supervisor, without loss of seniority, pay, vacation leave, compensatory time, personal business leave, sick leave, or earned overtime accumulation. The state agency may compensate an employee granted leave under this section at the employees regular rate of pay for those regular work hours during which the employee is absent from work.

(b) An employee deemed to be on leave under this section shall not be deemed to be an employee of the state for purposes of workers compensation. Leave under the chapter shall be granted only for service related to a disaster within the state of Rhode Island. Leave under this chapter shall not be granted for the purpose of obtaining training.
R.I. Gen. Laws § 28-31-12 — RI Code / Title 28 / Chapter 28-31 / Section 28-31-12
§ 28-31-12. Application to disaster response workers.
Status: in_force

All members of disaster response forces who are killed or sustain disability or injury while in training for or on disaster response duty shall be construed to be employees of the state and compensated in like manner as state employees are compensated under the provisions of chapters 29  38 of this title. All claims shall be filed, prosecuted, and determined in accordance with the procedure set forth in chapters 29  38 of this title.
R.I. Gen. Laws § 28-57-12 — RI Code / Title 28 / Chapter 28-57 / Section 28-57-12
§ 28-57-12. Greater sick and safe leave policies.
Status: in_force

(a) Nothing in this chapter shall be construed in a manner to discourage or prohibit an employer from the adoption of a paid sick and safe leave time policy that provides greater rights or benefits than those provided pursuant to this chapter.

(b) Nothing in this chapter shall be construed as diminishing the obligation of an employer to comply with any contract, collective bargaining agreement, employment benefit plan, or other agreement that provides greater sick and safe leave time to an employee than required in this chapter.

(c) Nothing in this chapter shall be construed as diminishing the rights of public employees regarding paid sick and safe leave or use of sick and safe leave time as provided in the general laws.
R.I. Gen. Laws § 28-42-55 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-55
§ 28-42-55. Enforcement of subpoenas  Appeal.
Status: in_force

In case of contumacy by or refusal to obey a subpoena issued to any person, pursuant to § 28-42-54, the sixth division of the district court, upon application by the director or the board of review, shall have jurisdiction to issue to that person an order requiring that person to appear before the director or his or her duly authorized representative, or the board of review or its duly authorized representatives, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question; and any failure to obey that order of the court may be punished by that court as a contempt of court. A party aggrieved by an order of the court may appeal that order to the supreme court in accordance with the procedures contained in art. I of the supreme court rules.
R.I. Gen. Laws § 28-42-63.1 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-63.1
§ 28-42-63.1. Suspension or revocation of registration  New registration.
Status: in_force

Whenever any employer fails to comply with any provision of this title, the director, upon a hearing, after giving the person at least five (5) days notice in writing specifying the time and place of the hearing and requiring him or her to show cause why his or her registration or registrations should not be revoked, may revoke or suspend any one or more of the registrations held by the employer. The notice may be served personally or by mail. The director shall not issue a new registration after the revocation of a registration unless he or she is satisfied that the former holder of the registration will comply with this title. In that case the director may require the filing of such a bond with surety or the deposit of the security that he or she deems necessary to assure compliance with this title.
R.I. Gen. Laws § 28-34-4 — RI Code / Title 28 / Chapter 28-34 / Section 28-34-4
§ 28-34-4. Relationship of disease to employment  Time of bringing suit.
Status: in_force

Neither the employee nor his or her dependents shall be entitled to compensation for disability or death resulting from an occupational disease, unless that occupational disease is due to the nature of his or her employment and was contracted in that employment. The time limit for bringing suit under this section shall be two (2) years from the date of disablement.
R.I. Gen. Laws § 28-5-41.1 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-41.1
§ 28-5-41.1. Right to fair employment practices  Gender identity or expression.
Status: in_force

Whenever in this chapter there appears the terms race or color, religion, sex, disability, age, country of ancestral origin, or sexual orientation there shall be inserted immediately thereafter the words gender identity or expression.
R.I. Gen. Laws § 28-42-21 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-21
§ 28-42-21. Deposits in and requisitions from unemployment trust fund.
Status: in_force

