R.I. Gen. Laws § 28-36-6 — RI Code / Title 28 / Chapter 28-36 / Section 28-36-6
§ 28-36-6. Employees lien on insurers liability  Direct payment in event of insolvency.
Status: in_force

Every policy shall also provide that the employee or, in the event of his or her death, his or her dependents, shall have a first lien upon any amount that shall become owing on account of that policy to the employer from the insurer because of any personal injury, as defined in § 28-33-1, to that employee, and that in case of the legal incapacity or inability of the employer to receive the amount and pay it over to the employee or his or her dependents, the insurer may and shall pay the amount directly to the employee or his or her dependents, thereby discharging to the extent of that payment the obligation of the employer to the employee or his or her dependents. No policy shall contain any provisions relieving the insurer from payment because of the employers inability to pay on account of insolvency, bankruptcy, or otherwise, during the period that the policy is in force or the compensation remains owing.
R.I. Gen. Laws § 28-33-17 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-17
§ 28-33-17. Weekly compensation for total incapacity  Permanent total disability  Dependents allowances.
Status: in_force

(a)(1) For all injuries on or after January 1, 2022, while the incapacity for work resulting from the injury is total, the employer shall pay the injured employee a weekly compensation equal to sixty-two percent (62%) of his or her average weekly base wages, earnings, or salary, as computed pursuant to the provisions of § 28-33-20. For all injuries on or before December 31, 2021, while the incapacity for work resulting from the injury is total, the employer shall pay the injured employee a weekly compensation equal to seventy-five percent (75%) of his or her average weekly spendable base wages, earnings, or salary, as computed pursuant to the provisions of § 28-33-20. The amount may not exceed more than sixty percent (60%) of the state average weekly wage of individuals in covered employment under the provisions of the Rhode Island employment security act as computed and established by the Rhode Island department of labor and training, annually, on or before May 31 of each year, under the provisions of § 28-44-6(a). Effective September 1, 1974, the maximum rate for weekly compensation for total disability shall not exceed sixty-six and two-thirds percent (66 %) of the state average weekly wage, as computed and established under the provisions of § 28-44-6(a). Effective September 1, 1975, the maximum rate for weekly compensation for total disability shall not exceed one hundred percent (100%) of the state average weekly wage, as computed and established under the provisions of § 28-44-6(a). Effective September 1, 2007, the maximum rate for weekly compensation for total disability shall not exceed one hundred fifteen percent (115%) of the state average weekly wage, as computed and established under the provisions of § 28-44-6(a). Effective October 1, 2016, the maximum rate for weekly compensation for total disability shall not exceed one hundred twenty percent (120%) of the state average weekly wage as computed and established under the provisions of § 28-44-6(a), and effective October 1, 2017, the maximum rate for weekly compensation for total disability shall not exceed one hundred twenty-five percent (125%) of the state average weekly wage, as computed and established under the provisions of § 28-44-6(a). If the maximum weekly benefit rate is not an exact multiple of one dollar ($1.00), then the rate shall be raised to the next higher multiple of one dollar ($1.00).

(2) The average weekly wage computed and established under § 28-44-6(a) is applicable to injured employees whose injury occurred on or after September 1, 2000, and shall be applicable for the full period during which compensation is payable.

(3)(i) Spendable earnings means the employees gross, average weekly wages, earnings, or salary, including any gratuities reported as income, reduced by an amount determined to reflect amounts that would be withheld from the wages, earnings, or salary under federal and state income tax laws, and under the Federal Insurance Contributions Act (FICA), 26 U.S.C. § 3101 et seq., relating to Social Security and Medicare taxes. In all cases, it is to be assumed that the amount withheld would be determined on the basis of expected liability of the employee for tax for the taxable year in which the payments are made without regard to any itemized deductions but taking into account the maximum number of personal exemptions allowable.

(ii) Each year, the director shall publish tables of the average weekly wage and seventy-five percent (75%) of spendable earnings that are to be in effect on May 10. These tables shall be conclusive for the purposes of converting an average weekly wage into seventy-five percent (75%) of spendable earnings. In calculating spendable earnings, the director shall have discretion to exempt funds assigned to third parties by order of the family court pursuant to § 8-10-3 and funds designated for payment of liens pursuant to § 28-33-27 upon submission of supporting evidence.

(b)(1) In the following cases, it shall, for the purpose of this section, be that the injury resulted in permanent total disability:

(i) The total and irrecoverable loss of sight in both eyes or the reduction to one-tenth ( ) or less of normal vision with glasses;

(ii) The loss of both feet at or above the ankle;

(iii) The loss of both hands at or above the wrist;

(iv) The loss of one hand and one foot;

(v) An injury to the spine resulting in permanent and complete paralysis of the legs or arms; and

(vi) An injury to the skull resulting in incurable imbecility or insanity.

(2) In all other cases, total disability shall be determined only if, as a result of the injury, the employee is physically unable to earn any wages in any employment; provided, that in cases where manifest injustice would otherwise result, total disability shall be determined when an employee proves, taking into account the employees age, education, background, abilities, and training, that he or she is unable, on account of his or her compensable injury, to perform his or her regular job and is unable to perform any alternative employment. The court may deny total disability under this subsection without requiring the employer to identify particular alternative employment.

(c)(1) Where the employee has persons conclusively presumed to be dependent upon him or her, or in fact so dependent, the sum of fifteen dollars ($15.00) shall be added to the weekly compensation payable for total incapacity for each person wholly dependent on the employee. Effective January 1, 2025, the sum to be added to the weekly compensation payable for total incapacity, for each person wholly dependent on the employee, shall be raised to twenty-five dollars ($25.00). For those receiving benefits under § 28-33-12, the sum shall be forty dollars ($40.00), but in no case shall the aggregate of those amounts exceed eighty percent (80%) of the average weekly wage of the employee, except that there shall be no limit for those receiving benefits under § 28-33-12.

(2) The dependency allowance shall be in addition to the compensation benefits for total disability otherwise payable under the provisions of this section. The dependency allowance shall be increased if the number of persons dependent upon the employee increases during the time that weekly compensation benefits are being received.

(3) For the purposes of this section, the following persons shall be conclusively presumed to be wholly dependent for support upon an employee:

(i) A wife upon a husband with whom she is living at the time of his injury, but only while she is not working for wages during her spouses total disability;

(ii) A husband upon a wife with whom he is living at the time of her injury, but only while he is not working for wages during his spouses total disability; and

(iii) Children under the age of eighteen (18) years, or over that age but physically or mentally incapacitated from earning, if living with the employee, or, if the employee is bound or ordered by law, decree, or order of court, or by any other lawful requirement, to support the children, although living apart from them. 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. Children, within the meaning of this paragraph, also includes any children 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 such children from the date of their birth.

(d) Dependents, as provided in this section, does not include the spouse of the injured employee except as provided in subsections (c)(3)(i) and (ii) of this section. In all other cases questions of dependency shall be determined in accordance with the facts as the facts may be at the time of the injury.

(e) The court, or any of its judges, may, in its or his or her discretion, order the insurer or self-insurer to make payment for those receiving benefits under § 28-33-12 directly to the dependent.

(f)(1) Where any employees incapacity is total and has extended beyond fifty-two (52) weeks, regardless of the date of injury, payments made to all totally incapacitated employees shall be increased as of May 10, 1991, and annually on the tenth of May after that as long as the employee remains totally incapacitated. The increase shall be by an amount equal to the total percentage increase in the annual Consumer Price Index, United States City Average for Urban Wage Earners and Clerical Workers, as formulated and computed by the Bureau of Labor Statistics of the United States Department of Labor for the period of March 1 to February 28 each year.

(2) If the employee is subsequently found to be only partially incapacitated, the weekly compensation benefit paid to the employee shall be equal to the payment in effect prior to his or her most recent cost of living adjustment.

(3) Index as used in this section refers to the Consumer Price Index, United States City Average for Urban Wage Earners and Clerical Workers, as that index is formulated and computed by the Bureau of Labor Statistics of the United States Department of Labor.

(4) The May 10, 1991, increase shall be based upon the total percentage increase, if any, in the annual Consumer Price Index for the period of March 1, 1990, to February 28, 1991. Thereafter, increases shall be made on May 10 annually, based upon the percentage increase, if any, in the index for the period March 1 to February 28.

(5) The computations in this section shall be made by the director of labor and training and promulgated to insurers and employers making payments required by this section. Increases shall be paid by insurers and employers without further order of the court. If payment payable under this section is not paid within fourteen (14) days after the employer or insurer has been notified or it becomes due, whichever is later, there shall be added to the unpaid payment an amount equal to twenty percent (20%) of that amount, which shall be paid at the same time as, but in addition to, the payment.

(6) This section applies only to payment of weekly indemnity benefits to employees as described in subsection (f)(1) of this section, and does not apply to specific compensation payments for loss of use or disfigurement or payment of dependency benefits or any other benefits payable under the workers compensation act.

(7) Notwithstanding any other provision of the general laws or public laws to the contrary, any employee of the state of Rhode Island who is receiving workers compensation benefits for total incapacity, as a result of brain injury due to a violent assault, on or before July 19, 2005, shall be entitled to receive the health insurance benefit he or she was entitled to at the time of the injury for the duration of the total incapacity or until said employee and his or her spouse are both eligible for Medicare.
R.I. Gen. Laws § 28-7-10 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-10
§ 28-7-10. Mediation in labor disputes by board.
Status: in_force

Neither the board nor any of its agents or employees shall engage in any effort to mediate, conciliate, or arbitrate any labor dispute, but nothing contained in this section shall be construed to prevent the board, its agents, or employees from engaging in any effort to obtain voluntary adjustments and compliance with the terms and provisions of this chapter and in accordance with its purposes and policy. Provided, that nothing contained in this section shall be construed to prevent the board, its agents, or employees from arbitrating labor disputes that do not originate before the board.
R.I. Gen. Laws § 28-30-7 — RI Code / Title 28 / Chapter 28-30 / Section 28-30-7
§ 28-30-7. Clerical assistance to administrator.
Status: in_force

The administrator, with the approval of the chief judge of the workers compensation court, may employ any clerical assistance that he or she may require for copying, recording, indexing, and attending upon the files of the court, and may appoint additional staff as necessary.
R.I. Gen. Laws § 28-43-9 — RI Code / Title 28 / Chapter 28-43 / Section 28-43-9
§ 28-43-9. Balancing rate.
Status: in_force

(a) As of September 30, 1988, and on each subsequent computation date, the director shall determine the balancing rate percentage to be effective for the immediately following tax year in accordance with the balancing rate schedule in this subsection. The director shall charge to the employers account and credit to the balancing account in any manner and at any times, quarterly or otherwise, that the director shall prescribe, an amount obtained by multiplying the employers taxable wages for the calendar year immediately following the computation date, or any one or more quarters of that calendar year, by the product of the individual employers contribution rate for that calendar year and balancing rate percentage corresponding to the tax schedule in effect for the calendar year in accordance with the balancing rate schedule in this subsection:

(b) Notwithstanding any other provisions of this section, if the balance in the balancing account as of the computation date is greater than or equal to zero (0), then no balance charge shall be made against employer accounts for the immediately following tax year.

(c) Contributions required pursuant to any balancing percentage rate shall not be in addition to other contributions required by chapters 42  44 of this title.
R.I. Gen. Laws § 28-29-8 — RI Code / Title 28 / Chapter 28-29 / Section 28-29-8
§ 28-29-8. Election by exempt employers to be subject to law.
Status: in_force

(a) Employers exempted by § 28-29-7 may come within chapters 29  38 of this title by election. The election on the part of the employer shall be made by filing with the director a written statement to the effect that the employer accepts the provisions of those chapters. The filing of this statement shall operate to subject the employer to the provisions of those chapters and all acts amending those chapters for the term of one year from the date of the filing of the statement, and after that, without further act on the employers part, for successive terms of one year each, unless the employer shall, at least sixty (60) days prior to the expiration of that first or any succeeding year file with the director a notice, in writing, to the effect that the employer withdraws the election to be subject to the provisions of those chapters, and gives reasonable notice of this to the employers workers; provided, that any employer now subject to the provisions of those chapters shall not be required to file a further written statement of acceptance or subsequently post notices of the employers acceptance.

(b) Any employer, including any corporation officer, who or that is on December 31, 1998, subject to the provisions of chapters 29  38 of this title and who has not waived coverage pursuant to § 28-29-17 or by election, shall continue to be subject to those chapters and amendments to them unless or until the employer withdraws, in writing, the employers election to be subject to the provisions of those chapters pursuant to the provisions of subsection (a) of this section.
R.I. Gen. Laws § 28-20-4 — RI Code / Title 28 / Chapter 28-20 / Section 28-20-4
§ 28-20-4. Chief of division  Administrator of occupational safety and health  Compliance inspectors.
Status: repealed

(a) The director shall appoint the chief of the division of occupational safety. The appointee shall also serve for the purposes of coordinating and administering the provisions of this chapter and chapter 19 [repealed] of this title and of chapter 1.1 of title 23 as the state occupational safety and health administrator. The appointee shall be in the classified service of the state and shall be responsible to and report to the director. Functioning as chief, the appointee shall serve as administrative head of all occupational safety programs in the state. Safety and health programs may include in-service training and other educational programs relating to occupational safety and health. Functioning as state occupational safety and health administrator, the appointee shall administer the code adoption process and perform other duties necessary to coordinate occupational safety and health activities in the state and the inspection provisions under chapter 19 [repealed] of this title. He or she shall organize and present to the director by November 15 of each year a program of occupational safety and health inspections for the following fiscal year. The occupational safety and health administrator shall consult with the director of health on matters within his or her jurisdiction during the preparation of the program of inspections prior to submission to the director. The director of labor and training shall submit to the director of health by December 1 of each year the program of occupational safety and health inspections for the following year. The occupational safety and health administrator shall propose all penalties. The basis for each penalty determination shall be a report of noncompliance prepared by a safety or health compliance inspector. Each report of noncompliance shall be in writing and shall describe with particularity the nature of the violation including a reference to the provision of the code, rule, regulation, or order alleged to have been violated, and a copy shall be submitted to the occupational safety and health administrator.

(b) The division may apply for and accept grants, or enter into contracts with any governmental agency, federal, state, or local, or any agency branches, or with any foundation, corporation, association, or individual, and may comply with its terms, conditions, and limitations, for any of the purposes of this chapter. Any money so received may be expended by the division, subject to the limitations imposed in the grants or contracts, to effect any of the purposes of the division upon properly authenticated vouchers.

(c) The director shall appoint safety compliance inspectors who shall be in the classified service of the state. Safety compliance inspectors shall perform all duties necessary to determine compliance with the safety provisions of this chapter and shall be referred to as compliance inspectors. The director shall appoint any other employees that are necessary to carry out the provisions of this chapter.

(d) Nothing in this section shall be construed as terminating the services of any person now employed within the division of occupational safety who is presently qualified and within the classified service of the state. All such persons shall continue in the service of the division of occupational safety and their titles shall be changed to comply with the provisions of this chapter.
R.I. Gen. Laws § 28-39-3.3 — RI Code / Title 28 / Chapter 28-39 / Section 28-39-3.3
§ 28-39-3.3. Exemptions from employment.
Status: in_force

For the purposes of §§ 28-39-3.1 and 28-39-3.2, employment does not include services performed by:

(1) Elected officials;

(2) Individuals on any work-relief project undertaken by governmental entities;

(3) Members of the legislative body, or members of the judiciary of a political subdivision;

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

(5) Positions that, under or pursuant to the laws of this state, are designated as:

(i) Major non-tenured policymaking or advisory positions; or

(ii) Policymaking or advisory positions, the performance of the duties of which ordinarily does not require more than eight (8) hours per week.
R.I. Gen. Laws § 28-31-7 — RI Code / Title 28 / Chapter 28-31 / Section 28-31-7
§ 28-31-7. Proceedings involving state or municipality.
Status: in_force

Legal proceedings under chapters 29  38 of this title between the state, a city, or town as an employer and any employee of them shall be brought in the same manner and with the same force and effect as is prescribed herein for any other employer and employee; provided, that if the state is a party to any proceedings, the proceedings shall be brought for and in behalf of the state in the name of and by or against the department of administration, and service shall be made on the administrator of the division of state employees for workers compensation, and if a town or city is a party to any proceedings, the proceedings shall be brought for and in behalf of that town or city in the name of and by or against the treasurer of that town or city, and service shall be made on that treasurer. The department of administration may appear on behalf of the state or engage legal counsel to appear for and represent the state in any proceedings in which the state is a party. The provisions of any other law relating to the filing of claims or demands against a town or a city shall not apply to claims of compensation or legal proceedings arising under chapters 29  38 of this title to which a town or city is a party.
R.I. Gen. Laws § 28-33-10 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-10
§ 28-33-10. Dental, hospital, and medical services defined.
Status: in_force

(a) Dental services as used in §§ 28-33-5  28-33-9 includes services rendered in making, repairing, and replacing artificial teeth and dentures.

(b) Hospital services as used in §§ 28-33-5  28-33-9 includes any and all services normally furnished by the hospital for the care of patients.

(c) Medical services as used in §§ 28-33-5  28-33-9 includes palliative care services by a physician licensed by the state for twelve (12) visits, after reaching maximum medical improvement. Additional palliative care must be authorized by the insurer or self-insured employer. A request for additional palliative care must be submitted to the insurer or self-insured employer at least ten (10) working days prior to delivery of the services and shall include a treatment plan, including a time schedule of measurable objectives, a projected termination date of treatment, and an estimated total cost of services. The director shall promulgate rules governing a request for additional palliative care and review of any decision relating to it. Any disputes as to the definition of palliative care shall be resolved by the medical advisory board. These limitations on palliative care shall not apply to any conditions for which a contrary treatment protocol has been established by the medical advisory board.
R.I. Gen. Laws § 28-44-37 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-37
§ 28-44-37. Place of filing claims.
Status: in_force

Benefit claims shall be filed pursuant to regulations adopted as prescribed at an employment office or any other agency that the director may designate.
R.I. Gen. Laws § 28-42-28 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-28
§ 28-42-28. Federal funds for administration.
Status: in_force

All federal moneys allotted or apportioned to the state by the Secretary of Labor of the United States, or other federal agency, for the administration of chapters 42  44 of this title shall be paid into the employment security administration account, which shall be within the general fund.
R.I. Gen. Laws § 28-35-17.1 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-17.1
§ 28-35-17.1. Assessment of costs of delay.
Status: in_force

(a) With respect to any delay or continuance of any matter or proceeding before the workers compensation court, the court shall have the discretion to determine whether the delay or continuance was due to action or inaction, without just cause, on the part of an employer, employee, insurance carrier, or attorney or other representative of an employer, employee, or insurance carrier.