All money received by the director for the employment security fund established by this chapter shall, upon receipt, be deposited by the director in a clearance account in a bank, in this state, designated as a federal depositary under regulations adopted as subsequently prescribed. The cleared balances in that account shall be promptly transferred to the Secretary of the Treasury of the United States to the credit of the account of this state in the unemployment trust fund established by 42 U.S.C. § 1104, as long as this fund exists. The director shall from time to time requisition from the unemployment trust fund necessary amounts that shall be used solely for the payments of benefits, except that money credited to this states account pursuant to 42 U.S.C. § 1103 may, upon an appropriation duly made by the legislature, be used for the administration of this law, subject to the limitations contained in 42 U.S.C. § 1103, and shall for this purpose be requisitioned as needed for the payment of obligations incurred under that appropriation and deposited in the employment security administration account from which that payment shall be made.
R.I. Gen. Laws § 28-30-6 — RI Code / Title 28 / Chapter 28-30 / Section 28-30-6
§ 28-30-6. Administrator and deputy administrator to devote full time to office  Disability of administrator or deputy administrator.
Status: in_force

The administrator and deputy administrator shall not be active in determining the policies or conducting the affairs of any employers association or labor organization, but they shall impartially devote their full time to the duties of their offices. In the event of sickness, absence, or disability that renders it impossible for the administrator to act, the deputy administrator shall serve until the disability is removed. In the event of sickness, absence, or disability that renders it impossible for the deputy administrator to act, the workers compensation court shall appoint a temporary deputy administrator to serve until the disability is removed.
R.I. Gen. Laws § 28-36-10 — RI Code / Title 28 / Chapter 28-36 / Section 28-36-10
§ 28-36-10. Liability of noncomplying employers.
Status: in_force

Any employer subject to chapters 29  38 of this title who or that fails to comply with this chapter, and any employer who or that has elected to become subject to chapters 29  38 of this title in accordance with §§ 28-29-6 and 28-29-8, who or that fails to comply with this chapter within ten (10) days after that election, shall be liable for compensation to any injured employee or his or her dependents according to chapters 29  38 of this title, or for damages in the same manner as if the employer had not elected to become subject to, or was not subject to, those chapters, at the option of the employee or his or her dependents; provided, that the option shall be exercised and notice of it in writing given to the employer within ninety (90) days after the injury to the employee. The employer shall otherwise be liable only for the compensation payable under those chapters by employers subject to or who have elected to become subject to those chapters.
R.I. Gen. Laws § 28-14-19 — RI Code / Title 28 / Chapter 28-14 / Section 28-14-19
§ 28-14-19. Enforcement powers and duties of director of labor and training.
Status: in_force

(a) It shall be the duty of the director to ensure compliance with the provisions of this chapter and chapter 12 of this title. The director, or the directors designee, may investigate any violations thereof, institute or cause to be instituted actions for the collection of wages, and institute action for penalties or other relief as provided for within and pursuant to those chapters. The director, or the directors authorized representatives, are empowered to hold hearings, and the director or the directors designee shall cooperate with any employee in the enforcement of a claim against the employees employer in any case whenever, in the opinion of the director or the directors designee, the claim is just and valid.

(b) Upon receipt of a complaint or conducting an inspection under applicable law, the director, or the directors appropriate departmental designee, is authorized to investigate to determine compliance with this chapter and chapter 12 of this title. The director or designee shall forward all complaints to the investigatory team within the department of labor and training who shall conduct the initial screening, investigation, and field audits, as set forth in § 28-14-19.1.

(c) With respect to all complaints deemed just and valid by the investigatory team, the director, or the directors designee, shall order a hearing thereon at a time and place to be specified, and shall give notice thereof, together with a copy of the complaint or the purpose thereof, or a statement of the facts disclosed upon investigation, which notice shall be served personally or by mail on any person, business, corporation, or entity of any kind affected thereby. The hearing shall be scheduled within thirty (30) days of service of a formal complaint as provided herein. The person, business, corporation, or entity shall have an opportunity to be heard in respect to the matters complained of at the time and place specified in the notice. The hearing shall be conducted by the director or the directors designee. The hearing officer in the hearing shall be deemed to be acting in a judicial capacity, and shall have the right to issue subpoenas, administer oaths, and examine witnesses. The enforcement of a subpoena issued under this section shall be regulated by Rhode Island civil practice law and rules. The hearing shall be expeditiously conducted and upon such hearing the hearing officer shall determine the issues raised thereon and shall make a determination and enter an order within thirty (30) days of the close of the hearing, and forthwith serve a copy of the order, with a notice of the filing thereof, upon the parties to the proceeding, personally or by mail. The order shall dismiss the complaint or direct payment of any wages and/or benefits found to be due and/or award such other appropriate relief or penalties authorized under this chapter and chapter 12 of this title, and the order may direct payment of reasonable attorneys fees and costs to the complaining party. Interest at the rate of twelve percent (12%) per annum shall be awarded in the order from the date of the nonpayment to the date of payment.