(b) Upon determination of the responsibility for any delay or continuance, the court shall have the authority to assess all direct costs or expenses incurred by any party or by the court as a result of the delay or continuance, or an appropriate penalty, including reasonable attorneys fees, upon the responsible employer, employee, insurance carrier, or attorney or other representative. All costs, expenses, reasonable attorneys fees, and penalties so assessed upon any delaying person or entity shall be disbursed as justice requires pursuant to the discretion of the court except attorneys fees, which shall be paid to the attorney for the non-delaying party.

(c) The workers compensation court shall, pursuant to § 28-30-12, promulgate rules and regulations to enforce this section.
R.I. Gen. Laws § 28-56-2 — RI Code / Title 28 / Chapter 28-56 / Section 28-56-2
§ 28-56-2. Social media password requests prohibited.
Status: in_force

No employer shall:

(1) Require, coerce, or request an employee or applicant to disclose the password or any other means for accessing a personal social media account;

(2) Require, coerce, or request an employee or applicant to access a personal social media account in the presence of the employer or representative;

(3) Require or coerce an employee or applicant to divulge any personal social media account information, except when reasonably believed to be relevant to an investigation of allegations of employee misconduct or workplace-related violation of applicable laws and regulations and when not otherwise prohibited by law or constitution; provided that the information is accessed and used solely to the extent necessary for purposes of that investigation or a related proceeding.
R.I. Gen. Laws § 28-7-18 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-18
§ 28-7-18. Runoff elections  Term of certification as bargaining representative.
Status: in_force

If at an election conducted pursuant to §§ 28-7-14  28-7-19, three (3) or more nominees for exclusive collective bargaining representatives appear on the ballot and no one of them receives a majority of the votes cast at the election, the two (2) nominees who received the highest number of votes shall appear on the ballot of a second election to be conducted under these provisions and the one receiving a majority of the votes cast at the second election shall be the exclusive representative of all the employees in the unit for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment. Notwithstanding any other provision contained in this chapter, any certification as to the bargaining representatives made pursuant to an election conducted under §§ 28-7-14  28-7-19 shall be effective for one year from the date of the election.
R.I. Gen. Laws § 28-43-8 — RI Code / Title 28 / Chapter 28-43 / Section 28-43-8
§ 28-43-8. Experience rates  Tables.
Status: in_force

(a)(1) Whenever, as of September 30, 2016, or any subsequent computation date, the amount in the employment security fund available for benefits is six and four-tenths percent (6.4%) or more of total payrolls as determined in §28-43-1(9) (reserve ratio of fund), an experience rate for each eligible employer for the immediately following calendar year shall be determined in accordance with schedule A in this subsection.

(2) Whenever, as of September 30, 2016, or any subsequent computation date, the amount in the employment security fund available for benefits is five and five-tenths percent (5.5%) but less than six and four-tenths (6.4%) of total payrolls as determined in §28-43-1(9) (reserve ratio of fund), an experience rate for each eligible employer for the immediately following calendar year shall be determined in accordance with schedule B in this subsection.

(3) Whenever, as of September 30, 2016, or any subsequent computation date, the amount in the employment security fund available for benefits is four and seventy-five hundredths percent (4.75%) but less than five and five-tenths percent (5.5%) of total payrolls as determined in §28-43-1(9) (reserve ratio of fund), an experience rate for each eligible employer for the immediately following calendar year shall be determined in accordance with schedule C in this subsection.

(4) Whenever, as of September 30, 2016, or any subsequent computation date, the amount in the employment security fund available for benefits is four percent (4.0%) but less than four and seventy-five hundredths percent (4.75%) of total payrolls as determined in §28-43-1(9) (reserve ratio of fund), an experience rate for each eligible employer for the immediately following calendar year shall be determined in accordance with schedule D in this subsection.

(5) Whenever, as of September 30, 2016, or any subsequent computation date, the amount in the employment security fund available for benefits is three and twenty-five hundredths percent (3.25%) but less than four percent (4.0%) of total payrolls as determined in §28-43-1(9) (reserve ratio of fund), an experience rate for each eligible employer for the immediately following calendar year shall be determined in accordance with schedule E in this subsection.

(6) Whenever, as of September 30, 2016, or any subsequent computation date, the amount in the employment security fund available for benefits is two and five-tenths percent (2.5%) but less than three and twenty-five hundredths percent (3.25%) of total payrolls as determined in §28-43-1(9) (reserve ratio of fund), an experience rate for each eligible employer for the immediately following calendar year shall be determined in accordance with schedule F in this subsection.

(7) Whenever, as of September 30, 2016, or any subsequent computation date, the amount in the employment security fund available for benefits is one and seventy-five hundredths percent (1.75%) but less than two and five-tenths percent (2.5%) of total payrolls as determined in §28-43-1(9) (reserve ratio of fund), an experience rate for each eligible employer for the immediately following calendar year shall be determined in accordance with schedule G in this subsection.

(8) Whenever, as of September 30, 2016, or any subsequent computation date, the amount in the employment security fund available for benefits is one percent (1.0%) but less than one and seventy-five hundredths percent (1.75%) of total payrolls as determined in §28-43-1(9) (reserve ratio of fund), an experience rate for each eligible employer for the immediately following calendar year shall be determined in accordance with schedule H in this subsection.

(9) Whenever, as of September 30, 2016, or any subsequent computation date, the amount in the employment security fund available for benefits is less than one percent (1.0%) of total payrolls as determined in §28-43-1(9) (reserve ratio of fund), an experience rate for each eligible employer for the immediately following calendar year shall be determined in accordance with schedule I in this subsection.

[See Tax Schedules]

(10) [Deleted by P.L. 2010, ch. 23, art. 22, §3].

(b) The contribution rate for each employer for a given calendar year shall be determined and the employer notified of it not later than April 1 next succeeding each computation date. That determination shall be binding unless an appeal is taken in accordance with provisions of §28-43-13.
R.I. Gen. Laws § 28-17-1 — RI Code / Title 28 / Chapter 28-17 / Section 28-17-1
§ 28-17-1. Definitions.
Status: in_force

(a) Employees trust as used in this chapter means any trust created by an employer for the maintenance and regulation of an apprentice training program, and any trust created as part of a stock bonus plan, pension plan, disability or death benefit plan, or profit sharing plan for the exclusive benefit of some or all of his or her employees or their beneficiaries, to which contributions are made by the employer or employees or both, for the purpose of distributing in accordance with the plan to those employees or their beneficiaries the earnings or the principal, or both earnings and principal, of the trust fund, provided that it is impossible under the trust instrument at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries under the trust for any part of the corpus or income to be at any time used for or diverted to purposes other than for the exclusive benefit of those employees or their beneficiaries.

(b) Employer as used in this chapter includes a group of employers or any combination of employers and a labor union creating a combined plan or trust for the benefit of their apprentices, employees, or the beneficiaries of employees.
R.I. Gen. Laws § 28-33-2.1 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-2.1
§ 28-33-2.1. Injuries occasioned by employer-sponsored social or athletic activities.
Status: in_force

No compensation shall be allowed for the injury or death of an employee occasioned by or during his or her voluntary participation in employer-sponsored social or nonprofessional athletic activity; provided, that the foregoing provision shall not bar the right of an employee to recover against an employer for tortious misconduct.
R.I. Gen. Laws § 28-42-69 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-69
§ 28-42-69. Complaints to invoke penalties.
Status: repealed

The director shall be the party complainant to any complaint and warrant brought to invoke the penalties provided for in §§ 28-42-62 [repealed], 28-42-62.1, 28-42-63 [repealed], and 28-42-63.1  28-42-67, and the director shall be exempt from giving surety for costs in any action.
R.I. Gen. Laws § 28-33-18.3 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-18.3
§ 28-33-18.3. Continuation of benefits  Partial incapacity.
Status: in_force

(a)(1) For all injuries occurring on or after September 1, 1990, in those cases where the employee has received a notice of intention to terminate partial-incapacity benefits pursuant to § 28-33-18, the employee, or his or her duly authorized representative, may file with the workers compensation court a petition for continuation of benefits on forms prescribed by the workers compensation court. In any proceeding before the workers compensation court on a petition for continuation of partial-incapacity benefits, where the employee demonstrates by a fair preponderance of the evidence that his or her partial incapacity poses a material hindrance to obtaining employment suitable to his or her limitation, partial-incapacity benefits shall continue. Any period of time for which the employee has received benefits for total incapacity shall not be included in the calculation of the three hundred and twelve-week (312) period.

(2) [Deleted by P.L. 2017, ch. 106, § 1 and P.L. 2017, ch. 266, § 1].

(b)(1) Where any employees incapacity is partial and has extended for more than three hundred and twelve (312) weeks and the employee has proved an entitlement to continued benefits under subsection (a), payments made to these incapacitated employees shall be increased annually on the tenth (10th) day of May thereafter so long as the employee remains incapacitated. The increase shall be by an amount equal to the total percentage increase in the annual Consumer Price Index, United States City Average for Urban Wage Earners and Clerical Workers, as formulated and computed by the Bureau of Labor Statistics of the United States Department of Labor for the period of March 1 to February 28 each year.

(2) Index, as used in this section, refers to the Consumer Price Index, United States City Average for Urban Wage Earners and Clerical Workers, as that index was formulated and computed by the Bureau of Labor Statistics of the United States Department of Labor.

(3) The annual increase shall be based upon the percentage increase, if any, in the Consumer Price Index for the month of a given year, over the index for February the previous year. Thereafter, increases shall be made on May 10 annually, based upon the percentage increase, if any, in the Consumer Price Index for the period of March 1 to February 28.

(4) The computations in this section shall be made by the director of labor and training and promulgated to insurers and employers making payments required by this section. Increases shall be paid by insurers and employers without further order of the court. If payment payable under this section is not mailed within fourteen (14) days after the employer or insurer has been notified by publication in a newspaper of general circulation in the state it becomes due, there shall be added to the unpaid payment an amount equal to twenty percent (20%) of it, to be paid at the same time as, but in addition to, the payment.

(5) This section applies only to payment of weekly indemnity benefits to employees as described in subsection (b)(1) and does not apply to specific compensation payments for loss of use or disfigurement or payment of dependency benefits or any other benefits payable under the workers compensation act.

(c) No petitions for commutation shall be allowed or entertained in those cases where an employee is receiving benefits pursuant to this section.
R.I. Gen. Laws § 28-58-7 — RI Code / Title 28 / Chapter 28-58 / Section 28-58-7
§ 28-58-7. Severability.
Status: in_force

If any provision of this chapter or any rule or regulation created under this chapter, or the application of any provision of this chapter to any person or circumstance shall be held invalid in any court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of such provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section of this chapter shall not affect the validity of the remainder of this chapter and to this end the provisions of the chapter are declared to be severable.
R.I. Gen. Laws § 28-43-8.5 — RI Code / Title 28 / Chapter 28-43 / Section 28-43-8.5
§ 28-43-8.5. Job development assessment.
Status: in_force

(a) For the tax years 2011 through 2014, each employer subject to this chapter shall be required to pay a job development assessment of fifty-one hundredths of one percent (0.51%) of that employers taxable payroll, in addition to any other payment that employer is required to make under any other provision of this chapter; provided, that the assessment shall not be considered as part of the individual employers contribution rate for the purpose of determining the individual employers balancing charge pursuant to § 28-43-9; provided, further, upon full repayment of any outstanding principal and/or interest due on Title XII advances received from the federal government in accordance with the provisions of section 1201 of the Social Security Act [42 U.S.C. § 1321], including any principal and/or interest that accrues on debt from a state revenue bond or other financing mechanism used to repay the Title XII advances, then the job development assessment shall be reduced to twenty-one hundredths of one percent (0.21%) beginning the tax quarter after the full repayment occurs. The tax rate for all employers subject to the contribution provisions of chapters 42  44 of this title shall be reduced by twenty-one hundredths of one percent (0.21%). For tax year 2015 and subsequent years, except tax year 2019, each employer subject to this chapter shall be required to pay a job development assessment of twenty-one hundredths of one percent (0.21%) of that employers taxable payroll, in addition to any other payment which that employer is required to make under any other provision of this chapter; provided, that the assessment shall not be considered as part of the individual employers contribution rate for the purpose of determining the individual employers balancing charge pursuant to § 28-43-9. The tax rate for all employers subject to contribution provisions of chapters 42  44 of this title shall be reduced by twenty-one hundredths of one percent (0.21%). For tax year 2019, each employer subject to this chapter shall be required to pay a base job development assessment of twenty-one hundredths of one percent (0.21%) of that employers taxable payroll, plus a job development assessment adjustment as computed pursuant to subsection (b) of this section, in addition to any other payment which that employer is required to make under any other provision of this chapter; provided, that:

(1) The assessment shall not be considered as part of the individual employers contribution rate for the purpose of determining the individual employers balancing charge pursuant to § 28-43-9; and

(2) A job development adjustment shall be computed only if tax schedule A through H is scheduled to be in effect for the ensuing calendar year; and

(3) The employment security fund earned interest in the prior calendar year.

(b) On September 30, 2018, the job development assessment adjustment shall be computed to determine the job development assessment that will be in effect during the ensuing calendar year. The adjustment shall be computed by dividing the interest earned by the employment security fund in the prior calendar year by one hundred ten percent (110%) of the taxable wages in the prior calendar year. The result shall be rounded down to the nearest one hundredth of a percent (0.01%).

(1) In no event may the revenues made available to the job development fund by the job development assessment adjustment exceed seventy-five percent (75%) of the interest earned by the employment security fund in the prior calendar year. All revenues collected after seventy-five percent (75%) of the employment security funds prior year interest has been deposited into the job development fund shall be deposited into the employment security fund forthwith.

(c) The tax rate for all employers subject to contribution provisions of chapters 42  44 of this title shall be reduced by the total combined job development assessment and adjustment as determined under subsection (b) of this section.

(d) In no event may the job development assessment adjustment negatively impact contributing employers by either preventing the tax schedule to be in effect for the ensuing calendar year from dropping from a higher schedule or causing the tax schedule to be in effect for the ensuing calendar year to be raised to a higher schedule.

(1) If the tax schedule, as determined by the reserve ratio of the employment security fund on September 30, 2018, would be different than the tax schedule determined if the unadjusted reserve ratio of the fund were used to determine the tax schedule for the ensuing calendar year, the department shall do one of the following to ensure that the tax schedule to be in effect for the ensuing calendar year is unaffected by the job development assessment adjustment:

(i) Make any necessary transfers from available job development fund resources to the employment security trust fund to establish a reserve ratio that would represent the ratio that would have been in effect should the job development assessment adjustment not have been performed in the prior year; or

(ii) Perform no job development assessment adjustment in the ensuing calendar year.
R.I. Gen. Laws § 28-21-11 — RI Code / Title 28 / Chapter 28-21 / Section 28-21-11
§ 28-21-11. Exclusions.
Status: in_force

(a) This chapter does not apply to any designated substance that is a food, drug, cosmetic, or tobacco product if the substance is intended for personal consumption by employees while in the workplace. Additionally, the chapter does not apply to any consumer product and/or food stuff in its finished state packaged for distribution to and intended or retail sale to and use or consumption by the general public.

(b)(1) This chapter does not apply to hazardous or toxic substances being developed or used only in laboratories; laboratories include all laboratories except those laboratories that provide quality control or other support to a manufacturing process or laboratories that produce products for commercial purposes; provided, that:

(i) The employer ensures that labels on incoming containers of hazardous or toxic chemicals are not removed or defaced;

(ii) The employer maintains any material safety data sheets or other pertinent data for incoming shipments of hazardous or toxic chemicals and ensures that they are readily accessible to laboratory employees; and

(iii) The employer shall ensure that laboratory employees are apprised of the hazards of the chemicals in their work place in accordance with subdivision (2) of this subsection.

(2) Laboratory employees information and training. (i)Employers shall provide all employees including support personnel and students with information and training on hazardous and toxic substances in their work area at the time of their initial assignment and whenever a new hazard is introduced into their work area.

(ii) New chemicals being developed in research activities are exempt from the requirements of this subdivision.

(iii) Employees shall be informed of:

(A) The requirements of this section.

(B) Any operations in their work area where hazardous and toxic chemicals are present.

(C) The location and availability of material safety data sheets and other written sources of chemical hazard information.

(iv) Employee training shall include at least:

(A) Methods and observations that may be used to detect the presence or release of a hazardous or toxic substance in the work area, such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous or toxic chemicals when being released, etc.;

(B) The physical and health hazards of the substances in the work area;

(C) The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous or toxic substances, such as appropriate work practices, emergency procedures, and personal protective equipment to be used.

(3) Employers shall provide to the person responsible for the administration and direction of a fire department in a fire district or municipality, including a fire chief or fire administrator or that persons designee:

(i) A list of storage areas, sufficiently identified by name and location, where hazardous and toxic substances in unit quantities greater than two gallons (2 gals.) or 10 pounds (10 lbs.) are stored, including a full description of the types of hazards present on a generic basis rather than for each individual material.

(ii) The person responsible for the administration and direction of a fire department in a fire district or municipality, including a fire chief or fire administrator or that persons designee, shall maintain the information provided by the employer under paragraph (i) of this subdivision and shall provide copies of this information:

(A) To fire suppression and fire inspection divisions within the same jurisdiction;

(B) Upon request, to any fire department employee or an employee representative of a fire department employee; and

(C) In the event of an emergency, a full list of substances present and involved in the incident shall be made available to fire personnel within forty-eight (48) hours subsequent to the emergency.

(c)(1) This chapter does not apply to any designated substances being transported by truck where the substances are regulated by the United States Department of Transportation under rules and regulations on hazardous and dangerous substances as contained in 49 C.F.R. Compliance with the regulations shall be deemed to satisfy the listing, training, and labeling requirements of this chapter for those employees engaged in the actual transporting of the substance.

(2) For the purposes of this subsection, transport means only the actual hauling of manifested products in marked containers.