(d) The order shall also require payment of a further sum as a civil penalty in an amount up to two (2) times the total wages and/or benefits found to be due, exclusive of interest, which shall be shared equally between the department and the aggrieved party. In determining the amount of any penalty to impose, 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 previous violations, and whether or not the violation was an innocent mistake or willful.

(e) The director may institute any action to recover unpaid wages or other compensation or obtain relief as provided under this section with or without the consent of the employee or employees affected.

(f) No agreement between the employee and employer to work for less than the applicable wage and/or benefit rate or to otherwise work under conditions in violation of applicable law is a defense to an action brought pursuant to this section.

(g) The director shall notify the contractors registration board of any order issued or any determination hereunder that an employer has violated this chapter, chapter 12 of this title, or chapter 13 of title 37. The director shall notify the tax administrator of any determination hereunder that may affect liability for an employers payment of wages and/or payroll taxes.
R.I. Gen. Laws § 28-7-35 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-35
§ 28-7-35. Judicial enforcement of subpoena.
Status: in_force

In case of contumacy or refusal to obey a subpoena issued to any person, the superior court of any county within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the board, shall have jurisdiction to issue to the person an order requiring the person to appear before the board, its member, agent, or agency, to produce evidence if so ordered, or to give testimony touching the matter under investigation or in question. Any failure to obey an order of the court may be punished by the court as a contempt.
R.I. Gen. Laws § 28-44-66 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-66
§ 28-44-66. Athletes.
Status: in_force

Benefits shall not be paid to any individual on the basis of any service, substantially all of which consists of participating in sports or athletic events or training or preparing to so participate, for any week that commences during the period between two (2) successive sport seasons or similar periods if that individual performed those services in the first of those seasons or similar periods and there is a reasonable assurance that the individual will perform those services in the later of those seasons or similar periods.
R.I. Gen. Laws § 28-39-13 — RI Code / Title 28 / Chapter 28-39 / Section 28-39-13
§ 28-39-13. Legal representation in actions.
Status: in_force

On the request of the director or the board of review, the attorney general shall represent the director or the board of review and the state in any court action relating to chapters 39  41 of this title or their administration and enforcement, except as special counsel may be designated by the director with the approval of the governor and except as otherwise provided in those chapters.
R.I. Gen. Laws § 28-33-47 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-47
§ 28-33-47. Reinstatement of injured worker.
Status: in_force

(a) A worker who has sustained a compensable injury shall be reinstated by the workers employer to the workers former position of employment upon written demand for reinstatement if the position exists and is available and the worker is not disabled from performing the duties of the position with reasonable accommodation made by the employer in the manner in which the work is to be performed. A workers former position is available even if that position has been filled by a replacement while the injured worker was absent as a result of the workers compensable injury. If the former position is not available, the worker shall be reinstated in any other existing position that is vacant and suitable. A certificate by the treating physician that the physician approves the workers return to the workers regular employment or other suitable employment shall be prima facie evidence that the worker is able to perform the duties.

(b) The right of reinstatement shall be subject to the provisions for seniority rights and other employment restrictions contained in a valid collective bargaining agreement between the employer and a representative of the employers employees, and nothing shall exempt any employer from or excuse full compliance with any applicable provisions of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and chapter 87 of title 42.

(c) Notwithstanding subsection (a) of this section:

(1) The right to reinstatement to the workers former position under this section terminates upon any of the following:

(i) A medical determination by the treating physician, impartial medical examiner, or comprehensive independent healthcare review team that the worker cannot, at maximum medical improvement, return to the former position of employment or any other existing position with the same employer that is vacant and suitable;

(ii) The approval by the workers compensation court of a vocational rehabilitation program for the worker to train the worker for alternative employment with another employer;

(iii) The workers acceptance of suitable employment with another employer after reaching maximum medical improvement;

(iv) The workers refusal of a bona fide offer from the employer of light duty employment or suitable alternative employment, prior to reaching maximum medical improvement;