(d) This chapter does not apply to exposure to any materials removed in actual trash collection. This exclusion shall not apply to substances used in the processing of these waste products.
R.I. Gen. Laws § 28-42-50 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-50
§ 28-42-50. Applicability of administrative provisions.
Status: in_force

Sections 35-1-1, 35-1-2, 35-3-1, 35-6-1, 35-7-10, 35-7-11, 37-2-1  37-2-4, and 44-1-1  44-1-3 shall be applicable to all functions and duties performed by the department of labor and training, its director, or his or her authorized representative; provided, that all those functions and duties as are to be performed under chapters 42  44 of this title by the department of administration shall not be inconsistent with and shall conform to the federal Social Security Act, 42 U.S.C. § 301 et seq.
R.I. Gen. Laws § 28-30-16.2 — RI Code / Title 28 / Chapter 28-30 / Section 28-30-16.2
§ 28-30-16.2. Retirement of judges engaged after July 2, 1997, on full pay.
Status: in_force

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

(1) Subsequent to July 2, 1997, and prior to January 1, 2009, has served as a workers compensation judge for twenty (20) years and has reached the age of sixty-five (65) years, or has served for fifteen (15) years and reached the age of seventy (70) years, he or she may retire from regular active service and subsequently he or she shall receive annually during his or her life a sum equal to his or her average highest three (3) consecutive years of compensation;

(2) On or after January 1, 2009, and prior to July 1, 2009, has served as a workers compensation judge for twenty (20) years and has reached the age of sixty-five (65) years, or has served for fifteen (15) years and reached the age of seventy (70) years, he or she may retire from regular active service and subsequently he or she shall receive annually during his or her life a sum equal to ninety percent (90%) of his or her average highest three (3) consecutive years of compensation; and

(3) On or after July 1, 2009, has served as a workers compensation judge for twenty (20) years and has reached the age of sixty-five (65) years, or has served for fifteen (15) years and reached the age of seventy (70) years, he or she may retire from regular active service and subsequently he or she shall receive annually during his or her life a sum equal to eighty percent (80%) of his or her average highest five (5) consecutive years of compensation.

(b) Whenever a judge or magistrate shall be granted a leave of absence without pay, the absence shall not be credited towards active service time for the purposes of retirement.

(c) Any judge who retires in accordance with the provisions of this section shall at the direction of the chief justice of the supreme court, subject to the retirees physical and mental competence be assigned to perform those services as a judge that the chief judge prescribes. When so assigned and performing that service, the retiree shall have all the powers and authority of a judge. The retired judge shall not be counted in the number of judges provided by law for the workers compensation court.
R.I. Gen. Laws § 28-12-17 — RI Code / Title 28 / Chapter 28-12 / Section 28-12-17
§ 28-12-17. Payment of substandard wages.
Status: in_force

Any employer who or that pays or agrees to pay wages at a rate less than the rate applicable under this chapter shall be deemed in violation of this chapter and shall, upon conviction, be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisoned for not less than ten (10) days nor more than ninety (90) days, or both, and each week for any portion of which the employer failed to pay any employee less than the rate applicable under this chapter shall constitute a separate offense as to each employee.
R.I. Gen. Laws § 28-18-9 — RI Code / Title 28 / Chapter 28-18 / Section 28-18-9
§ 28-18-9. Subpoena powers.
Status: in_force

In the administration of this chapter the director or his or her authorized representative shall have the power to administer oaths; take affidavits and the depositions of witnesses; and issue subpoenas for and compel the attendance of witnesses and the production of papers, books, accounts, payrolls, documents, records, testimony, and other evidence of whatever description.
R.I. Gen. Laws § 28-32-2 — RI Code / Title 28 / Chapter 28-32 / Section 28-32-2
§ 28-32-2. Penalty for failure to report.
Status: in_force

(a) Any employer who or that refuses or neglects to make the reports required by the provisions of § 28-32-1 may be assessed a penalty of two hundred fifty dollars ($250) by the director for each refusal or neglect to make a report.

(b) The workers compensation court shall have jurisdiction to enforce compliance with any order of the director made pursuant to this section. The director, in his or her discretion, may bring a civil action to collect all penalties assessed.

(c) All penalties collected pursuant to this section shall be deposited in the general fund.
R.I. Gen. Laws § 28-48-6 — RI Code / Title 28 / Chapter 28-48 / Section 28-48-6
§ 28-48-6. Judicial enforcement.
Status: in_force

A civil action may be brought in the superior court by an employee or by the director against any employer to enforce the provisions of this title or of any order issued by the director pursuant to § 28-48-7. The court may enjoin any act or practice that violates or may violate any provision of this chapter, and may order any other equitable relief that is necessary and appropriate to redress the violation or to enforce any provision of this chapter.
R.I. Gen. Laws § 28-45-14 — RI Code / Title 28 / Chapter 28-45 / Section 28-45-14
§ 28-45-14. State EEO plan.
Status: in_force

The state apprenticeship system shall operate in conformance with the state plan for equal employment opportunity in registered apprenticeship programs as adopted by the Rhode Island department of labor and training.
R.I. Gen. Laws § 28-39-31 — RI Code / Title 28 / Chapter 28-39 / Section 28-39-31
§ 28-39-31. Prosecution of criminal actions.
Status: in_force

All criminal actions for any violation of chapters 39  41 of this title or any rule or regulation of the department shall be prosecuted by the attorney general or by any qualified member of the Rhode Island bar that shall be designated by the director and approved by the attorney general to institute and prosecute that action.
R.I. Gen. Laws § 28-27-24 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-24
§ 28-27-24. Recommendations of board  Order of the director  Appeal.
Status: in_force

(a) The board, upon the completion of any hearing held on a verified complaint, shall present to the director of labor and training a written report of its findings and recommendations. The director shall then order that the license of the licensee charged shall be revoked or suspended, or impose a fine of one thousand five hundred dollars ($1,500) for a first violation and two thousand dollars ($2,000) for any subsequent violation within one year of the first violation, or that the complaint shall be dismissed in accordance with the recommendations. A copy of the order shall be immediately served upon the licensee and/or violator personally or by registered or certified mail. The order of the board is final unless the licensee and/or violator so charged or complainant within twenty (20) days after receipt of the order files an appeal with the director. The appeal will be determined by the administrator of the division or his or her designee. The director may accept or reject, in whole or in part, the recommended order of the board. The order of the director shall be final, and a copy of it shall be immediately served upon the person, firm, or corporation assessed.

(b) The division is considered a person for the purpose of this section.

(c) The chief of the section shall act as an investigator with respect to the enforcement of all the provisions of law relative to the licensing of pipefitting, refrigeration, sprinkler fitting, and sheet metal and, to this effect, whenever a complaint is made by the chief of the section to the department of labor and training director, or designee, that the provisions of this chapter are being violated, the director of the department of labor and training, or designee, may issue an order to cease and desist from that violation and may impose the above penalties against the violator and against the contractor. Each individual person acting in violation of the provisions of this chapter shall constitute a separate offense to any violator and/or contractor assessed a penalty under this section.
R.I. Gen. Laws § 28-42-14.1 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-14.1
§ 28-42-14.1. Treatment of Indian tribes.
Status: in_force

(a) Employer includes any Indian tribe for which service in employment as defined under chapters 42  44 of this title is performed.

(b) Employment includes service performed in the employ of an Indian tribe, as defined in section 3306(u) of the Federal Unemployment Tax Act (FUTA), 26 U.S.C. § 3306(u), provided the service is excluded from employment as defined in FUTA solely by reason of section 3306(c)(7), FUTA, 26 U.S.C. § 3306(c)(7), and is not otherwise excluded from employment under chapters 42  44 of this title. For the purposes of this section, the exclusions from employment in § 28-42-14 shall be applicable to service performed in the employ of an Indian tribe.

(c) Benefits based on service in employment defined in this section shall be payable in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service required to be covered under chapters 42  44 of this title.

(d)(1) Indian tribes or tribal units (subdivisions, subsidiaries or business enterprises wholly owned by such Indian tribes) subject to the provisions of chapters 42  44 of this title shall pay contributions under the same terms and conditions as all other subject employers, unless they elect to pay into the employment security fund amounts equal to the amount of benefits attributable to service in the employ of the Indian tribe.

(2) Indian tribes electing to make payments in lieu of contributions must make that election in the same manner and under the same conditions as provided in §§ 28-43-24 and 28-43-28  28-43-31 pertaining to state and local governments and nonprofit organizations subject to the provisions of chapters 42  44 of this title. Indian tribes will determine if reimbursement for benefits paid will be elected by the tribe as a whole, by individual tribal units, or by combinations of individual tribal units.

(3) Indian tribes or tribal units will be billed for the full amount of benefits attributable to service in the employ of the Indian tribe or tribal unit on the same schedule as other employing units that have elected to make payments in lieu of contributions.

(4) At the discretion of the director, any Indian tribe or tribal unit that elects to become liable for payments in lieu of contributions shall be required within thirty (30) days after the effective date of its election, to:

(i) Execute and file with the director a surety bond approved by the director; or

(ii) Deposit with the director money or securities on the same basis as other employers with the same election option.

(e)(1)(i) Failure of the Indian tribe or tribal unit to make required payments, including assessments of interest and penalty, within ninety (90) days of receipt of the bill will cause the Indian tribe to lose the option to make payments in lieu of contributions, as described in subsection (d), for the following tax year unless payment in full is received before contribution rates for the next tax year are computed.

(ii) An Indian tribe that loses the option to make payments in lieu of contributions due to late payment or nonpayment, as described in subsection (e)(1)(i) of this section, shall have that option reinstated if, after a period of one year, all contributions have been made timely, provided no contributions, payments in lieu of contributions for benefits paid, penalties, or interest remain outstanding.

(2)(i) Failure of the Indian tribe or any of its tribal units to make required payments, including assessments of interest and penalty, after all collection activities deemed necessary by the director have been exhausted, will cause services performed for that tribe to not be treated as employment for purposes of subsection (b) of this section.

(ii) The director may determine that any Indian tribe that loses coverage under subsection (e)(2)(i) of this section may have services performed for that tribe again included as employment for purposes of subsection (b) of this section if all contributions, payments in lieu of contributions, penalties, and interest have been paid.

(iii) The director will notify the United States Internal Revenue Service and the United States Department of Labor of any termination or reinstatement of coverage made under subsections (e)(2)(i) and (ii) of this section.

(f) Notices of payment and reporting delinquency to Indian tribes or their tribal units shall include information that failure to make full payment within the prescribed time frame:

(1) Will cause the Indian tribe to be liable for taxes under FUTA;

(2) Will cause the Indian tribe to lose the option to make payments in lieu of contributions;

(3) Could cause the Indian tribe to be excepted from the definition of employer, as provided in subsection (a) of this section, and services in the employ of the Indian tribe, as provided in subsection (b) of this section, to be excepted from employment.

(g) Extended benefits paid under the provisions of § 28-44-62 that are attributable to service in the employ of an Indian tribe and not reimbursed by the federal government shall be financed in their entirety by the Indian tribe.
R.I. Gen. Laws § 28-12-25 — RI Code / Title 28 / Chapter 28-12 / Section 28-12-25
§ 28-12-25. Uniformity.
Status: in_force

No municipality shall establish, mandate, or otherwise require an employer to pay a minimum wage to its employees, other than the state or federal mandated minimum wage, or to apply a state or federal minimum wage law to wages statutorily exempt from a state or federal minimum wage requirement.
R.I. Gen. Laws § 28-41-21 — RI Code / Title 28 / Chapter 28-41 / Section 28-41-21
§ 28-41-21. Decision of appeal tribunal or referee.
Status: in_force

(a) After a hearing, an appeal tribunal shall make findings and conclusions promptly and on the basis of the findings and conclusions affirm, modify, or reverse the directors determination. Each party shall be promptly furnished a copy of the decision and the supporting findings and conclusions. This decision shall be final unless further review is initiated pursuant to § 28-41-22 within fifteen (15) days after the decision has been mailed to each partys last known address or otherwise delivered to him or her, provided that that period may be extended for good cause.

(b) A decision of the referee of the board of review shall be honored and complied with until or unless modified or overruled by the board or a court of competent jurisdiction.
R.I. Gen. Laws § 28-46-7 — RI Code / Title 28 / Chapter 28-46 / Section 28-46-7
§ 28-46-7. Tax liability and lien.
Status: in_force

After the investigation of the employer, the director shall certify to the tax administrator the total amount of nonvested pension benefits that are includable in determining an employers tax liability under this chapter and the amount of those benefits that have been compromised or settled to the satisfaction of the commissioner. The tax administrator shall determine the amount of an employers tax liability under this chapter and shall notify the employer of the amount of the tax. The tax shall be due and payable to the tax administrator on the date that the employer ceases to operate its place of employment and shall be a lien upon all of the employers assets within this state. If the tax is not paid when due, the employer shall be liable for interest on the amount due at the rate of six per cent (6%) per annum until the tax and interest are paid.
R.I. Gen. Laws § 28-44-39 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-39
§ 28-44-39. Initial determination  Notice  Reconsideration of monetary determination  Reconsideration of initial non-monetary determination  Discovery of issue  Appeal  Interested party.
Status: in_force

(a)(1) The director shall promptly determine:

(i) Whether or not the claimant has met the eligibility requirements set forth in §28-44-11. Thereupon the director shall promptly notify the claimant in writing of that monetary determination, including the reasons upon which the monetary determination was based. The director may at any time within one year from the date of the monetary determination, either upon request of the claimant or on his or her own motion, reconsider that determination if he or she finds that an error in computation or in identity has occurred in connection with it, or that additional wages pertinent to the status of the claimant have become available, or if that initial monetary determination was made as a result of a nondisclosure or misrepresentation of a material fact. The notice to an eligible claimant shall also include information as to his or her benefit year, his or her weekly benefit amount, his or her augmented weekly benefit amount if he or she has dependents, and the maximum amount of benefit credits to which he or she is entitled for unemployment during his or her benefit year;

(ii) Whether or not the claimant is disqualified under any of the provisions of §§28-44-7, 28-44-12, 28-44-13, 28-44-16  28-44-21, 28-44-61, 28-44-62, 28-42-62.1, 28-44-63, 28-44-66 through 28-44-70, and 28-42-68. If the director determines that the claimant is not eligible to receive waiting period credit or benefits for any week or weeks due to a disqualification imposed under any of the provisions referred to in this subdivision, he or she shall promptly furnish to that claimant and to all interested parties, other than the board of review, written notice of that non-monetary determination together with a statement containing the reasons for the non-monetary determination and the period of disqualification. The director, on his or her own motion, may at any time within one year from the date of the initial non-monetary determination set forth in this subdivision, reconsider the initial non-monetary determination if he or she finds that an error has occurred in connection with it or that the determination was a result of a mistake. If that initial non-monetary determination was made as the result of nondisclosure or misrepresentation of a material fact, then the director may reconsider the initial non-monetary determination within one year from the date of the discovery of the nondisclosed or misrepresented fact; provided, that no issue shall be addressed that is older than six (6) years as of the date of detection of the issue.

(2) If the director determines that the claimant is eligible to receive waiting period credit or benefits, he or she shall promptly furnish a written notice of that determination to the claimant and to all interested parties other than the board of review. All notices issued under this section shall contain a statement of the appeal rights of the parties.

(b) Unless the claimant or any other interested party entitled to notice requests a hearing within fifteen (15) days after the notice of determination has been mailed by the director to the last known address of the claimant and of any other interested party, the determination shall be final. For good cause shown the fifteen-day (15) period may be extended.

(c) For the purpose of this chapter, an interested party is deemed to be the director, the board of review, the claimant, and any employer or employing unit who or that has furnished information other than wage information in accordance with §28-44-38(c).

(d) The director may, upon discovery of a previously undetected or unknown issue under the provisions of, or laws cited in, subdivisions (a)(1)(i) and (a)(1)(ii), conduct a fact-finding investigation and may render a monetary or non-monetary initial determination of the issue within one year from the date of discovery of that issue; provided that no issue shall be addressed that is older than six (6) years as of the date of detection of the issue.
R.I. Gen. Laws § 28-42-80 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-80
§ 28-42-80. Treasurer of tardy account fund  Bond  Investments.
Status: in_force

(a) The general treasurer shall be custodian and treasurer of the tardy account fund. The general treasurer shall have custody of all moneys belonging to the fund and not otherwise held, deposited, or invested pursuant to chapters 42  44 of this title.

(b) The general treasurer shall give bond conditioned on the faithful performance of his or her duties as custodian and treasurer of the fund, in a form prescribed by statute and approved by the attorney general, and in amount specified by the director and approved by the governor. All premiums upon bonds required pursuant to this section when furnished by an authorized surety company or by a duly constituted governmental bonding fund shall be paid from the moneys in the employment security administration account. The general treasurer shall deposit the moneys in his or her custody subject to the provisions of chapters 42  44 of this title.