(v) The expiration of ten (10) days from the date that the worker is notified by the insurer or self-insured employer by mail at the address to which the weekly compensation benefits are mailed that the workers treating physician has released the worker for employment unless the worker requests reinstatement within that time period;

(vi) The expiration of thirty (30) days after the employee reaches maximum medical improvement or concludes or ceases to participate in an approved program of rehabilitation, or one year from the date of injury, whichever is sooner, provided, in the event a petition to establish liability for an injury is filed, but not decided within one year of the date of injury, within twenty-one (21) days from the first finding of liability. Notwithstanding the foregoing, where the employee is participating in an approved program of rehabilitation specifically designed to provide the employee with the ability to perform a job for which he or she would be eligible under subsection (a) of this section, the right of reinstatement shall terminate when the employee concludes or ceases to participate in the program or eighteen (18) months from the date of injury, whichever is sooner;

(vii) Except where otherwise provided under a collective bargaining agreement, the approval by the court of a settlement pursuant to chapters 29  38 of this title.

(2) The right to reinstatement under this section does not apply to:

(i) A worker hired on a temporary basis;

(ii) A worker employed in a seasonal occupation;

(iii) A worker who works out of a hiring hall operating pursuant to a collective bargaining agreement;

(iv) A worker whose employer employs nine (9) or fewer workers at the time of the workers injury; or

(v) A worker who is on a probationary period of less than ninety-one (91) days.

(d) Any violation of this section is deemed an unlawful employment practice. If the employee applies for reinstatement under this section and the employer in violation of this section refuses to reinstate the employee, the workers compensation court is authorized to order reinstatement and award back pay and the cost of fringe benefits lost during the period as appropriate. Determinations of reinstatement disputes shall be rendered by the workers compensation court in accordance with this section and chapters 29  38 of this title, and the rules of practice of the workers compensation court.

(e) When an employee is entitled to reinstatement under this section, but the position to which reinstatement is sought does not exist or is not available, the employee may file for unemployment benefits as if then laid off from that employment, and unemployment benefits shall be calculated pursuant to § 28-42-3(4); provided, that an employee cannot collect both workers compensation indemnity benefits and unemployment benefits under this section.

(f) The education division of the department of labor and training shall provide information to employees who receive benefits under this title of the provisions of this section.

(g) Any requests for reinstatement determinations pending before the director prior to September 1, 2000, will remain at the department for resolution. Any requests after this date will be heard by the workers compensation court.
R.I. Gen. Laws § 28-14-13 — RI Code / Title 28 / Chapter 28-14 / Section 28-14-13
§ 28-14-13. Inspection powers.
Status: in_force

The director and his or her authorized representatives shall have the right to enter any place of employment for the purpose of inspecting the employment records required by § 28-14-12 and seeing that all provisions of this chapter are complied with.
R.I. Gen. Laws § 28-43-8.3 — RI Code / Title 28 / Chapter 28-43 / Section 28-43-8.3
§ 28-43-8.3. Rate where no experience.
Status: in_force

Notwithstanding any inconsistent provisions of chapters 42  44 of this title, each employer who or that has not been subject to this chapter for a sufficient period of time to be eligible for any experience rate under this chapter shall pay contributions at a rate not exceeding four and two tenths percent (4.2%) that is the higher of one percent (1%) or the states five-year (5) benefit cost rate for employers not eligible for any experience rate under this chapter. For the purposes of this section, the states five-year (5) benefit cost rate for employers not eligible for any experience rate under this chapter shall be computed annually and shall be derived by dividing the total dollar amount of benefits charged to employers not eligible for any experience rate under chapters 42  44 of this title during the five (5) consecutive experience years immediately preceding the computation year by the total dollar amount of wages paid by employers not eligible for any experience rate under this chapter and subject to contributions under chapters 42  44 of this title during the same period.
R.I. Gen. Laws § 28-35-46.1 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-46.1
§ 28-35-46.1. Termination of payment  Accounting.
Status: in_force

Within sixty (60) days after the discontinuance or suspension of compensation payments under § 28-33-18(d), the employer and/or insurer shall file with the director of labor and training, with a copy to the employee and his or her attorney, and also to the employer if filed by the insurer, an itemized statement of the total amount of compensation, medical expenses, and other expenses paid to or on behalf of the employee. This itemized statement shall be on a form prepared by the director of labor and training for that purpose.
R.I. Gen. Laws § 28-27-6.1 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-6.1
§ 28-27-6.1. Owners right to install.
Status: in_force