(c) The general treasurer, as the custodian of the fund, shall hold, invest, transfer, sell, deposit, and release those moneys, properties, or securities in a manner approved by the director in accordance with chapters 42  44 of this title. These moneys shall be invested in the classes of securities legal for the investment of public moneys of this state. This investment shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the expenditures specified in § 28-42-79. All investment earnings derived from tardy fund balances shall be deposited into a restricted-receipt account within the general fund and shall be exempt from the provisions of § 35-4-27. These funds are to be used solely to pay for administrative expenses of the department of labor and training.
R.I. Gen. Laws § 28-3-3 — RI Code / Title 28 / Chapter 28-3 / Section 28-3-3
§ 28-3-3. Issuance of limited permits for work by children.
Status: in_force

The school committee of each city or town, or any person the school committee may designate, may issue for any child who has completed fourteen (14) years of age a special limited permit to work, permitting the employment of the child on days on which schools are not in session, and on school days at hours in which schools are not in session, at any legal employment and subject to the requirements of law limiting the employment of children, but not for employment in factories or in mechanical or manufacturing establishments. The permits to work shall be uniform throughout the state, and the permit to work form shall be prescribed and provided by the department of labor and training. A child must certify to the department that they have successfully completed a training program created by the department that would address workers rights, workplace health and safety, and workers compensation before a permit can be issued. The program shall be no longer than three (3) hours and shall be available virtually. The content, cost, and funding for this training program shall be determined by rules and regulations promulgated by the department of labor and training. The school committee of each city or town, or any person the school committee may designate to issue the permits to work provided for in this section, shall keep on file a copy of each permit to work granted, together with the evidence on which the permit to work was granted.
R.I. Gen. Laws § 28-18-5.1 — RI Code / Title 28 / Chapter 28-18 / Section 28-18-5.1
§ 28-18-5.1. Contractors permit required.
Status: in_force

No person in any industry where experience has proven that homework in the industry is not susceptible of effective regulations shall deliver, distribute, supply, or furnish any materials to be processed by another person unless that person has been issued a contractors permit by the director of labor and training.
R.I. Gen. Laws § 28-3-3.2 — RI Code / Title 28 / Chapter 28-3 / Section 28-3-3.2
§ 28-3-3.2. Revocation or suspension of permit.
Status: in_force

The permit of any child issued pursuant to § 28-3-3 may be revoked or suspended by the school committee that issued the permit if upon the recommendation of the principal of the school that the child attends, to the school committee, that the issuance of the permit appears detrimental to the well-being of the student, detrimental to the academic success of the student, or the student has failed to comply with all of the legal requirements concerning school attendance. The child shall be afforded written notice and a hearing before the school committee before any revocation or suspension takes effect. All hearings pursuant to this chapter shall be closed in accordance with the provisions of §§ 42-46-4 and 42-46-5(a)(1). The refusal of any child to surrender his or her permit after it has been revoked shall be a violation of this chapter.
R.I. Gen. Laws § 28-36-17 — RI Code / Title 28 / Chapter 28-36 / Section 28-36-17
§ 28-36-17. Liability of employer unimpaired.
Status: in_force

Sections 28-36-15 and 28-36-16 shall not affect any other liability of the employer under chapters 29  38 of this title.
R.I. Gen. Laws § 28-35-8 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-8
§ 28-35-8. Filing of nonprejudicial memorandum of agreement.
Status: in_force

(a) Notwithstanding § 28-35-1, if the employer files a memorandum of agreement but specifically designates that agreement as nonprejudicial or without prejudice, the employer may pay weekly compensation benefits not exceeding thirteen (13) weeks. In these cases, the employer shall send a copy of the nonprejudicial memorandum and any amendments to it to the employee and his or her attorney or the representative of the decedent and his or her attorney by certified mail, return receipt requested, at the same time as it is filed with the department in the same manner as if it were a memorandum of agreement. The nonprejudicial memorandum of agreement shall contain all information as directed by § 28-35-1. Having done so, the nonprejudicial memorandum of agreement and any action taken pursuant to it shall be without prejudice to any party subsequently maintaining any position as to employer liability for payments under chapters 29  38 of this title, maintainable in the absence of an agreement. If at any time within or at the close of the thirteen-week (13) period after payments of compensation have commenced the employer or insurer terminates weekly payments to the employee or to those entitled to payments on account of death of an employee, the employer or insurer shall notify the employee and his or her attorney or the representative of the decedent employee and his or her attorney within ten (10) days on a form prescribed by the department that:

(1) Payments have terminated;

(2) The claim has not been formally accepted; and

(3) The employee has the right to file a petition, within the two-year (2) limitation as set forth in § 28-35-57, to formally establish liability of the employer or insurer.

(b) If the employer or insurer makes payments of weekly benefits to the employee or to those entitled to payments on account of death of an employee for more than the thirteen-week (13) period, the payments shall constitute a conclusive admission of liability and ongoing incapacity as to the injuries set forth in the nonprejudicial memorandum of agreement. The employer or insurer shall within ten (10) days of making additional payments file a memorandum of agreement pursuant to § 28-35-1.
R.I. Gen. Laws § 28-40-8 — RI Code / Title 28 / Chapter 28-40 / Section 28-40-8
§ 28-40-8. Date from which employees become subject to provisions.
Status: in_force

If any employing unit that is or becomes an employer subject to chapters 39  41 of this title within the calendar year 1942, or within any calendar year after that, the employees of that employing unit shall become subject to all the provisions of those chapters from the date upon which that employing unit became an employer subject to the provisions of those chapters.
R.I. Gen. Laws § 28-26-2 — RI Code / Title 28 / Chapter 28-26 / Section 28-26-2
§ 28-26-2. Licensing section.
Status: in_force

(a) The present board of examiners shall constitute a section within the department of labor and training to be known as the hoisting engineers licensing section.

(b) Chief. The director of the department of labor and training shall appoint a resident of this state who has fifteen (15) years of practical experience as a hoisting engineer and has possessed a full license for fifteen (15) years, to the position of chief investigator of the hoisting engineers licensing section within the division of professional regulations.
R.I. Gen. Laws § 28-31-5 — RI Code / Title 28 / Chapter 28-31 / Section 28-31-5
§ 28-31-5. Payment of benefits for state employees.
Status: in_force

(a) The expenses incurred for and in behalf of the state under the provisions of §§ 28-31-3, 28-33-5, 28-33-12, 28-33-16, 28-33-17, 28-33-18, 28-33-19, 28-33-34, 28-33-35, 28-33-36, 28-33-37, and 28-33-39 and for benefits similar to the benefits provided for employees of employers other than the state under the provisions of § 28-37-8 as determined by a prior agreement or settled as provided by § 28-31-4 or by the departments preliminary determination or decree of the workers compensation court, shall be paid out of any money in the state treasury not otherwise appropriated and the state controller shall draw his or her order or orders upon the general treasurer for the payment of the claim in accordance with the provisions of the agreement, preliminary determination, or decree upon receipt by the controller of a copy of the agreement or preliminary determination certified by the director or of a copy of the decree certified by the administrator of the workers compensation court.

(b) Payments for continuing total incapacity until the employees total incapacity has ended or until his or her death similar to the payments that are provided for employees of employers other than the state by § 28-37-8 shall in the case of an employee of the state be paid out of any money in the state treasury not otherwise appropriated.

(c) Benefits similar to the provisions of § 28-37-8 shall be paid to employees of the state whose final payment attaining the maximum limit for compensation for total incapacity as provided by § 28-33-17 is paid subsequent to January 1, 1969, and who continue to be totally incapacitated for work due to an injury sustained while employed by the state.

(d) The provisions of this section are subject to the provisions of § 28-33-18.2.
R.I. Gen. Laws § 28-9-9 — RI Code / Title 28 / Chapter 28-9 / Section 28-9-9
§ 28-9-9. Court order directing arbitrators to proceed promptly.
Status: in_force

The court shall have the power to direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
R.I. Gen. Laws § 28-30-5.1 — RI Code / Title 28 / Chapter 28-30 / Section 28-30-5.1
§ 28-30-5.1. Vacancy in office of deputy administrator.
Status: in_force

In the event that a vacancy occurs in the office of the deputy administrator, the administrator, with the approval of a majority of the judges, shall appoint a duly qualified person to act as deputy administrator under the provisions of this chapter to fill the vacancy for the balance of the unexpired term; provided, further, that the person so appointed shall continue to fill the vacancy until his or her successor is duly appointed and qualified.
R.I. Gen. Laws § 28-29-21 — RI Code / Title 28 / Chapter 28-29 / Section 28-29-21
§ 28-29-21. Wrongful death law inapplicable.
Status: in_force

In all cases where an employer and employee have elected to become subject to the provisions of chapters 29  38 of this title, the provisions of chapter 7 of title 10 shall not apply while those chapters are in effect.
R.I. Gen. Laws § 28-39-28 — RI Code / Title 28 / Chapter 28-39 / Section 28-39-28
§ 28-39-28. Disposition of fines.
Status: in_force

All fines specified or provided for in §§ 28-39-23  28-39-27 shall be paid to the temporary disability insurance reserve fund.
R.I. Gen. Laws § 28-51-2 — RI Code / Title 28 / Chapter 28-51 / Section 28-51-2
§ 28-51-2. Adoption of workplace policy and statement.
Status: in_force

(a) All employers and employment agencies shall promote a workplace free of sexual harassment.

(b) Every employer shall:

(1) Adopt a policy against sexual harassment that shall include:

(i) A statement that sexual harassment in the workplace is unlawful;

(ii) A statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment;

(iii) A description and examples of sexual harassment;

(iv) A statement of the range of consequences for employees who are found to have committed sexual harassment;

(v) A description of the process for filing internal complaints about sexual harassment and the work addresses and telephone numbers of the person or persons to whom complaints should be made; and

(vi) The identity of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact these agencies.

(2) Provide to all employees a written copy of the employers policy against sexual harassment; provided, that a new employee shall be provided such a copy at the time of his or her employment.

(c) Employers are encouraged to conduct an education and training program for new employees and members, within one year of commencement of employment or membership, that includes at a minimum the information set forth in this section. Employers are encouraged to conduct additional training for new supervisory and managerial employees within one year of commencement of employment that shall include at a minimum the information set forth in subsection (b), the specific responsibilities of supervisory and managerial employees, and the methods that these employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Employers and appropriate state agencies are encouraged to cooperate in making this training available.

(d) Employers shall provide copies of their written policies on sexual harassment to all employees upon their request.

(e) Employers shall be required to maintain copies of their written policies on sexual harassment at their business premises, and copies of the policies shall be made available to any state or federal employment discrimination enforcement agency upon request.
R.I. Gen. Laws § 28-20-21 — RI Code / Title 28 / Chapter 28-20 / Section 28-20-21
§ 28-20-21. Discrimination on account of complaint.
Status: in_force

(a) No employer shall discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any proceeding; or because of the exercise by that employee on behalf of himself or herself or others of any right afforded by this chapter.

(b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of this section may, within thirty (30) days after the violation occurs, file a written complaint with the director alleging the discrimination. Upon receipt of the complaint, the director shall cause any investigation to be made that he or she deems appropriate. If upon the investigation the director determines that the provisions of this section have been violated and the employer fails or refuses to take remedial action ordered by the director, he or she shall then bring an action in any superior court against that person. In any action the courts shall have jurisdiction for cause shown to restrain violations of subsection (a) of this section and order all appropriate relief including rehiring or reinstatement of the employee to his or her former position with back pay and any other benefits to which he or she was entitled.

(c) Within ninety (90) days of the receipt of a complaint filed under this subsection the director shall notify the complainant of his or her determination under subsection (b) of this section.
R.I. Gen. Laws § 28-31-2 — RI Code / Title 28 / Chapter 28-31 / Section 28-31-2
§ 28-31-2. Notices given to state or municipality as employer.
Status: in_force

All notices required to be given by an employee to an employer under the provisions of §§ 28-29-17  28-29-19 and of §§ 28-33-30  28-33-32, and all other notices required to be given to an employer by an employee under chapters 29  38 of this title, if the employer is the state, shall be given to the department of administration, and if the employer is a city or town shall be filed with and given to the treasurer of that city or town.
R.I. Gen. Laws § 28-44-43 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-43
§ 28-44-43. Filing of appeals from director  Parties  Withdrawal.
Status: in_force

Any claimant or any employing unit or employer who is an interested party as defined in § 28-44-39(c) may file an appeal from the determination of the director within the specified time. The parties to an appeal from a determination shall include all interested parties. Appeals may be withdrawn at the request of the appellant and with the permission of the appeal tribunal, if the record preceding the appeal and the request for the withdrawal support the correctness of the determination and indicate that no coercion or fraud is involved in the withdrawal.
R.I. Gen. Laws § 28-7-8 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-8
§ 28-7-8. Place of board meetings  Conduct of proceedings by members or agents.
Status: in_force

The board may meet and exercise any or all of its powers at any place within the state. The board may, by one or more of its members or by any agents or agencies that it may designate, conduct in any part of this state any proceedings, hearing, investigation, inquiry, or election necessary to the performance of its functions. A member who participates in these proceedings shall not be disqualified from subsequently participating in a decision of the board in the same case.
R.I. Gen. Laws § 28-42-41 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-41
§ 28-42-41. Legal representation of state.
Status: in_force

On the request of the director or the board of review, the attorney general shall represent the director or the board and the state in any court action relating to chapters 42  44 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 § 28-37-10 — RI Code / Title 28 / Chapter 28-37 / Section 28-37-10
§ 28-37-10. Dependents allowances to totally incapacitated persons.
Status: in_force

Whenever an injured employee suffering total incapacity ceases to receive payment under the Rhode Island temporary disability insurance act, chapters 39  41 of title 28, he or she shall receive compensation in addition to compensation for total incapacity, not exceeding twenty-five dollars ($25.00) per week for each child wholly or partially dependent upon the wages, earnings, or salary of the employee, including an adopted or stepchild, under the age of eighteen (18) years, or over that age but physically or mentally incapacitated from earning, but not exceeding a total of seventy-five dollars ($75.00) per week, which additional compensation shall be paid out of the fund established under § 28-37-1; provided, that any injured employee suffering total incapacity as the consequence of an injury sustained on or after September 1, 1969, shall not be eligible for this additional compensation.
R.I. Gen. Laws § 28-25-7 — RI Code / Title 28 / Chapter 28-25 / Section 28-25-7
§ 28-25-7. Access to boilers and pressure vessels  Time of inspection.
Status: in_force

The owner of any boiler or pressure vessel, whether or not subject to inspection under the provisions of this chapter, shall allow the inspector free access to it at all reasonable times. The owner of any boiler or pressure vessel subject to inspection shall have the boiler or pressure vessel ready for inspection at such time as shall be fixed by the inspector upon being given not less than two (2) weeks' written notice of the day fixed. In fixing the day, the inspector shall comply with the convenience and business requirements of the owner as far as he or she reasonably can. The chief or the inspector may, in his or her discretion, make any inspection on Sunday.
R.I. Gen. Laws § 28-33-39 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-39
§ 28-33-39. Transportation costs for medical examination.
Status: in_force

The reasonable costs of transportation to and from the office of any examiner requested by the employer or of any impartial examiner appointed as provided in § 28-33-35 shall be charged to the employer and, if paid for by the employee, he or she shall be reimbursed in full for this expenditure by his or her employer, upon presentation of a receipt or other evidence of expenditure. The reasonable cost of transportation that occurs on or after July 1, 2016, is the rate equal to the per-mile rate allowed by the Internal Revenue Service for use of a privately owned automobile for business miles driven, as from time to time amended, for a private motor vehicle or the reasonable cost incurred for transportation, from the employees point of departure, whether from the employees home or place of employment, and return.
R.I. Gen. Laws § 28-33-14 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-14
§ 28-33-14. Determination of dependency  Division of payments among dependents.
Status: in_force

In all other cases except those provided in § 28-33-13, questions of entire or partial dependency shall be determined in accordance with the facts as they may have been at the time of the injury. In these other cases, if there is more than one person wholly dependent, the compensation shall be equally divided among them, and persons partly dependent, if any, shall receive no part of it during the period in which compensation is paid to persons wholly dependent. If there is no one wholly dependent and more than one person partly dependent, the compensation shall be divided among them according to the relative extent of their dependency.
R.I. Gen. Laws § 28-44-47 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-47
§ 28-44-47. Appeal to board of review.
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 of review 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 the decision. The board of review may affirm, modify, or reverse the findings or conclusions of the appeal tribunal solely on the basis of evidence previously submitted or upon the basis of any additional evidence that it may direct to be taken.
R.I. Gen. Laws § 28-43-31 — RI Code / Title 28 / Chapter 28-43 / Section 28-43-31
§ 28-43-31. Allocation of benefit costs  Reimbursable employers.
Status: in_force

(a) Each employer who or that is liable for payments in lieu of contributions in accordance with § 28-43-29 shall pay to the director for the fund the full amount of regular benefits paid plus the full amount of extended benefits paid, less any federal payments to the state under § 204 of the Federal-State Extended Unemployment Compensation Act of 1970, that are attributable to service in the employ of that employer; provided, that for weeks of unemployment beginning on or after January 1, 1979, governmental entities that are liable for reimbursement shall be responsible for reimbursing the fund for the full amount of extended benefits so paid.

(b) Each employer who or that is liable for payments in lieu of contributions in accordance with § 28-43-29 shall make payments to the director that shall include, but not be limited to, benefits paid but denied on appeal or benefits paid in error that cannot be properly charged against another employer either reimbursable or contributory; provided, that if the benefits that were paid in error are subsequently repaid, those amounts shall be credited to the employers account after repayment is actually received by the director.
R.I. Gen. Laws § 28-32-5 — RI Code / Title 28 / Chapter 28-32 / Section 28-32-5
§ 28-32-5. Disclosure and use of contents of reports.
Status: in_force

(a) No report, or part of a copy of a report, shall be open to the public, nor shall any of its contents be disclosed in any manner, nor be permitted to become known, by any officer or employee of the state or other person having access to it, but the reports shall be used for state investigation, including investigations by the workers compensation fraud unit pursuant to § 42-16.1-12, and statistics only, and those statistics shall in no way disclose the identity of the employer making the report.

(b) Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one hundred dollars ($100) for each offense, and if the offender is an officer or employee of the state, he or she shall be dismissed from the office and shall be subsequently ineligible to hold an office under the state for a period of one year.
R.I. Gen. Laws § 28-20-10 — RI Code / Title 28 / Chapter 28-20 / Section 28-20-10
§ 28-20-10. Applicability to state and municipal employees.
Status: in_force

It shall be the responsibility of the head of each state agency and of each agency in the political subdivisions of the state to establish and maintain an effective and comprehensive occupational safety and health program that is consistent with this chapter and with the codes, rules, and regulations promulgated pursuant to it. The head of each agency shall, after consultation with representatives of its employees:

(1) Provide safe and healthful places and conditions of employment consistent with the requirements of this chapter;

(2) Acquire, maintain, and require use of safety equipment, personal protective equipment, and devices necessary to protect employees; and

(3) Keep adequate records of all occupational injuries and illnesses for proper evaluation and necessary action in accordance with the advice of the director of labor and training and the director of health and submit an annual report to the director of labor and training with respect to those occupational accidents and illnesses.
R.I. Gen. Laws § 28-6-21 — RI Code / Title 28 / Chapter 28-6 / Section 28-6-21
§ 28-6-21. Penalty for violations.
Status: in_force

(a) In addition to any other relief to which any aggrieved party may be entitled for such a violation, an employer who violates § 28-6-18 or § 28-6-22 may be liable for a civil penalty to be paid to the department of labor and training. That penalty shall be set within the following ranges:

(1) Up to one thousand dollars ($1,000) for a first violation;

(2) Up to two thousand five hundred dollars ($2,500) for a violation where the employer has had one violation of § 28-6-18 or § 28-6-22 within the five (5) years prior to the complaint or action being filed; or

(3) Up to five thousand dollars ($5,000) for a violation where the employer has had two (2) or more violations of § 28-6-18 or § 28-6-22 within the seven (7) years prior to the complaint or action being filed.

(b) In determining the amount of any penalty imposed under this section, the director or the court shall consider the size of the employers business; the good faith of the employer; the gravity of the violation; the history of previous violations; and whether or not the violation was an innocent mistake or willful. The director or the court may lower any penalty imposed under this section if the employer demonstrates that they completed a self-evaluation as defined in § 28-6-24.

(c) No civil penalties shall be assessed from January 1, 2023, to December 31, 2024.
R.I. Gen. Laws § 28-6-18 — RI Code / Title 28 / Chapter 28-6 / Section 28-6-18
§ 28-6-18. Wage differentials based on protected characteristics prohibited.
Status: in_force

(a) No employer shall pay any of its employees at a wage rate less than the rate paid to employees of another race, or color, or religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin for comparable work, except where the employer meets the standards set forth in subsection (b) of this section.

(b) A wage differential is permitted when the employer demonstrates:

(1) The systems as referenced in this section are fair and are not being used as a pretext for an unlawful wage differential;

(2) The differential is based upon one or more of the following factors:

(i) A seniority system; provided, however, that time spent on leave due to a pregnancy-related condition or parental, family, and medical leave shall not reduce seniority;

(ii) A merit system;

(iii) A system that measures earnings by quantity or quality of production;

(iv) Geographic location when the locations correspond with different costs of living; provided, that no location within the state of Rhode Island will be considered to have a sufficiently different cost of living. This clause shall apply at the employers discretion and for the limited purpose of determining wage differentials for employees;

(v) Reasonable shift differential, which is not based upon or derived from a differential in compensation based on characteristics identified in subsection (a) of this section;

(vi) Education, training, or experience to the extent such factors are job-related and consistent with a business necessity;

(vii) Work-related travel, if the travel is regular and a business necessity; or

(viii) A bona fide factor other than those characteristics identified by subsection (a) of this section that is not based upon or derived from a differential in compensation based on characteristics identified in subsection (a); that is job-related with respect to the position in question; and that is consistent with business necessity. This factor shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential and that the employer has refused to adopt such alternative practice. A cost prohibitive alternative business practice is not an alternative business practice under this section;

(3) The factor or factors relied upon must reasonably explain the differential; or

(4) Each factor is relied upon reasonably.

(c) An individuals wage history cannot, by itself, justify an otherwise unlawful wage differential.

(d) An employer who discriminates in violation of this section shall not, in order to comply with the provisions of this section, reduce the wage rate of any employee.

(e) The agreement of an employee to work for less than the wage to which the employee is entitled under this chapter is not a defense to an action under this chapter; provided, however, in the event an employer provides health insurance or retirement benefits as a benefit to employees, a difference in such benefits due to an employees decision, in writing, to decline such a benefit shall not be considered a violation of this section, as long as the employer provides equal access to such benefit.

(f) No employer shall prohibit an employee from inquiring about, discussing, or disclosing the wages of such employee or another employee or retaliate against an employee who engages in such activities. No employer shall require an employee to enter into a waiver or other agreement that purports to deny an employee the right to disclose or discuss their wages. An employer shall not prohibit an employee from aiding or encouraging any other employee to exercise their rights under this subsection.

(1) Nothing in this subsection shall require an employee to disclose their wages.

(2) Nothing in this subsection shall be construed to limit the rights of an employee provided by any other provision of law or collective bargaining agreement.

(g) No employer shall discharge or in any other manner discriminate or retaliate against any applicant for employment or employee because the applicant or employee has opposed a practice made unlawful by this chapter or because the applicant or employee has made a charge or filed any complaint with the employer, the director of labor and training, or any other person, under or related to the provisions of this chapter; has instituted or caused to be instituted any investigation, proceeding, hearing, or any action under or related to the provisions of this chapter; has testified or is planning to testify; or has assisted or participated in any manner in any such investigation, proceeding, or hearing under the provisions of this chapter. No employer shall coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of their having exercised or enjoyed, or on account of their having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the provisions of this chapter.

(h) Except as provided in this section, any provision in any contract entered into after the effective date of this chapter establishing a variation in rates of pay based on the characteristics identified by subsection (a) of this section shall be null and void.

(i) Every employer subject to this chapter shall post, in a conspicuous place or places on its premises, a notice to be prepared or approved by the director that shall set forth excerpts of this chapter and any other relevant information the director deems necessary to explain the provisions of this chapter to the employees of an employer. Any employer who or that does not comply with the provisions of this section shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
R.I. Gen. Laws § 28-16-2 — RI Code / Title 28 / Chapter 28-16 / Section 28-16-2
§ 28-16-2. Agreements with federal agencies.
Status: in_force

The department of labor and training is authorized to enter into agreements with the Wage and Hour and Public Contracts Divisions and/or the Bureau of Labor Standards of the United States Department of Labor for assistance and cooperation, and is authorized, from time to time, to amend the agreements; provided, that any agreement or amendment of it shall be subject to the regulations of the administrator of the Wage and Hour and Public Contracts Divisions and/or the director of the Bureau of Labor Standards of the United States Department of Labor and shall be subject to the approval of the governor.
R.I. Gen. Laws § 28-44-42 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-42
§ 28-44-42. Appointment of appeal tribunals.
Status: in_force

To hear and decide disputed claims, the board of review may appoint one or more impartial referees each of whom shall constitute an appeal tribunal to hear and decide appeals from determinations and re-determinations. The board of review may make appointments to it and fix the salaries of it in accordance with the state merit system law, rules, and regulations. No person shall participate on behalf of the board of review in any case in which he or she is an interested party.
R.I. Gen. Laws § 28-6-22 — RI Code / Title 28 / Chapter 28-6 / Section 28-6-22
§ 28-6-22. Wage history and wage range.
Status: in_force

(a) No employer shall:

(1) Rely on the wage history of an applicant when deciding whether to consider the applicant for employment;

(2) Require that an applicants prior wages satisfy minimum or maximum criteria as a condition of being considered for employment;

(3) Rely on the wage history of an applicant in determining the wages such applicant is to be paid by the employer upon hire; or

(4) Seek the wage history of an applicant.

(b) Notwithstanding the provisions of subsection (a) of this section, after the employer makes an initial offer of employment with an offer of compensation to an applicant for employment, an employer may:

(1) Rely on wage history to support a wage higher than the wage offered by the employer if wage history is voluntarily provided by the applicant for employment without prompting from the employer;

(2) Seek to confirm the wage history of the applicant for employment to support a wage higher than the wage offered by the employer, when relying on wage history as permitted in subsection (b)(1) of this section; and

(3) Rely on wage history in these circumstances to the extent that the higher wage does not create an unlawful pay differential based on the characteristics identified in § 28-6-18(a).

(4) Nothing in this section shall penalize an employer for having knowledge of an employees wage history at that employer if the employee currently works for the employer.

(5) Notwithstanding any other provision to the contrary, nothing in this chapter shall preclude an employer from verifying information voluntarily provided by a job applicant about an applicants unvested equity or deferred compensation that an applicant would forfeit or have cancelled by virtue of the applicants resignation from the applicants current employer or any voluntary disclosure of non-wage related information. Further, an employer may request a background check that does not affirmatively seek wage history; provided, however, if the background check discloses the applicants wage history, such information shall not be relied on for purposes of determining wage, benefits or other compensation for an applicant during the hiring process, including the negotiation for a contract for employment.

(c) Upon the applicants request, an employer shall provide an applicant for employment the wage range for the position for which the applicant is applying. The employer should provide a wage range for the position the applicant is applying for prior to discussing compensation. An employer shall provide an employee the wage range for the employees position both at the time of hire and when the employee moves into a new position. During the course of employment, upon an employees request, an employer shall provide the wage range for the employees position.

(d) The department of labor and training may provide guidance to employers for determining the information to be provided pursuant to subsection (c) of this section, and may include information regarding definitions applicable to this chapter.

(e) An employer may not refuse to interview, hire, promote, or employ an applicant for employment or employee and may not retaliate against that individual because he or she did not provide a wage history or because he or she requested the wage range for a position in accordance with this section.
R.I. Gen. Laws § 28-30-23 — RI Code / Title 28 / Chapter 28-30 / Section 28-30-23
§ 28-30-23. Immunity from liability.
Status: in_force

Any person serving as a member of the medical advisory board or fee dispute panel, and any medical service provider appointed as an impartial medical examiner, participating on a comprehensive independent healthcare review team, or serving as a member of the medical fee arbitration panel, shall be immune from any civil liability in that capacity so long as that person acts in good faith, without malice, and not for improper personal enrichment.
R.I. Gen. Laws § 28-9-27 — RI Code / Title 28 / Chapter 28-9 / Section 28-9-27
§ 28-9-27. Use of past practices in arbitration hearings.
Status: in_force

(a) An arbitrator shall have the authority to consider the existence of a past practice that may exist between the parties to a collective bargaining agreement only under the following circumstances:

(1) The collective bargaining agreement does not contain an express provision that is the subject of the grievance; or

(2) The collective bargaining agreement contains a provision that is unclear and ambiguous; or

(3) The collective bargaining agreement contains a provision which has been mutually agreed upon by the parties that preserves existing past practices for the duration of the collective bargaining agreement.

(b) A party claiming the existence of a past practice shall be required to prove by clear and convincing evidence that the practice:

(1) Is unequivocal;

(2) Has been clearly enunciated and acted upon;

(3) Is readily ascertainable;

(4) Has been in existence for a substantial period of time; and

(5) Has been accepted by representatives of the parties who possess the actual authority to accept the practice.

(c) A past practice that may exist between the parties to a collective bargaining agreement may not override any contrary provision of an existing collective bargaining agreement, statute, or ordinance.

(d) A past practice that may exist between the parties to a collective bargaining agreement may not override any contrary provision of any written rule, regulation, or policy that has been promulgated, adopted, and published pursuant to either the administrative procedures act, chapter 35 of title 42, or promulgated and published by the appropriate governing entity in a city or town.

(e) Any party to a collective bargaining agreement may provide written notice to the other party that it no longer intends to be bound by a past practice unless the collective bargaining agreement contains a provision that has been mutually agreed upon by the parties that preserves existing past practices for the duration of the collective bargaining agreement. This notification must describe the past practice and set forth the effective date of the termination of the practice. Neither party is obligated to follow the practice thirty (30) days following this notification.
R.I. Gen. Laws § 28-27-14 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-14
§ 28-27-14. Examination of applicants.
Status: in_force

The department shall provide and conduct examinations three (3) times each year of applicants who have had their application 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 placed on file with the department. All examinations shall be conducted by the division of professional regulation of the department of labor and training with the aid and cooperation of the board of examiners and shall be conducted at places designated by the department within the state consistent with the reasonable convenience of the applicant. All test materials shall be preserved for three (3) months after the date of the test.
R.I. Gen. Laws § 28-20-1 — RI Code / Title 28 / Chapter 28-20 / Section 28-20-1
§ 28-20-1. Definitions.
Status: in_force

When used in this chapter:

(1) Amendment means any modification or change in a code intended to be of universal or general application.

(2) Code means a standard body of rules for safety and health formulated, adopted, and issued by the commission under the provisions of this chapter.

(3) Commission means the code commission for occupational safety and health created by this chapter.

(4) Director means the director of labor and training or his or her duly authorized representative.

(5) Employ means the use of any services of an employee for compensation and includes to suffer or permit to work.

(6) Employee means an individual who is employed by an employer.

(7) Employer means a person, firm, corporation, partnership, association, receiver or trustee in bankruptcy having one or more persons in his, her, or its employ, a state agency, or an agency of a political subdivision of the state, or any person acting, directly or indirectly, in the interest of an employer.

(8) Review board means the occupational safety and health review board created by this chapter.

(9) Standard means a federal standard adopted by the United States Secretary of Labor for the federal Occupational Safety and Health Administration.

(10) Variance means a limited modification or change in a code which is applicable only to the particular place of employment of the employer or person petitioning for the modification or change.
R.I. Gen. Laws § 28-17-4 — RI Code / Title 28 / Chapter 28-17 / Section 28-17-4
§ 28-17-4. Immunity from attachment, process, or assignment.
Status: in_force

The interest of any person in any employees trust as defined in § 28-17-1 and any pension derivable from that trust shall not be subject to trustee process or liable to attachment on any writ, original, mesne, or judicial, or be taken on execution or any process, legal or equitable; and no assignment of any interest or pension shall be valid.
R.I. Gen. Laws § 28-29-1 — RI Code / Title 28 / Chapter 28-29 / Section 28-29-1
§ 28-29-1. Short title.
Status: in_force

Chapters 29  38 of this title may be cited as the Workers Compensation Act.
R.I. Gen. Laws § 28-33-28 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-28
§ 28-33-28. Priority of claim over debts of employer.
Status: in_force

The claim for compensation under chapters 29  38 of this title or under any alternative scheme permitted by §§ 28-29-22  28-29-24, and any determination or decree on any claim shall be entitled to a preference over the unsecured debts of the employer subsequently contracted to the same amount as the wages of labor are now preferred by the laws of this state; but nothing in this section shall be construed as impairing any lien which the employee may have acquired.
R.I. Gen. Laws § 28-20-27 — RI Code / Title 28 / Chapter 28-20 / Section 28-20-27
§ 28-20-27. Publication of codes and changes  Posting of lists  Notice to employees.
Status: in_force

(a) Every code adopted and every amendment or repeal of these codes shall be compiled as prescribed in § 42-35-5 and published in the manner and quantity required for reference and enforcement. A printed list of the titles of all codes including their amendments issued and adopted by the commission under the provisions of this chapter, together with the dates of their adoption, shall be posted by the employer in every place of employment.

(b) Where appropriate, codes shall contain provisions for the furnishing to employees of information regarding hazards in the workplace, including information about suitable precautions, relevant symptoms, and emergency treatment in case of exposure, by such means as labeling, posting, and, where appropriate, medical examination at no cost to employees, with the results of the examinations being furnished only to appropriate state officials and, if the employee so requests, to his or her physician.
R.I. Gen. Laws § 28-42-87 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-87
§ 28-42-87. Employment security reemployment fund  Establishment  Sources.
Status: in_force

(a)(1) There is created the employment security reemployment fund, to be administered by the department of labor and training, without liability on the part of the state beyond the amounts paid into and earned by the fund. This fund shall consist of:

(i) All payments received from employers and paid pursuant to §28-43-8.6;

(ii) All other moneys paid into and received by the fund;

(iii) Property and securities acquired by and through the use of moneys belonging to the fund; and

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

(2) All moneys in the employment security reemployment fund shall be mingled and undivided.

(b) All moneys received by the director for the employment security reemployment fund shall, upon receipt, be deposited by the director in a clearance account in a bank in this state.
R.I. Gen. Laws § 28-9-2 — RI Code / Title 28 / Chapter 28-9 / Section 28-9-2
§ 28-9-2. Enforceability of agreement to arbitrate existing or prior controversy.
Status: in_force

An agreement in writing between an employer and an association of employees, a labor union, trade union, or craft union, or between an association of employers and an association of employees, labor unions, trade unions, or craft unions, to submit to arbitration any controversy existing between them prior to and at the time of the agreement shall be valid, irrevocable, and enforceable, except upon any grounds that exist in law or in equity for the revocation of the contract.
R.I. Gen. Laws § 28-35-19 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-19
§ 28-35-19. Hearing initiated by workers compensation court  Petition to enforce.
Status: in_force

(a) If the workers compensation court has reason to believe that the payment of compensation has not been made, although it should have been made, it may on its own motion give notice to the parties of a time and place when a hearing will be had before the court for the purpose of determining facts and making an order. The notice shall contain a statement of the matter to be considered. Subsequently, all other provisions governing proceedings before the court shall attach insofar as they may be applicable.

(b) Notwithstanding the provisions of subsection (a), any memorandum of agreement, preliminary determination, order, or decree shall be enforceable by a suitable action or proceeding brought by either of the parties to it before the workers compensation court.
R.I. Gen. Laws § 28-33-17.2 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-17.2
§ 28-33-17.2. Employees affirmative duty to report earnings  Penalties for failure to provide earnings report  Civil and criminal liability.
Status: in_force

(a) It is the intent of the legislature that the costs resulting from fraud and abuse in the workers compensation system be arrested. In order to discourage potential abusers, employees must be aware of the affirmative duty to report earnings and the penalties for any fraud or abuse must be severe and certain.

(b) Any employee entitled to receive weekly workers compensation benefits shall have an affirmative duty to report those earnings, including wages or salary remuneration paid for personal services, commissions, and bonuses, including the cash value of all remuneration payable in any medium other than cash, earned from self-employment or from any employer other than the employer in whose employ he or she was injured, so that compensation benefits may be properly computed.

(c)(1) The department of labor and training, employer, or insurer shall notify any employee receiving weekly workers compensation benefits, on forms prescribed by the department, of that employees affirmative duty to report earnings and shall specifically notify the employee that a failure to report earnings may subject him or her to civil or criminal liability.

(2) The notice by the employer or insurer may be satisfied by printing the notice on the employee payee statement (check stub) portion of indemnity checks sent to the employee, or by incorporating the notice in an agreement for electronic fund transfer or use or issuance of an electronic access device, signed by both the employee and the employer or its insurer.

(d) Any employee entitled to weekly workers compensation benefits for any period of time shall, upon written request of the employer or insurer, provide at reasonable intervals to the employer or insurer an earnings report, on forms prescribed by the department, advising the employer or insurer of the exact amount of earnings for each week of his or her entitlement to benefits or advising that no earnings were received for particular weeks, so that the employer or insurer may properly compute the amount of benefits due to the employee.

(e) If any employee refuses to submit an earnings report upon request by the employer or insurer his or her rights to compensation may be suspended and his or her compensation during that period of suspension may be forfeited.

(f) Where any employee is found to be entitled to benefits in excess of fifty-two (52) weeks pursuant to a decision resulting in the entry of an order or decree, he or she shall submit an earnings report as described in subsection (d). In these cases, the employer or insurer must pay benefits within seven (7) days of receipt of the earnings report; provided, that no petition to enforce shall be allowed nor any penalty for late payment awarded unless payments were not made within seven (7) days after the earnings report has been provided.

(g) The employer or insurer shall be entitled to recover overpayments made to any employee as a result of a violation of the employees duty to report earnings by any of the following means:

(1) Upon petition and order of the workers compensation court to suspend the employers obligation to pay weekly benefits; or

(2) By civil action in the district or superior court. Costs and counsel fees for the action may be awarded to the employer or insurer.