An owner of a single-family domestic dwelling who intends to occupy the premises himself or herself may, after approval by local municipal and/or state authorities and upon receipt of a permit, install pipefitting, refrigeration, sheet metal, or fire protection sprinkler systems work in Rhode Island without being licensed by the division of professional regulation. The work must conform to the best installation practices of the trade and all applicable portions of the B.O.A.C.A. code and procedures adopted by the division of professional regulation.
R.I. Gen. Laws § 28-26-15 — RI Code / Title 28 / Chapter 28-26 / Section 28-26-15
§ 28-26-15. Appropriation and disbursements.
Status: in_force

For the purpose of carrying this chapter into effect, the sum of five thousand dollars ($5,000) is annually appropriated out of any money in the treasury not otherwise appropriated to be expended for the payment of an investigator, secretary, and clerical assistants, and for other necessary expenses incurred by the hoisting engineers licensing section in the performance of its duties. The state controller is authorized and directed to draw his or her orders on the general treasurer for payment of the sums so appropriated, or so much of them as may from time to time be required, upon receipt by him or her of proper vouchers approved by the director of labor and training.
R.I. Gen. Laws § 28-33-12 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-12
§ 28-33-12. Death benefits payable to dependents.
Status: in_force

(a)(1) If death results from the injury, the employer shall pay the dependents of the employee wholly dependent upon his or her earnings for support at the time of his or her injury or death, whichever is the greater in number, a weekly payment equal to the rate that would have been payable for total incapacity to the deceased employee under the provisions of § 28-33-17, except as provided in this section in case the dependent is the surviving spouse or child under the age of eighteen (18) of that employee.

(2) If the dependent is a surviving spouse, or surviving spouse upon whom there is dependent one or more children of the deceased employee including an adopted child or stepchild under the age of eighteen (18) years or over that age but physically or mentally incapacitated from earning, the employer shall pay the surviving spouse the weekly rate for total incapacity the deceased employee would have been entitled to receive under the provisions of § 28-33-17 plus forty dollars ($40.00) per week for each dependent child.

(3) Child within the meaning of this section also includes any child of the injured employee conceived but not born at the time of the employees injury, and the compensation provided for in this section shall be payable on account of any child from the date of the childs birth.

(b) Upon the remarriage or death of the surviving spouse, or if there is no surviving spouse then upon the death of the injured employee, the compensation payable under this chapter shall subsequently be paid to those dependent child or children of the injured employee, and if there is more than one child the compensation shall be divided equally among them and the compensation shall be not more than the weekly rate for total incapacity due the injured employee under the provisions of § 28-33-17 for the dependent child plus forty dollars ($40.00) for each additional dependent child.

(c) If the employee leaves dependents only partly dependent upon his or her earnings for support at the time of his or her injury or death, the employer shall pay that dependent from the date of the injury or death, whichever is greater in number, a weekly compensation equal to the amount of the average weekly contribution by the employee to the partial dependents, not exceeding the weekly payments provided in this section for the benefit of wholly dependent persons.

(d) When weekly payments have been made to an injured employee before his or her death, the compensation to dependents shall begin from the date of the last of those payments; and provided, that if the deceased leaves no dependents at the time of the injury or death, the employer shall not be liable to pay compensation under chapters 29  38 of this title except as specifically provided in § 28-33-16.

(e) Except in the case of a dependent child physically or mentally incapacitated from earning, dependency benefits for each child shall terminate when that dependent child attains his or her eighteenth (18th) birthday; provided, that the payment of dependency benefits to a dependent child over the age of eighteen (18) years shall continue as long as that child is satisfactorily enrolled as a full-time student in an educational institution or an educational facility duly accredited or approved by the appropriate state educational authorities at the time of enrollment. Those payments shall not be continued beyond the age of twenty-three (23) years.

(f) When a surviving spouse without dependent children remarries, benefits payable under this section shall cease on the date of the remarriage.