(h) Any employee who, by any fraudulent means, obtains, or attempts to obtain, workers compensation benefits, whether by failure to report earnings; falsification of the earnings report document; or intentional misrepresentation; may forfeit the right to any future, weekly workers compensation benefits as determined by the workers compensation court.

(i) Any employee who, by any fraudulent means, obtains, or attempts to obtain, workers compensation benefits to which he or she was not entitled, whether by failure to report earnings; falsification of the earnings report; or intentional misrepresentation; shall be deemed guilty of larceny pursuant to § 11-41-4 or other pertinent criminal statutes of the state of Rhode Island. Each occurrence shall constitute a separate and distinct offense.

(j) The administrator of the workers compensation court, any workers compensation judge, or any representative of an employer may be the party complainant to any complaint and warrant brought to invoke the criminal penalties provided for in this section, and the party complainant shall, except for the representative of the employer, be exempt from giving surety for costs in the action.

(k) All criminal actions for any violation of this section shall be prosecuted by the attorney general.

(l) Where any employer or insurer intentionally and unreasonably utilizes the earnings report required by subsection (d) of this section in order to harass an employee or delay payment of benefits to an employee, a penalty of twenty percent (20%) shall be added to all amounts of weekly compensation benefits due and owing.
R.I. Gen. Laws § 28-46-12 — RI Code / Title 28 / Chapter 28-46 / Section 28-46-12
§ 28-46-12. Funds not to be attached.
Status: reserved

The funds of any employer that are set aside or reserved for benefits under a pension plan of the employer to which employees have a vested right shall not be liable to be seized or taken by virtue of any execution or civil process whatever, issued out of any court of this state, for the collection of the tax imposed by this chapter.
R.I. Gen. Laws § 28-38-23 — RI Code / Title 28 / Chapter 28-38 / Section 28-38-23
§ 28-38-23. Name change.
Status: in_force

The name of the curative centre in the department shall be the Chief Judge Robert F. Arrigan rehabilitation center.
R.I. Gen. Laws § 28-7-13.1 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-13.1
§ 28-7-13.1. Unfair labor practices  Public sector employee organizations.
Status: in_force

It shall be an unfair labor practice for public sector employee organizations, their agents, or representatives to:

(1) Refuse to meet and bargain collectively with a public employer if the labor organization is the exclusive agent for the public employees in the certified bargaining unit.

(2) Fail to negotiate or bargain in good faith with the duly authorized representatives of the public employer.

(3) Avoid or refuse to comply with any statutory impasse procedures as may be provided in chapters 9.1, 9.2, 9.3, and 9.4 of this title.
R.I. Gen. Laws § 28-5-7.2 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-7.2
§ 28-5-7.2. Proof of unlawful employment practices in disparate impact cases.
Status: in_force

(a) An unlawful employment practice prohibited by § 28-5-7 may be established by proof of disparate impact. An unlawful employment practice by proof of disparate impact is established when:

(1) A complainant demonstrates that an employment practice results in a disparate impact on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin, and the respondent fails to demonstrate that the practice is required by business necessity; or

(2) A complainant demonstrates that a group of employment practices results in disparate impact on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin, and the respondent fails to demonstrate that the practices are required by business necessity; provided that:

(i) If a complainant demonstrates that a group of employment practices results in a disparate impact, the complainant shall not be required to demonstrate which specific practice or practices within the group results in the disparate impact; and

(ii) If the respondent demonstrates that a specific employment practice within that group of employment practices does not contribute to the disparate impact, the respondent shall not be required to demonstrate that the practice is required by business necessity.

(b) A demonstration that an employment practice is required by business necessity may be used as a defense only against a claim under this section.

(c) As used in this section:

(1) Complainant and respondent mean those individuals or entities defined as such in § 28-5-17;

(2) Demonstrates means meets the burdens of production and persuasion;

(3) Group of employment practices means a combination of employment practices or an overall employment process; and

(4) Required by business necessity means essential to effective job performance.

(d) Nothing contained in this section shall be construed as limiting the methods of proof of unlawful employment practices under § 28-5-7 to the methods set in this section.
R.I. Gen. Laws § 28-30-21 — RI Code / Title 28 / Chapter 28-30 / Section 28-30-21
§ 28-30-21. Name change.
Status: in_force

Wherever in the general or public laws there appear the words, workers compensation commission it shall read workers compensation court.
R.I. Gen. Laws § 28-10-13 — RI Code / Title 28 / Chapter 28-10 / Section 28-10-13
§ 28-10-13. Notice in advertising.
Status: in_force

It shall be unlawful for any person, partnership, agency, firm, or corporation, or officer or their agents, to recruit, solicit, or advertise for employees, or refer persons to employment, in place of employees in a labor strike or lockout, without adequate notice to the person or in the advertisement that there is a labor strike or lockout at the place at which employment is offered and that the employment offered is in place of employees involved in the labor strike or lockout. Adequate notice in an advertisement means notice of equal prominence with any other matter contained in the advertisement.
R.I. Gen. Laws § 28-27-1 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-1
§ 28-27-1. Purpose.
Status: in_force

This chapter is necessary to protect the life, property, safety, and welfare of the people of Rhode Island; to promote conservation of our natural resources used to generate energy; the proper installation of all piping systems and/or equipment used in fire protection systems; and in the generation and consumption of energy used for the purpose of all heating, cooling, and air distribution systems.
R.I. Gen. Laws § 28-49-2 — RI Code / Title 28 / Chapter 28-49 / Section 28-49-2
§ 28-49-2. Definitions.
Status: in_force

As used in this chapter, the following words and terms have the following meanings:

(1) Disaster means a fire, flood, hurricane, blizzard, tornado, or other such occurrence where the victims cannot recover without assistance. Applicable disasters would be those designated at level II and above in the American National Red Cross regulations and procedures.

(2) State agency means any state office, or officer, department, board, commission, institution, bureau, or any agency, division, or unit within any office, department, board, or commission or other state authority.
R.I. Gen. Laws § 28-59-1 — RI Code / Title 28 / Chapter 28-59 / Section 28-59-1
§ 28-59-1. Short title.
Status: in_force

This chapter shall be known and may be cited as the Rhode Island Noncompetition Agreement Act.
R.I. Gen. Laws § 28-33-46 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-46
§ 28-33-46. Anniversary review.
Status: in_force

Any employee receiving weekly benefits fifty-two (52) weeks after a compensable injury shall undergo an anniversary review by the court at which, unless waived by the employer, the court shall make findings as to whether maximum medical improvement has been reached; as to the degree of functional impairment and/or disability of the employee; and as to whether the employee should be classified as partially disabled or totally disabled. Temporary total disability shall not last beyond the anniversary review. Unless waived by the employer, an anniversary review shall be conducted annually thereafter. The court shall perform this anniversary review of cases where injury occurs after May 18, 1992.
R.I. Gen. Laws § 28-30-20 — RI Code / Title 28 / Chapter 28-30 / Section 28-30-20
§ 28-30-20. Calculation of retirement benefits.
Status: in_force

For purposes of the calculation of retirement benefits, in the event that any judge of the workers compensation court participates or acquiesces in a state shutdown or in a reduced salary or a salary deferral plan consistent with any plan imposed upon or agreed to by other state employees, his or her annual salary shall be calculated as if he or she had not participated or acquiesced in any shutdown or plan.
R.I. Gen. Laws § 28-42-56 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-56
§ 28-42-56. Witness fees.
Status: in_force

Witnesses subpoenaed pursuant to § 28-42-54 shall be allowed fees at a rate fixed by the director. Those fees shall be deemed a part of the expense of administering chapters 42  44 of this title.
R.I. Gen. Laws § 28-9-20 — RI Code / Title 28 / Chapter 28-9 / Section 28-9-20
§ 28-9-20. Modification or correction of award.
Status: in_force

In any of the following cases, the court must make an order modifying or correcting the award upon the application of any party to the arbitrated controversy:

(1) Where there was an evident miscalculation of figures or an evident mistake in the description of any persons, thing, or property referred to in the award;

(2) Where the arbitrator or arbitrators have awarded upon a matter not submitted to them not affecting the merits of the decision upon the matters submitted; or

(3) Where the award is imperfect in a matter of form not affecting the merits of the controversy, and, if it had been a masters report, the defect could have been amended or disregarded by the court.
R.I. Gen. Laws § 28-7-32 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-32
§ 28-7-32. Expedition of judicial proceedings.
Status: in_force

Petitions filed under this chapter shall be heard expeditiously and shall be considered and determined upon the transcript filed, without requirement of printing. Upon the filing of a record in the superior court, the case shall be heard with greatest possible expedition, and shall take precedence over all other matters except matters of the same character.
R.I. Gen. Laws § 28-32-6 — RI Code / Title 28 / Chapter 28-32 / Section 28-32-6
§ 28-32-6. Information as to provisions of law.
Status: in_force

Insofar as is not inconsistent with other provisions of chapters 29  38 of this title, the director shall have general supervision of the operation of those chapters, and from time to time he or she may furnish employers and employees with the information relative to those chapters as may assist them in an understanding of their rights and obligations under those chapters.
R.I. Gen. Laws § 28-31-1.1 — RI Code / Title 28 / Chapter 28-31 / Section 28-31-1.1
§ 28-31-1.1. Employees of the city of Providence covered.
Status: repealed

(a) The city of Providence shall be subject to and accept the provisions of chapters 29  38 of this title and shall be governed by the provisions in these chapters; provided, that this section is not subject to §§ 45-13-7  45-13-10.

(b) The city of Providence may elect to provide its employees benefits in addition to those required under this section.

(c) Any provision of a charter, or of any provision of the general or public laws inconsistent with this section, is repealed.

(d) This section applies to all claims of injuries occurring on or after this section becomes effective for the individual city or town.
R.I. Gen. Laws § 28-44-17.1 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-17.1
§ 28-44-17.1. Voluntary leaving as protection from domestic abuse.
Status: in_force

(a) An individual shall be eligible for waiting period credit or benefits if that individual voluntarily leaves work due to circumstances directly resulting from domestic abuse, as defined in chapter 8.1 of title 8, and the individual:

(1) Reasonably fears future domestic abuse at or on route to or from the individuals place of employment;

(2) Wishes to relocate to another geographic area in order to avoid future domestic abuse against the individual or the individuals family; or

(3) Reasonably believes that leaving work is necessary for the future safety of the individual or the individuals family.

(b) When determining whether an individual has experienced domestic abuse for the purpose of employment benefits, the department of labor and training shall require that the individual provide documentation of domestic abuse, including, but not limited to, police or court records or other documentation of domestic abuse from a shelter worker, attorney, member of the clergy, or medical or other professional from whom the individual has sought assistance.

(c) All documentation of evidence shall be kept confidential unless consent for disclosure is given by the individual.
R.I. Gen. Laws § 28-34-12 — RI Code / Title 28 / Chapter 28-34 / Section 28-34-12
§ 28-34-12. Diseases contracted before effective date of chapter.
Status: in_force

This chapter does not apply to cases of occupational disease in which the last injurious exposure to the hazards of the disease occurred prior to the fifteenth day of September 1936.
R.I. Gen. Laws § 28-21-10 — RI Code / Title 28 / Chapter 28-21 / Section 28-21-10
§ 28-21-10. Trade secrets.
Status: in_force

(a) A manufacturer or employer may withhold the precise chemical name of a chemical if:

(1) The manufacturer or employer can substantiate to the department of labor and training that it is a trade secret;

(2) The chemical is not a carcinogen, mutagen, or teratogen as published in OSHA regulations;

(3) The chemical is identified by a generic chemical classification that would provide useful information to a health professional;

(4) All other information on the properties and effects of the chemical required by this chapter is contained in the material safety data sheet;

(5) The material safety data sheet indicates which category of information is being withheld on trade secret grounds; and

(6) In any event, the withheld information is provided on a confidential basis to a treating physician who states in writing, except in an emergency situation, that a patients health problems may be the result of occupational exposure. A statement to this effect with the name of the manufacturer and an emergency telephone number shall be included in the material safety data sheet.

(b) Trade secrets, for the purpose of this section, means any formula, plan, pattern, process, production data, information, or compilation of information that is not patented, that is known only to an employer and certain other individuals, and that is used in the fabrication and production of an article of trade or service, and that gives the employer possessing it a business advantage over competitors who do not possess it.
R.I. Gen. Laws § 28-7-44 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-44
§ 28-7-44. Chapter controlling.
Status: in_force

Insofar as the provisions of this chapter are inconsistent with the provisions of any other general, special, or local law, the provisions of this chapter shall be controlling.
R.I. Gen. Laws § 28-9-19 — RI Code / Title 28 / Chapter 28-9 / Section 28-9-19
§ 28-9-19. Rehearing after vacation of award.
Status: in_force

Where an award is vacated, the court, in its discretion, may direct a rehearing either before the same arbitrator or arbitrators or before a new arbitrator or arbitrators to be chosen in the manner provided in the submission or contract for the selection of the original arbitrator or arbitrators or as provided for in § 28-9-7. Any provision limiting the time in which the arbitrator or arbitrators may make a decision shall be deemed applicable to the new arbitration and shall commence from the date of the courts order.
R.I. Gen. Laws § 28-27-30.1 — RI Code / Title 28 / Chapter 28-27 / Section 28-27-30.1
§ 28-27-30.1. Severability.
Status: in_force

If any provision or part of this chapter, or its application to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the application of the provisions to other persons or circumstances other than those to which it is held invalid, shall not be affected by that invalidity.
R.I. Gen. Laws § 28-44-3 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-3
§ 28-44-3. Wages considered in computing benefits.
Status: in_force

Notwithstanding any provisions of chapters 42  44 of this title to the contrary, wages as used in the phrase wages for employment from employers means, with reference to the benefit provisions of those chapters, only those wages that are paid subsequent to the date upon which the employing unit, by whom those wages were paid, has satisfied the conditions of § 28-42-3(16) with respect to becoming an employer subject to those chapters.
R.I. Gen. Laws § 28-12-3 — RI Code / Title 28 / Chapter 28-12 / Section 28-12-3
§ 28-12-3. Minimum wages.
Status: in_force

(a) Every employer shall pay to each of the employers employees: commencing July 1, 1999, at least the minimum wage of five dollars and sixty-five cents ($5.65) per hour. Commencing September 1, 2000, the minimum wage is six dollars and fifteen cents ($6.15) per hour.

(b) Commencing January 1, 2004, the minimum wage is six dollars and seventy-five cents ($6.75) per hour.

(c) Commencing March 1, 2006, the minimum wage is seven dollars and ten cents ($7.10) per hour.

(d) Commencing January 1, 2007, the minimum wage is seven dollars and forty cents ($7.40) per hour.

(e) Commencing January 1, 2013, the minimum wage is seven dollars and seventy-five cents ($7.75) per hour.

(f) Commencing January 1, 2014, the minimum wage is eight dollars ($8.00) per hour.

(g) Commencing January 1, 2015, the minimum wage is nine dollars ($9.00) per hour.

(h) Commencing January 1, 2016, the minimum wage is nine dollars and sixty cents ($9.60) per hour.

(i) Commencing January 1, 2018, the minimum wage is ten dollars and ten cents ($10.10) per hour.

(j) Commencing January 1, 2019, the minimum wage is ten dollars and fifty cents ($10.50) per hour.

(k) Commencing October 1, 2020, the minimum wage is eleven dollars and fifty cents ($11.50) per hour.

(l) Commencing January 1, 2022, the minimum wage is twelve dollars and twenty-five cents ($12.25) per hour.

(m) Commencing January 1, 2023, the minimum wage is thirteen dollars ($13.00) per hour.

(n) Commencing January 1, 2024, the minimum wage is fourteen dollars ($14.00) per hour.

(o) Commencing January 1, 2025, the minimum wage is fifteen dollars ($15.00) per hour.

(p) Commencing January 1, 2026, the minimum wage is sixteen dollars ($16.00) per hour.

(q) Commencing January 1, 2027, the minimum wage is seventeen dollars ($17.00) per hour.
R.I. Gen. Laws § 28-41-30 — RI Code / Title 28 / Chapter 28-41 / Section 28-41-30
§ 28-41-30. Waiver of rights  Agreement to pay employers contributions.
Status: in_force

No agreement by any individual to waive his or her right to benefits or any other right under chapters 39  41 of this title shall be valid. No agreement by any individual in the employ of any person or concern, to pay all or any portion of the contributions required under these chapters from employers, shall be valid. No employer shall make or require or accept any deduction from wages to finance the contributions required of him or her, or require or accept any waiver by an individual of any right under chapters 39  41 of this title. The director shall have power to take any steps necessary or suitable under those chapters to correct or prosecute any violation.
R.I. Gen. Laws § 28-39-2 — RI Code / Title 28 / Chapter 28-39 / Section 28-39-2
§ 28-39-2. Definitions.
Status: in_force

The following words and phrases, as used in chapters 39  41 of this title, have the following meanings unless the context clearly requires otherwise:

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

(2) Base period with respect to an individuals benefit year when the benefit year begins on or after October 7, 1990, means the first four (4) of the most recently completed five (5) calendar quarters immediately preceding the first day of an individuals benefit year; provided, that for any individuals benefit year when the benefit year begins on or after October 4, 1992, and for any individual deemed monetarily ineligible for benefits under the base period as defined in this subdivision, the department shall make a re-determination of entitlement based upon an alternate base period that consists of the last four (4) completed calendar quarters immediately preceding the first day of the claimants benefit year. Notwithstanding anything contained to the contrary in this subdivision, the base period shall not include any calendar quarter previously used to establish a valid claim for benefits; provided, however, that the base period with respect to members of the United States military service, the Rhode Island National Guard, or a United States military reserve force, and who served in a United States declared combat operation during their military service, who file a claim for benefits following their release from their state or federal active military service and who are deemed to be monetarily ineligible for benefits under this section, shall mean the first four (4) of the most recently completed five (5) calendar quarters immediately preceding the first day the individual was called into that state or federal active military service; provided, that for any individual deemed monetarily ineligible for benefits under the base period as defined in this section, the department shall make a re-determination of entitlement based upon an alternative base period that consists of the last four (4) completed calendar quarters immediately preceding the first day the claimant was called into that state or federal active military service. Notwithstanding any provision of this section of the general or public laws to the contrary, the base period shall not include any calendar quarter previously used to establish a valid claim for benefits.

(3) Benefit means the money payable, as provided in chapters 39  41 of this title, to an individual as compensation for his or her unemployment caused by sickness.

(4) Benefit credits means the total amount of money payable to an individual as benefits, as provided in § 28-41-7.