(g) A surviving spouse entitled to benefits under this section shall receive an annual cost of living increase of four percent (4%) on every anniversary of the date of death for so long as he or she is eligible for benefits under this section.
R.I. Gen. Laws § 28-53-7 — RI Code / Title 28 / Chapter 28-53 / Section 28-53-7
§ 28-53-7. Payments to employees of uninsured employers.
Status: in_force

(a) Where it is determined that the employee was injured in the course of employment while working for an employer who or that fails to maintain a policy of workers compensation insurance as required by § 28-36-1 et seq., in accordance with the provisions of this chapter, the uninsured protection fund is authorized to pay the benefits to which the injured employee would be entitled pursuant to chapters 29  38 of this title subject to the limitations set forth herein.

(b) The workers compensation court shall hear all petitions for payment from the fund pursuant to § 28-30-1 et seq.; provided, however, that any petition for the commencement of compensation benefits filed against the uninsured protection fund shall be accompanied or preceded by a separate petition for the commencement of compensation benefits timely filed against the uninsured unless the petition to be filed against the uninsured employer is otherwise enjoined or prevented by law.

(c) Where an employee is deemed to be entitled to benefits from the uninsured protection fund, the fund shall pay benefits for incapacity as provided pursuant to chapters 29  38 of this title except that the employee shall not be entitled to receive benefits for medical expenses pursuant to the provisions of § 28-33-5 or loss of function and disfigurement pursuant to the provisions of § 28-33-19 from the uninsured protection fund. Nothing herein shall affect an employees right to otherwise recover such benefits for medical expenses, loss of function, and disfigurement from an uninsured employer.

(d) The fund shall pay costs, counsel, and witness fees, as provided in § 28-35-32, to any employee who successfully prosecutes any petitions for payment; petitions to amend a pretrial order; and all other employee petitions; and to employees who successfully defend, in whole or in part, proceedings seeking to reduce or terminate any and all payments; provided, however, that the attorneys fees awarded to counsel who represent the employee in petitions for lump-sum commutation filed pursuant to § 28-33-25, or in the settlement of disputed cases pursuant to § 28-33-25.1, shall be limited to the maximum amount paid to counsel who serve as court-appointed attorneys in workers compensation proceedings as established by rule or order of the Rhode Island supreme court. Any payment ordered by the court or due under this section shall not be subject to liens set forth in § 28-33-27(b), nor shall such payments be assignable or subject to assignment in any way.

(e) In the event that the uninsured employer makes payment of any monies to the employee to compensate the employee in any way for the alleged work injury, the fund may be entitled to a credit for all such monies received by, or on behalf of, the employee, including, but not limited to, monies paid to the employee by any other party for the employees lost wages against any future benefits payable directly to the employee. The fund shall be entitled to full reimbursement from the uninsured employer for any and all payments made by the fund to the employee, as well as all costs, counsel, and witness fees paid out by the fund in connection with any claim and/or petition, plus any and all costs and attorneys fees associated with collection and reimbursement of the fund.

(f) All the rights and obligations of § 28-35-58 are preserved to the benefit of the employee and the fund.

(g) This section shall apply to injuries that occur on or after September 1, 2019.
R.I. Gen. Laws § 28-33-37 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-37
§ 28-33-37. Examination by impartial examiner  Reports.
Status: in_force

A medical examiner, once being duly sworn by a judge of the workers compensation court appointing him or her to the faithful performance of his or her duties at the inception of his or her designation as an impartial medical examiner, shall at that time and as often as requested in accordance with chapters 29  38 of this title, examine injured employees to determine the nature and probable duration of their injuries. This medical examiner shall file a signed report within ninety-six (96) hours of the completion of each and every examination made of those employees with the workers compensation court and that report shall indicate the name and the title of the official by whom he or she was sworn in and appointed and shall then be acceptable as proper legal evidence in any hearing or proceedings before the workers compensation court to determine the amount of compensation due the employee under the provisions of chapters 29  38 of this title, and the examiner may be summoned for the purpose of cross-examination in proceedings before the court. Copies of those reports shall be furnished to all interested parties.
R.I. Gen. Laws § 28-43-14 — RI Code / Title 28 / Chapter 28-43 / Section 28-43-14
§ 28-43-14. Appeals to the board of review on other matters.
Status: in_force

Any employer or person aggrieved by any decision of fact or law by the director with reference to its or his or her status as an employer or as to whether services performed for it or him or her constitutes employment, or as to any other matter for which an appeal is not otherwise provided in chapters 42  44 of this title, may, within fifteen (15) days after notice of that decision has been mailed or otherwise delivered to it or him or her, appeal to the board of review, in writing, stating the grounds upon which that appeal is taken. Unless an appeal is duly filed within the time limit, the decision of the director shall be final. If any appeal is duly filed, the board of review shall then set a time and place to give the appellant an opportunity to show cause as to why the decision of the director should be changed. Following that hearing, the board of review shall, as promptly as possible, notify the appellant and the director of its decision on the appeal. That decision shall become final unless the appellant or the director files an appeal to the courts in accordance with the provisions of §§ 28-44-51  28-44-55.
R.I. Gen. Laws § 28-7-19.2 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-19.2
§ 28-7-19.2. Standards of corporate behavior.
Status: in_force

(a) As used in this section, the following words, unless the context clearly requires otherwise, have the following meanings:

(1) Control means the beneficial ownership of fifty percent (50%) or more of the outstanding voting securities of a control transferor; provided, that for the purposes of making percentage calculations, outstanding voting securities includes any voting stock underlying convertible securities.

(2) Control transferee means the person or persons who assume control following a transfer of control as defined in subsection (a)(8).

(3) Control transferor means the person or persons who exercise control, including the power of hire and fire, before a transfer of control as defined in subsection (a)(8); provided, however, that the person or persons are either:

(i) A corporation to which the provisions of chapters 1.1 and 5.2 of Title 7 apply, a gas or electric company or combined gas and electric company subject to the provisions of chapter 1 of title 39, or an association or trust which pursuant to chapter 1 of title 39 owns beneficially a majority of the common stock of that company; provided, that the corporation employ fifty (50) or more full-time employees, or employees working aggregate hours equal to the sum of hours worked by fifty (50) full-time employees, and has fifty (50) or more shareholders, in the state at some point in the twelve (12) calendar months prior to the transfer of control.

(ii) A foreign corporation established, organized, or chartered under laws other than those of this state; provided, that the corporation employs fifty (50) or more full-time employees, or employees working aggregate hours equal to the sum of hours worked by fifty (50) full-time employees, and has fifty (50) or more shareholders, in the state at some point in the twelve (12) calendar months prior to the transfer of control; and provided further, that the corporation is not an out of state banking association or banking corporation or insurance company authorized to transact business in the state.

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

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

(6) Employee means any person employed for hire by an employer in any lawful employment.

(7) Termination of employment means the involuntary termination of an employees employment consistent with the eligibility standards for unemployment benefits under chapter 44 of this title.

(8) Transfer of control means a transaction or series of transactions as a result of which any person is or becomes the beneficial owner, directly or indirectly, of securities of a control transferor representing fifty percent (50%) or more of the control transferors then outstanding voting securities; provided, that a change in control will not be deemed to have occurred solely because of the acquisition of securities as a control transferor, or any related reporting requirements under chapter 11 of title 7, by an employee benefit plan maintained by the control transferor for its employees.

(9) Weekly compensation means an employees base compensation in effect on the last payroll period ending prior to the transfer of control for eligible employees pursuant to subsection (b) of this section or the time of termination of employment for eligible employees pursuant to subsection (c) of this section.

(10) Year of service means each full year during which the employee has been employed by the control transferor as defined in subsection (a)(3) of this section.

(b) Any employee of a control transferor whose employment is terminated within twenty-four (24) calendar months after the transfer of control of his or her employer is entitled to a one-time lump sum payment from the control transferee equal to the product of twice his or her weekly compensation multiplied by each completed year of service. This severance pay to eligible employees shall be in addition to any final wage payment to the employee and shall be made within one regular pay period after the employees last day of work.

(c) Any employee of a control transferor whose employment is terminated within the shorter of the following periods prior to a control transfer: (i) Twelve (12) calendar months, or (ii) The period of time between which the control transferee obtained a five percent (5%) interest in the voting securities of the control transferor and consummated a control transfer by obtaining a fifty percent (50%) or greater interest pursuant to subsection (a)(8) of this section, is entitled to a one-time lump sum payment from the control transferee equal to the product of twice his or her weekly compensation multiplied by each completed year of service. This severance pay to eligible employees shall be in addition to any final wage payment to the employee and shall be made within four (4) regular pay periods after the transfer of control.