(5) Benefit rate means the money payable to an individual as compensation, as provided in chapters 39  41 of this title, for his or her wage losses with respect to any week during which his or her unemployment is caused by sickness.

(6) Benefit year with respect to any individual who does not already have a benefit year in effect, and who files a valid claim for benefits as of November 16, 1958, or any later date, means fifty-two (52) consecutive calendar weeks, the first of which shall be the week containing the day as of which he or she first files that valid claim in accordance with regulations adopted as subsequently prescribed; provided, that for any benefit year beginning on or after October 7, 1990, the benefit year shall be fifty-three (53) consecutive calendar weeks if the subsequent filing of a new valid claim immediately following the end of a previous benefit year would result in the overlapping of any quarter of the base period of the prior new claim. In no event shall a new benefit year begin prior to the Sunday next following the end of the old benefit year.

(i) For benefit years that begin on or after July 1, 2012, an individuals benefit year will begin on the Sunday of the calendar week in which an individual first became unemployed due to sickness and for which the individual has filed a valid claim for benefits.

(7) Board means the board of review as created under chapter 16.1 of title 42.

(8) Calendar quarter has the same definition as contained in chapter 42 of this title.

(9) Credit week means any week within an individuals base period in which that individual earns wages amounting to at least twenty (20) times the minimum hourly wage as defined in chapter 12 of this title, for performing services in employment for one or more employers subject to chapters 39  41 of this title.

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

(11) Employee means any person who is or has been employed by an employer subject to chapters 39  41 of this title and in employment subject to those chapters.

(12) Employer means any employing unit that is an employer under chapters 42  44 of this title.

(13) Employing unit has the same definition as contained in chapter 42 of this title and includes any governmental entity that elects to become subject to the provisions of chapters 39  41 of this title, in accordance with the provisions of §§ 28-39-3.1 and 28-39-3.2.

(14) Employment has the same definition as contained in chapter 42 of this title.

(15) Employment office has the same definition as contained in chapter 42 of this title.

(16) Fund means the Rhode Island temporary disability insurance fund established by this chapter.

(17) Partial unemployment due to sickness. For weeks beginning on or after January 1, 2006, an individual shall be deemed partially unemployed due to sickness in any week of less than full-time work if he or she fails to earn in wages for services for that week an amount equal to the weekly benefit rate for total unemployment due to sickness to which he or she would be entitled if totally unemployed due to sickness and eligible.

(i) For the purposes of this subdivision and subdivision (22) of this section, Wages includes only that part of remuneration for any work, which is in excess of one-fifth ( 1 / 5 ) of the weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed and eligible in any one week, and services includes only that part of any work for which remuneration in excess of one-fifth ( 1 / 5 ) of the weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed and eligible in any one week is payable; provided, that nothing contained in this paragraph shall permit any individual to whom remuneration is payable for any work performed in any week in an amount equal to, or greater than, his or her weekly benefit rate to receive benefits under this subdivision for that week.

(18) Reserve fund means the temporary disability insurance reserve fund established by § 28-39-7.

(19) Services means all endeavors undertaken by an individual that are paid for by another or with respect to which the individual performing the services expects to receive wages or profits.

(20) Sickness. An individual shall be deemed to be sick in any week in which, because of his or her physical or mental condition, including pregnancy, he or she is unemployed and unable to perform his or her regular or customary work or services.

(21)(i) Taxes means the money payments required by chapters 39  41 of this title, to be made to the temporary disability insurance fund or to the temporary disability insurance reserve fund.

(ii) Wherever and whenever in chapters 39  41 of this title, the words contribution and/or contributions appear, those words shall be construed to mean the taxes, as defined in this subdivision, that are the money payments required by those chapters to be made to the temporary disability insurance fund or to the temporary disability insurance reserve fund.

(22) Wages has the same definition as contained in chapter 42 of this title; provided, that no individual shall be denied benefits under chapters 39  41 of this title because his or her employer continues to pay to that individual his or her regular wages, or parts of them, while he or she is unemployed due to sickness and unable to perform his or her regular or customary work or services. The amount of any payments, whether or not under a plan or system, made to or on behalf of an employee by his or her employer after the expiration of six (6) calendar months following the last calendar month in which the employee performed actual bona fide personal services for his or her employer, shall not be deemed to be wages either for the purpose of paying contributions thereon under chapter 40 of this title, or for the purpose of being used as a basis for paying benefits under chapter 41 of this title.

(23) Week has the same definition as contained in chapter 42 of this title.
R.I. Gen. Laws § 28-44-11 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-11
§ 28-44-11. Earnings requirement for benefits.
Status: in_force

(a) An individual shall be deemed eligible for benefits for any given week of his or her unemployment only if he or she has within the base period immediately preceding the benefit year in which that week of unemployment occurs earned wages amounting to at least twenty (20) times the minimum hourly wage as defined in chapter 12 of this title in each of at least twenty (20) weeks, or, in the alternative, in an amount equal to three (3) times the total minimum amount required; provided, that this section as amended by P.L. 1976, ch. 297, §1 applies only to those individuals whose benefit years begin on or after July 4, 1976, and prior to October 1, 1989.

(b)(1) In order to be deemed eligible for benefits an individual whose benefit year begins on or after October 1, 1989:

(i) Must have been paid wages in any one calendar quarter of the base period that are at least two hundred (200) times the minimum hourly wage as defined in chapter 12 of this title, and must have been paid wages in the base period amounting to at least one and one-half (1 1 / 2 ) times the wages paid to the individual in that calendar quarter of the base period in which the individuals wages were highest; provided, that the minimum amount of total base period wages paid to the individual must be at least four hundred (400) times the minimum hourly wage as defined in chapter 12 of this title. The base period wages must have been paid to the individual for performing services in employment for one or more employers subject to chapters 42  44 of this title; or

(ii) Must have been paid wages in the base period for performing services in employment for one or more employers subject to chapters 42  44 of this title amounting to at least three (3) times the total minimum amount required in subsection (b)(1)(i) of this section.

(2) Notwithstanding any of the above, no otherwise eligible individual who has received benefits in a preceding benefit year shall be eligible to receive benefits in a succeeding benefit year unless the individual, subsequent to the beginning of the preceding benefit year, has earned wages for performing services in employment for one or more employers subject to chapters 42  44 of this title amounting to at least eighty (80) times the minimum hourly wage as defined in chapter 12 of this title.
R.I. Gen. Laws § 28-9-22 — RI Code / Title 28 / Chapter 28-9 / Section 28-9-22
§ 28-9-22. Judgment on confirmation, modification, or correction of award  Costs.
Status: in_force

Upon the granting of an order confirming, modifying, or correcting an award, judgment may be entered in conformity with the order, except as is otherwise prescribed in this chapter. Costs of the application and of the subsequent proceedings, not exceeding twenty-five dollars ($25.00) and disbursements, may be awarded by the court in its discretion. If awarded, the amount must be included in the judgment.
R.I. Gen. Laws § 28-7-24 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-24
§ 28-7-24. Discontinuance of strike or other activity as condition of board action.
Status: in_force

The board shall not require as a condition of taking action or issuing any order under this chapter that employees on strike or engaged in any other lawful, concerted activity shall discontinue that strike or that activity.
R.I. Gen. Laws § 28-33-31 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-31
§ 28-33-31. Contents of notice to employer.
Status: in_force

Notice as required by § 28-33-30 shall state in ordinary language the nature, time, place, and cause of the injury, and the name and address of the person injured, and shall be signed by the injured person, or by a person in his or her behalf, or, in the event of his or her death, by his or her legal representative, or by a person in behalf of either.
R.I. Gen. Laws § 28-20-12 — RI Code / Title 28 / Chapter 28-20 / Section 28-20-12
§ 28-20-12. Inspection powers.
Status: in_force

(a) The director, upon presenting appropriate credentials to the owner, operator, representative, or agent in charge, is authorized:

(1) To enter without delay and at reasonable times any factory, plant, establishment, construction site or other area, workplace, or environment where work is performed by an employee of an employer; and

(2) To inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials in the place of employment, and to privately question any employer, owner, operator, agent, or employee.

(b) If the director is denied entry to any place that he or she has reason to believe has been, is being, or is about to be used as a place of employment, he or she shall make application under oath setting forth the reasons for his or her belief that the place has been, is being, or is about to be used as a place of employment, and the facts concerning his or her denial, to any justice of the superior court. That court shall issue an order ex parte, if it finds that the belief is reasonable, allowing the director to make any entry that is reasonably necessary to conduct the inspection.

(c) In making inspections and investigations under this chapter, the director may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid to witnesses in the courts of the state. In case of contumacy, failure, or refusal of any person to obey an order, the superior court shall have the jurisdiction to issue to the person an order requiring the person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question, and any failure to obey that order of the court may be punished by the court as a contempt of court.
R.I. Gen. Laws § 28-12-11 — RI Code / Title 28 / Chapter 28-12 / Section 28-12-11
§ 28-12-11. Posting of law and orders.
Status: in_force

Every employer subject to any provision of this chapter or of any regulations or orders issued under this chapter shall keep a summary of this chapter, approved by the director of labor and training, and copies of any applicable wage orders and regulations issued under this chapter, posted in a conspicuous and accessible place in or about the premises where any person subject to them is employed. Employers shall be furnished copies of summaries, orders, and regulations by the state on request without charge.
R.I. Gen. Laws § 28-29-19 — RI Code / Title 28 / Chapter 28-29 / Section 28-29-19
§ 28-29-19. Waiver of claim of common law rights.
Status: in_force

(a) Any employee, or the parent or guardian of any minor employee, who has given notice to the employer that he or she claimed his or her right of action at common law may waive that claim by filing a notice in writing with the director and the employer, or his or her agent, which shall take effect five (5) days after the filing with the director.

(b) Any corporate officer, or manager, managing member, or member of a limited-liability company who has given notice to the employer and its workers compensation insurance carrier that they claimed their right of action at common law may waive that claim by filing a notice in writing with the director and the employer or their agent and its workers compensation insurance carrier which shall take effect five (5) days after the filing with the director. The insurance carrier shall keep a copy of the notice consistent with the rules and regulations of the department.

(c) Any person who is appointed a corporate officer between January 1, 1999, and December 31, 2001, and was not previously an employee of the corporation may elect to become subject to chapters 29  38 of this title upon filing a notice in writing with the director and his or her employer and its workers compensation insurance carrier which notice takes effect five (5) days after the filing of his or her notice.
R.I. Gen. Laws § 28-5-32 — RI Code / Title 28 / Chapter 28-5 / Section 28-5-32
§ 28-5-32. Modification of commissions findings and orders on additional evidence.
Status: in_force

The commission may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed. The commission shall file the modified or new findings and its recommendations, if any, for the modification or setting aside of its original order.
R.I. Gen. Laws § 28-15-9 — RI Code / Title 28 / Chapter 28-15 / Section 28-15-9
§ 28-15-9. Wage deductions exempt.
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 agreement entered into with the employer by a labor organization that is the authorized 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 annuity plan 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 the agreement between the employer and the authorized bargaining agent of the employees and the 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 the 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; or

(8) Contributions, subscriptions, or payments of a similar nature not connected with past or present indebtedness.
R.I. Gen. Laws § 28-9-4 — RI Code / Title 28 / Chapter 28-9 / Section 28-9-4
§ 28-9-4. Stay of judicial proceedings on arbitrable issue.
Status: in_force

If any suit or proceedings is brought on any issue referable to arbitration under an agreement in writing for the arbitration, the court in which the suit is pending, upon being satisfied that the issue involved in the suit or proceedings is referable to arbitration under an agreement, shall on application of one of the parties, stay the trial of the action until the arbitration has been held.
R.I. Gen. Laws § 28-40-3.3 — RI Code / Title 28 / Chapter 28-40 / Section 28-40-3.3
§ 28-40-3.3. Penalty for misappropriation.
Status: in_force

Any employer and any officer, agent, servant, or employee of any corporate employer responsible for either the withholding or payment of contributions, who appropriates or converts the contributions withheld to his or her own use or to any use other than the payment of the contributions, to the extent that the money required to be withheld is not available for payment on the due date as prescribed in this chapter, shall upon conviction for each offense be fined not more than one thousand dollars ($1,000) or be imprisoned for not exceeding one year, or shall be both fined and imprisoned, the fine and imprisonment to be in addition to any other penalty provided by this chapter.
R.I. Gen. Laws § 28-46-6 — RI Code / Title 28 / Chapter 28-46 / Section 28-46-6
§ 28-46-6. Compromising nonvested pension benefits.
Status: in_force

(a) As part of the investigation of an employer, the director shall determine the amount of nonvested pension benefits that have been compromised or settled to his or her satisfaction.

(b) Nonvested pension benefits may be compromised or settled by:

(1) Agreement between the employer and employee that is mutually understood by both parties to be a complete and final satisfaction of those benefits; or

(2) A provision in a collective bargaining agreement to which both the employer and employee are a party concerning the disposition of pension benefits in case the employer ceases to operate a place of employment or providing a benefit to the employee contingent upon the employer ceasing to operate a place of employment.
R.I. Gen. Laws § 28-33-43 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-43
§ 28-33-43. Employer liability for property damage.
Status: in_force

When an employee sustains property damage to eyeglasses, dentures, or artificial prosthesis arising out of and in the course of his or her employment, regardless of whether or not he or she suffered personal injury or loss of time, he or she may file a petition with the workers compensation court, and he or she shall be paid the reasonable value of the property or the reasonable expense of repairing the property by an employer subject to or who has elected to become subject to the provisions of chapters 29  38 of this title. The petition shall be prosecuted in the same manner as other petitions for compensation before the court. In hearings before the court, counsel and witness fees shall be awarded for the successful prosecution of a petition under this section.
R.I. Gen. Laws § 28-11-3 — RI Code / Title 28 / Chapter 28-11 / Section 28-11-3
§ 28-11-3. Contracts varying length of day on street railways.
Status: in_force

The true intent and purpose of §§ 28-11-2  28-11-4 is declared to be to limit the usual hours of labor of the conductor and operator employees of street railway corporations, in the absence of agreement as to hours between the employees and their employer, to ten (10) hours actual work a day, to be performed within a period of twelve (12) consecutive hours, whether the employees are employed by the trip or trips, the job, the hour, the day, the week, the month or in any other manner. Nothing contained in this chapter shall be construed to forbid or prevent any employee, being eighteen (18) years of age or upwards, from laboring a greater or lesser number of hours a day in accordance with his or her contract to do so, nor to impose any penalty upon any person or corporation for permitting these employees to labor a greater or lesser number of hours in the performance of the contract.
R.I. Gen. Laws § 28-12-16 — RI Code / Title 28 / Chapter 28-12 / Section 28-12-16
§ 28-12-16. Discrimination against employees invoking provisions.
Status: in_force

Any employer who or that discharges or in any other manner discriminates against any employee because the employee has made any complaint to his or her employer, to the director of labor and training, or to his or her authorized representative because: (1) He or she has not been paid wages in accordance with the provisions of this chapter; (2) The employee has caused to be instituted or is about to cause to be instituted any proceeding under or related to this chapter; (3) The employee has testified or is about to testify in any such proceeding; or (4) The employee has served, or is about to serve, on a wage board, shall be deemed in violation of this chapter, and shall, upon conviction, be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
R.I. Gen. Laws § 28-44-2 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-2
§ 28-44-2. Payment day on holiday.
Status: in_force

Whenever the day for payment of weekly benefit under this chapter falls upon a holiday, that weekly payment shall be made on either the day immediately preceding or the day immediately following that holiday.
R.I. Gen. Laws § 28-41-40 — RI Code / Title 28 / Chapter 28-41 / Section 28-41-40
§ 28-41-40. Fraud and misrepresentation of benefits.
Status: in_force

(a) The temporary caregiver insurance program shall be part of the temporary disability insurance fund. If the director finds that any individual falsely certifies the medical condition of any person in order to obtain family temporary disability insurance benefits, with the intent to defraud, whether for the maker or for any other person, the director shall assess a penalty against the individual in the amount of twenty-five percent (25%) of the benefits paid as a result of the false certification. Unless otherwise specified to the contrary, all of the provisions of chapters 39  41 of this title shall apply to the temporary caregiver insurance program.

(b) If a physician or other qualified healthcare provider licensed by a foreign country is under investigation by the department for assisting in the filing of false claims and the department does not have the legal remedies to conduct a criminal investigation or prosecution in that country, the department may suspend the processing of all further certifications until the licensed qualified healthcare provider fully cooperates and continues to cooperate with the investigation. A qualified healthcare provider licensed by and practicing in a foreign country who has been convicted of filing false claims with the department shall be barred indefinitely from filing a certificate in support of a temporary disability insurance or temporary caregiver insurance claim in the state of Rhode Island.
R.I. Gen. Laws § 28-11-4 — RI Code / Title 28 / Chapter 28-11 / Section 28-11-4
§ 28-11-4. Penalty for violations by street railways.
Status: in_force

Any street railway corporation violating any of the provisions of §§ 28-11-2 and 28-11-3 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500), one-half (Â½) of that amount to the use of the complainant and the other one-half (Â½) to the use of the state.
R.I. Gen. Laws § 28-7-2 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-2
§ 28-7-2. Policy of chapter.
Status: in_force

(a) The economic necessity for employees to possess full freedom of association, actual liberty of contract, and bargaining power equal to that of their employers, who are frequently organized in corporate or other forms of association, has long been sanctioned by public opinion, and recognized and affirmed by legislatures and the highest courts. As the modern industrial system has progressed, there has developed between and among employees and employers an ever greater economic interdependence and community of interest which have become matters of vital public concern. Employers and employees have recognized that the peaceable practice and wholesome development of that relationship and interest are materially aided by the general adoption and advancement of the procedure and practice of bargaining collectively as between equals. It is in the public interest that equality of bargaining power be established and maintained. It is likewise recognized that the denial by some employers of the right of employees freely to organize and the resultant refusal to accept the procedure of collective bargaining substantially and adversely affect the interest of employees, other employers, and the public in general. This denial creates variations and instability in competitive wage rates and working conditions within and between industries and between employees and employers engaged in those industries, and by depressing the purchasing power of wage earners and the profits of business, tends to:

(1) Produce and aggravate recurrent business depressions;

(2) Increase the disparity between production and consumption;

(3) Create unemployment with its attendant dangers to the health, peace and morale of the people; and

(4) Increase public and private expenditures for relief of the needy and the unemployed.