(d) There shall be no liability for the one-time payment to an otherwise eligible employee if:

(1) The employee is covered by an express contract providing for payment in the event of termination of employment equal to or in excess of that provided by this section;

(2) The employee has been employed by the control transferor for less than three (3) years;

(3) A transfer of control as defined in subsection (a)(8) of this section is the result of the transfer of securities or the beneficial interest in it, directly or indirectly, by sale, gift, bequest, or otherwise, in one transaction or a series of transactions, between:

(i) An individual and that individuals spouse;

(ii) An individual and that individuals sibling or the siblings spouse;

(iii) An individual and that individuals lineal descendants or their spouses;

(iv) An individual or a fiduciary who holds the securities or the beneficial interest therein for the benefit of any of the foregoing persons; or

(4) The control transferee obtained control through enforcement of rights under pledge or other security interest created in good faith and not for the purpose of circumventing the purposes of this chapter or as a result of an assignment for the benefit of creditors, receivership, bankruptcy, enforcement by judicial process, or other similar proceeding, including a transferee obtaining its interest from the person enforcing those rights or in connection with that proceeding.

(e) Upon assuming control, the control transferee shall be responsible for providing written notice to each employee of the control transferor and the collective bargaining representative or representatives, if any, of the rights of employees under this section within thirty (30) days of completion of a transfer of control. The control transferee shall also provide written notice to the department that a control has occurred. The department shall assess a fine in an amount up to one thousand dollars ($1,000) for failure to provide the notification.

(f) In the event any eligible employee is denied a lump sum payment as a result of a violation of this section, the employee shall have available all private civil and other remedies at law or equity. The department of labor and training may take any and all appropriate actions to enforce the provisions of this section.

(g) For the purposes of determining eligibility under subsections (b) and (c) of this section, all determinations shall be as of the date of control transfer occurs unless specifically stated otherwise.

(h) The director may promulgate any regulations that may be required for the implementation of this section.
R.I. Gen. Laws § 28-12-5 — RI Code / Title 28 / Chapter 28-12 / Section 28-12-5
§ 28-12-5. Employees receiving gratuities.
Status: in_force

(a) Every employer shall pay to each of the employers employees who are engaged in any work or employment in which gratuities have customarily and usually constituted a part of his or her weekly income, the rate as provided by §§ 28-12-3 and 28-12-3.1.

(b) Allowance for gratuities as part of the hourly wage rate for restaurants, hotels, and other industries, except taxicabs and limited public motor vehicles, shall be an amount equal to the applicable minimum rates as provided by §§ 28-12-3 and 28-12-3.1 less two dollars and eighty-nine cents ($2.89) per hour. Gratuities means voluntary monetary compensation received directly or indirectly by the employee for services rendered.

(c) Each employer desiring to deduct for gratuities as part of the minimum rates as provided in §§ 28-12-3 and 28-12-3.1 wages paid to an employee shall provide substantial evidence that the amount shall be as set out in the formula in subsection (b) of this section; however, the cash wage shall not be less than two dollars and eighty-nine cents ($2.89) per hour; provided, however, that commencing January 1, 2016, the cash wage shall increase by fifty cents ($.50) to an amount not less than three dollars and thirty-nine cents ($3.39) per hour; provided further, that commencing January 1, 2017, the cash wage shall increase by fifty cents ($.50) to an amount not less than three dollars and eighty-nine cents ($3.89) per hour.

(d) The director of labor and training shall notify employers concerning what type of proof shall be accepted as substantial evidence for the purpose of this subsection. Employees involved shall be entitled to a hearing on the question of the amount of deduction if they so desire.

(e) In cases where wages are figured by the employer on an incentive basis in such a manner that an employee of reasonable average ability earns at least the minimum wage established by §§ 28-12-3 and 28-12-3.1, it shall be taken that the employer has complied with this statute. It shall be of no concern to the director of labor and training how the employer arrives at its wage scale so long as it is not unreasonable in its demands on the employee.

(f) Where, in the case of the employment of a full-time student who has not attained his or her nineteenth (19th) birthday engaged in the activities of a nonprofit association or corporation, whose aims and objectives are religious, educational, librarial, or community service in nature, the employer-employee relationship does exist, the employer shall pay to each such employee wages at a rate of not less than ninety percent (90%) of the minimum wage as specified in § 28-12-3. In case of any conflict between provisions of this section and those of § 28-12-3.1, the provisions of § 28-12-3.1 shall govern.