(b) When some employers deny the right of employees to full freedom of association and organization, and refuse to recognize the practice and procedure of collective bargaining, their actions lead to strikes, lockouts, and other forms of industrial strife and unrest which are inimical to the public safety and welfare, and frequently endanger the public health.

(c) Experience has proved that protection by law of the right of employees to organize and bargain collectively removes certain recognized sources of industrial strife and unrest, encourages practices fundamental to the friendly adjustment of industrial disputes arising out of differences as to wages, hours, or other working conditions, and tends to restore equality of bargaining power between and among employers and employees, thereby advancing the interests of employers as well as employees.

(d) In the interpretation and application of this chapter and otherwise, it is declared to be the public policy of the state to encourage the practice and procedure of collective bargaining, and to protect employees, when not already protected by the National Labor Relations Board, 29 U.S.C. §§ 151-169, in the exercise of full freedom of association, self organization, and designation of representatives of their own choosing for the purposes of collective bargaining, or other mutual aid and protection, free from the interference, restraint, or coercion of their employers.

(e) All the provisions of this chapter shall be liberally construed for the accomplishment of this purpose.

(f) 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 § 28-48-7 — RI Code / Title 28 / Chapter 28-48 / Section 28-48-7
§ 28-48-7. Enforcement powers of the director.
Status: in_force

If, after giving an employer written notice and an opportunity to be heard, the director finds that the employer has failed to comply with any provision of this chapter, the director may issue the orders that he or she deems necessary to protect the rights of any employee. The director shall promulgate the rules and regulations that are necessary and appropriate to carry out the provisions of this section.
R.I. Gen. Laws § 28-33-18.2 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-18.2
§ 28-33-18.2. Suitable alternative employment.
Status: in_force

(a) When an employee has sustained an injury that entitles the employee to receive benefits pursuant to § 28-33-18 or § 28-34-3, the employee may become capable of suitable alternative employment as determined by the workers compensation court, or may be offered suitable alternative employment as agreed to by the employee and employer with written notice to the director. The employer or insurer shall pay an injured employee who accepts suitable alternative employment a weekly compensation equal to sixty-six and two-thirds percent (66 %) of the difference between the employees average weekly wage, earnings, or salary before the injury and his or her weekly wages, earnings, or salary from the suitable alternative employment. Effective January 1, 2025, the employer or insurer shall pay an injured employee who accepts suitable alternative employment a weekly compensation equal to sixty-two percent (62%) of the difference between the employees average weekly wage, earnings, or salary before the injury and his or her weekly wages, earnings, or salary from the suitable alternative employment.

(b) The acceptance of suitable alternative employment shall not be mandatory if it results in the inequitable forfeiture or loss of seniority with the employer or a monetary benefit or other substantial benefit including, but not limited to, vested pension and/or profit sharing contributions, arising from the employment relationship.

(c) If suitable alternative employment as determined by the workers compensation court has been offered to the employee and the employee has refused to accept the employment, then the workers compensation court shall, in fixing the amount of compensation payable subsequent to the refusal, treat earnings capacity as post-injury earnings, requiring the employer or insurer to pay the injured employee a weekly compensation equal to sixty-six and two-thirds percent (66 %) of the difference between the employees average weekly wage, earnings, or salary before the injury and the weekly earning capacity. In no case shall increases in payments made to an injured employee pursuant to § 28-33-18.3(b)(1) or § 28-33-17(f) be considered in the calculation of the weekly compensation due pursuant to this section. The fact that the employee is undergoing rehabilitation does not by itself exempt the employee from the provisions of this subsection.

(d) If the suitable alternative employment is terminated by the employer for reasons other than misconduct by the employee, the injured employee shall be entitled to be compensated from the employer in whose employ he or she was injured at the rate to which the employee was entitled prior to acceptance of the employment after notice by the employee to the employer in whose employ he or she was injured. The payments shall be made no later than fourteen (14) days after the notice. If suitable alternative employment is terminated by the employer for misconduct of the employee, or by the employee, the compensation payable to the employee shall not exceed that payable during continuance of suitable alternative employment. Upon request to the workers compensation court, the employee shall have the right to a determination as to whether or not the termination was justified. Any employee who accepts suitable alternative employment with his or her employer of record shall continue to maintain the seniority status and all rights incidental to it that the employee enjoyed prior to his or her injury, except that these rights shall not exceed the current rights of a similar employee with equal seniority.
R.I. Gen. Laws § 28-42-82 — RI Code / Title 28 / Chapter 28-42 / Section 28-42-82
§ 28-42-82. Job development fund.
Status: in_force

Whereas, improvements in the standard of living for all Rhode Islanders, by increasing their prosperity and their opportunities for continued employment and better jobs, is one of the top priorities of state government;

Whereas, the rapidly changing economy requires that the Rhode Island workforce be able to adapt to emerging needs of the workplace;

Whereas, the energies and resources of numerous state agencies and commissions contribute to the states overall response to the needs of the workforce and must be coordinated to achieve maximum efficiency and effectiveness; and

Whereas, the competitiveness of Rhode Island businesses is dependent on a well-skilled, literate, and productive workforce:

Now, therefore, the general assembly declares as follows:

(1) There is a need to stimulate long-term economic development; reconcile the needs of parents, work, and families; better integrate immigrants and minorities fully into the workforce; and improve workers educational preparation and skills;

(2) Enhancement of the competitiveness of the states businesses and workforce requires state support and encouragement for programs aimed at improving skill levels and expanding opportunities of all segments of the workforce, particularly those in need of customized training or training to upgrade existing skill levels; and

(3) These needs require the establishment of a job development fund pursuant to §28-42-83 and the establishment of the governors workforce board Rhode Island (workforce board) pursuant to chapter 102 of title 42 to administer the fund.
R.I. Gen. Laws § 28-44-44 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-44
§ 28-44-44. Procedure before appeal tribunal  Record.
Status: in_force

A reasonable opportunity for a fair hearing shall be promptly afforded all interested parties. An appeal tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common law rules. The board of review shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals, consistent with the provisions of chapters 42  44 of this title. A record shall be kept of all testimony and proceedings in an appeal, but testimony need not be transcribed unless further review is initiated.
R.I. Gen. Laws § 28-41-18 — RI Code / Title 28 / Chapter 28-41 / Section 28-41-18
§ 28-41-18. Filing of appeal  Parties  Withdrawal.
Status: in_force

Any claimant may file an appeal from the determination of the director to an appeal tribunal within the specified time. The parties to an appeal from a determination shall include all interested parties, including the director. Appeals may be withdrawn at the request of the appellant and with the permission of the appeal tribunal, if the record preceding the appeal and the request for the withdrawal support the correctness of the determination and indicate that no coercion or fraud is involved in the withdrawal.
R.I. Gen. Laws § 28-35-44 — RI Code / Title 28 / Chapter 28-35 / Section 28-35-44
§ 28-35-44. Monthly or quarterly payments to nonresidents.
Status: in_force

If an employee receiving a weekly payment under chapters 29  38 of this title ceases to reside in the state, or if his or her residence at the time of accident is in an adjoining state, the workers compensation court, upon the application of either party, may, in its discretion, having regard to the welfare of the employee and the convenience of the employer, order that payment to be made monthly or quarterly instead of weekly.
R.I. Gen. Laws § 28-14-10.2 — RI Code / Title 28 / Chapter 28-14 / Section 28-14-10.2
§ 28-14-10.2. Deduction of premium for prepaid legal services.
Status: in_force

(a) Notwithstanding any other provision of law, upon the written authorization of an employee of any state agency, the disbursing officer shall deduct from the employees wages and forward to the designated prepaid legal services plan that employees contributions, subscriptions, or premium payments under the plan.

(b) All plans receiving funds under this section shall reimburse the state for the administrative costs of making the deductions.

(c) State agency means any department, agency, board, office, or commission in state government.
R.I. Gen. Laws § 28-7-33 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-33
§ 28-7-33. Access of board to evidence  Subpoena power  Oaths and affirmations.
Status: in_force

For the purpose of all hearings and investigations that, in the opinion of the board, are necessary and proper for the exercise of the powers vested in it by §§ 28-7-14  28-7-25, the board, or its duly authorized agents or agencies, shall at all reasonable times have access to, for the purposes of examination and the right to examine, copy, or photograph any evidence, including payrolls or list of employees, of any person being investigated or proceeded against that relates to any matter under investigation or in question. Any member of the board shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or in question before the board, its member, agent, or agency conducting the hearing or investigation. Any member of the board, or any agent or agency designated by the board for these purposes, may administer oaths and affirmations, examine witnesses, and receive evidence.
R.I. Gen. Laws § 28-14-20 — RI Code / Title 28 / Chapter 28-14 / Section 28-14-20
§ 28-14-20. Filing of claims.
Status: in_force

(a) All claims for wages may be filed with the director within three (3) years from the time of services rendered by an employee to his or her employer.

(b) An aggrieved person who alleges a violation of any provision of this chapter may bring a civil action for appropriate injunctive relief or actual damages or both within three (3) years after the occurrence of the alleged violation of this chapter.

(c) An action commenced pursuant to subsection (b) may be brought in the court for the county where the alleged violation occurred; the county where the complainant resides; or the county where the employer against whom the civil complaint is filed resides or has his, her or its principal place of business.

(d) As used in subsection (b), damages include two (2) times the wages owed to the employee for the first offense.

(e) Attorneys fees, including litigation expenses, may be granted to a prevailing plaintiff.
R.I. Gen. Laws § 28-29-9 — RI Code / Title 28 / Chapter 28-29 / Section 28-29-9
§ 28-29-9. Service of process on nonresident employers.
Status: in_force

Every employer, subject to or who or that elects to become subject to the provisions of chapters 29  38 of this title, other than a corporation, who or that is not a resident of the state or an unincorporated association, a firm, or a partnership, having no members resident of the state, shall file with the director a duly executed written power appointing some competent person resident in this state as the employers agent with authority to accept service of process against the employer in this state and upon whom all process, including the process of garnishment, against the employer in this state may be served, and who, in case of garnishment when the fees for it have been paid or tendered, shall make the affidavit required by law in those cases, and who shall cause an appearance to be entered in like manner as if the employer had resided and been duly served with process within this state. Service of process upon the resident agent shall be deemed sufficient service upon the employer. If the resident agent dies, resigns, or moves from the state, the employer shall file with the director a further written power appointing some other competent person residing in this state as agent for service of process purposes. No power of agency shall be revoked until after a like power has been given to some other competent person resident in this state and filed as provided. Any nonresident employer who or that has duly filed a withdrawal of election to be subject to the provisions of chapters 29  38 of this title may revoke the power of agency by a written instrument of revocation filed with the director. No revocation shall be effective as to any liability arising out of any act or omission on the part of the employer occurring prior to the time when the withdrawal of acceptance of the provisions of those chapters became effective.
R.I. Gen. Laws § 28-44-57 — RI Code / Title 28 / Chapter 28-44 / Section 28-44-57
§ 28-44-57. Fees and costs chargeable.
Status: in_force

(a) No individual claiming benefits shall be charged fees of any kind by the director or his or her representative, or by the board of review or its representatives, in any proceeding under chapters 42  44 of this title. Any individual claiming benefits in any proceeding or court action may be represented by counsel or other duly authorized agent. The director shall have the authority to fix the fees of that counsel or other duly authorized agent, but no counsel or agent shall together be allowed to charge or receive for those services more than ten percent (10%) of the maximum benefits at issue in that proceeding or court action but not less than fifty dollars ($50.00) except as specifically allowed by the superior court.

(b) In any case in which either an employer appeals from a determination in favor of the claimant or a claimant successfully appeals a decision unfavorable to the claimant to an appeals body other than a court of law and the claimant retains an attorney-at-law to represent him or her, the attorney shall be entitled to a counsel fee of ten percent (10%) of the amount of benefits at issue before the appeals body but not less than two hundred fifty dollars ($250), which shall be paid by the director out of the employment security administrative funds, within thirty (30) days of the date of his or her appearance.

(c)(1) An attorney-at-law who represents an individual claiming benefits on an appeal to the courts shall be entitled to counsel fees upon final disposition of the case and necessary court costs and printing disbursements as fixed by the court.

(2) The director shall pay those counsel fees, costs, and disbursements out of the employment security administrative funds in each of the following cases:

(i) Any court appeal taken by a party other than the claimant from an administrative or judicial decision favorable in whole or in part to the claimant;

(ii) Any court appeal by a claimant from a decision denying or reducing benefits awarded under a prior administrative or judicial decision; and

(iii) Any court appeal as a result of which the claimant is awarded benefits.
R.I. Gen. Laws § 28-57-3 — RI Code / Title 28 / Chapter 28-57 / Section 28-57-3
§ 28-57-3. Definitions.
Status: in_force

As used in the chapter, the following words and terms have the following meanings:

(1) Care recipient means a person for whom the employee is responsible for providing or arranging health- or safety-related care, including, but not limited to, helping the person obtain diagnostic, preventive, routine, or therapeutic health treatment or ensuring the person is safe following domestic violence, sexual assault, or stalking.

(2) CCAP family childcare provider means a childcare worker as defined in § 40-6.6-2(2).

(3) Child means a person as defined in § 28-41-34(3).

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

(5) Domestic partner means a party to a civil union as defined in chapter 3.1 of title 15 or a person who meets the requirements in §§ 36-12-1(3)(i) through (3)(v) and has the same meaning as that term is defined in § 8-8.2-20.

(6) Domestic violence means certain crimes when committed by one family or household member against another as defined in § 12-29-2.

(7) Employee means any person suffered or permitted to work by an employer, except for those not considered employees as defined in § 28-12-2. Independent contractors, subcontractors, work study participants as described pursuant to 20 U.S.C. § 1087-53, and any other individuals pursuant to the provisions of 29 U.S.C. § 203 et seq. (Fair Labor Standards Act) shall not be considered to be employees for the purpose of this act.

(8) Employer means any individual or entity that includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer, in relation to an employee as defined in § 28-12-2, but does not include the federal government, and provided that in determining the number of employees performing work for an employer as defined in 29 C.F.R. § 791.2 of the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., the total number of employees in that group shall be counted.

(9) Family member means a child, parent, spouse, mother-in-law, father-in-law, grandparents, grandchildren, or domestic partner, sibling, care recipient, or member of the employees household.

(10) Healthcare professional means any person licensed under federal or Rhode Island law to provide medical or emergency services, including, but not limited to: doctors, nurses, and emergency room personnel.

(11) Paid sick leave time or paid sick and safe leave time means time that is compensated at the same hourly rate and with the same benefits, including healthcare benefits, as the employee normally earns during hours worked and is provided by an employer to an employee for the purposes described in § 28-57-6, but in no case shall the hourly wage paid leave be less than that provided under § 28-12-3.

(12) Parent means a person as defined in § 28-41-34(9) or a person as defined in § 28-41-34(10).

(13) Seasonal employee means a person as defined in 26 C.F.R. § 54.4980H-1(a)(38).

(14) Sexual assault means a crime as defined in § 11-37-2, § 11-37-4 or § 11-37-6.

(15) Sibling means a brother or a sister, whether related through half blood, whole blood, or adoption, a foster sibling, or a step-sibling.

(16) Spouse means a person as defined in § 28-41-34(13).

(17) Stalking means a crime as described in §§ 11-59-2 and 11-52-4.2.

(18) Temporary employee means any person working for, or obtaining employment pursuant to an agreement with any employment agency, placement service, or training school or center.

(19) Unpaid sick time is time that is used for the purposes described in § 28-57-6.

(20) Year means a regular and consecutive twelve-month (12) period as determined by the employer; except that for the purposes of § 28-57-7, year means a calendar year.
R.I. Gen. Laws § 28-20-31 — RI Code / Title 28 / Chapter 28-20 / Section 28-20-31
§ 28-20-31. Notice of judicial review  Rules of practice.
Status: in_force

In any proceedings under § 28-20-30, the court shall order notice to be given to the commission and to the director in any manner that it shall determine. Any proceeding under § 28-20-30 and the pleadings therein shall be governed by the laws and rules of practice applicable to other civil actions in the superior courts.
R.I. Gen. Laws § 28-33-34 — RI Code / Title 28 / Chapter 28-33 / Section 28-33-34
§ 28-33-34. Physical examination by employers physician  Report.
Status: in_force

The employee shall, after an injury, and at reasonable times during the continuance of his or her disability if so requested by his or her employer, submit himself or herself to an examination by a physician, or rehabilitation counselor certified by the director pursuant to § 28-33-41 in cases where the employee has received compensation for a period of more than three (3) months, furnished and paid for by the employer. The employee shall have the right to have a physician provided by the employee and paid for by the employer present at the examination. The employee shall be entitled to a full, exact, signed duplicate copy of the medical report of the examining physician, which shall be mailed by the employer or carrier to the employee and his or her attorney upon receipt of the original report by the employer or carrier. Failure to do so shall make the report or evidence of the examining physician inadmissible if objection is made by the employee to the admission of the report or evidence. Provided, that at the employees or his or her attorneys request, a judge of the workers compensation court shall order the employer or carrier to furnish to the employee a full, exact, signed duplicate copy of the medical report of the examining physician. Nothing in this section shall be construed to require the employee to be receiving benefits as a condition precedent to the requirement of an examination.
R.I. Gen. Laws § 28-7-41 — RI Code / Title 28 / Chapter 28-7 / Section 28-7-41
§ 28-7-41. Records of proceedings.
Status: in_force

Subject to rules and regulations to be made by the board, the complaints, orders, and testimony relating to a proceeding instituted by the board under §§ 28-7-20  28-7-25 may be made public records and be made available for inspection and copying. All proceedings pursuant to §§ 28-7-20  28-7-25 shall be open to the public.
R.I. Gen. Laws § 28-41-1 — RI Code / Title 28 / Chapter 28-41 / Section 28-41-1
§ 28-41-1. Fund from which benefits payable  Agencies through which paid.
Status: in_force

Benefits shall be payable from the fund and shall be paid through employment offices, or any other agencies that the director may designate and the federal Social Security Administration may approve, in accordance with prescribed regulations.
R.I. Gen. Laws § 28-56-3 — RI Code / Title 28 / Chapter 28-56 / Section 28-56-3
§ 28-56-3. Social media access requests prohibited.
Status: in_force

No employer shall compel an employee or applicant to add anyone, including the employer or the employers agent, to their list of contacts associated with a personal social media account or require, request, or cause an employee or applicant to alter settings that affect a third partys ability to view the contents of a personal social media account.