reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-25. - Rule of decision — Certification of questions to board.

§ 28-41-25. Rule of decision — Certification of questions to board.
Final decisions of the board of review and the principles of law declared in their support shall be binding in all subsequent proceedings involving similar questions, unless expressly or impliedly overruled by a later decision of the board or of a court of competent jurisdiction. Final decisions of appeal tribunals and the principles of law declared in their support shall be binding on the director and shall further be persuasive authority in subsequent appeal tribunal proceedings. If in any subsequent proceedings, the director or an appeal tribunal has serious doubt as to the correctness of any principles previously declared by an appeal tribunal or by the board, or if there is an apparent inconsistency or conflict in final decisions of comparable authority, then the findings of fact in that case may be certified, together with the question of law involved, to the board. After giving notice and reasonable opportunity for a hearing upon the law to all parties to the proceedings, the board shall certify to the director or appeal tribunal and the parties in interest, its answer to the question submitted, or the board, in its discretion, may remove to itself the entire proceeding as provided in § 28-41-23 and render its decision upon the entire case.
History of Section.
P.L. 1942, ch. 1200, § 7; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-41-25.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-26. - Denial of appeal to board deemed decision of board.

§ 28-41-26. Denial of appeal to board deemed decision of board.
For the purposes of judicial review, an appeal tribunal’s decision from which an application for appeal has been denied by the board of review shall be deemed to be the decision of the board, except that the time for initiating judicial review shall run from the date of the mailing or delivery of the notice of the denial of the application for appeal by the board.
History of Section.
P.L. 1942, ch. 1200, § 7; P.L. 1946, ch. 1744, § 7; P.L. 1942, ch. 1200, § 8; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-41-26.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-27. - Judicial appeals.

§ 28-41-27. Judicial appeals.
Appeals from administrative orders or decisions made pursuant to any provisions of this chapter shall be to the sixth division district court, pursuant to chapter 35 of title 42, the administrative procedures act.
History of Section.
P.L. 1942, ch. 1200, § 8; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-41-27; P.L. 1976, ch. 140, § 8; P.L. 1982, ch. 388, §§ 3, 7.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-28. - Parties to review — Service of petition — Certification of record.

§ 28-41-28. Parties to review — Service of petition — Certification of record.
The board of review and all parties to the proceedings before it shall be parties to the review proceedings. If the director is a party respondent, the petition shall be served by leaving with him or her, or any representative whom he or she designates for that purpose, as many copies of the petition as there are respondents. Within ten (10) days after filing of the petition, an affidavit of compliance shall be filed with the superior court in which the petition has been filed. The director shall file with the court certified copies of the record of the case together with his or her petition for review or his or her answer to the appellant’s petition. Upon the filing of a petition for review by the director, or upon service of a petition upon him or her, the director shall send a copy of the petition by registered or certified mail to each party and that mailing shall constitute service upon the parties.
History of Section.
P.L. 1942, ch. 1200, § 8; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 28-41-28.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-29. - Questions reviewed by court — Additional evidence — Precedence — Appeal to supreme court.

§ 28-41-29. Questions reviewed by court — Additional evidence — Precedence — Appeal to supreme court.
The jurisdiction of the reviewing court shall be confined to questions of law and, in the absence of fraud, the findings of fact by the board of review, if supported by substantial evidence regardless of statutory or common-law rules, shall be conclusive. Additional evidence required by the court shall be taken before the board, and the board, after hearing that additional evidence, shall file with the court any additional or modified findings of fact or conclusions that it may make, together with transcripts of the additional record. All proceedings under §§ 28-41-26 — 28-41-29 shall be summarily heard and given precedence over all other civil cases. Appeals involving benefit rights shall be given precedence over all other cases arising under chapters 39 — 41 of this title. An appeal may be taken from the decision of the superior court to the supreme court in the same manner as an appeal is taken under § 28-35-29, relating to appeals in cases under the workers’ compensation law.
History of Section.
P.L. 1942, ch. 1200, § 8; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-41-29.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-30. - Waiver of rights — Agreement to pay employer’s contributions.

§ 28-41-30. Waiver of rights — Agreement to pay employer’s contributions.
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.
History of Section.
P.L. 1942, ch. 1200, § 10; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-41-30.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-31. - Fees charged claimants.

§ 28-41-31. Fees charged claimants.
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 39 — 41 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 agents shall together be allowed to charge or receive for those services more than ten per cent (10%) of the maximum benefits at issue in that proceeding or court action except as specifically allowed by the superior court.
History of Section.
P.L. 1942, ch. 1200, § 10; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-41-31.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-32. - Exemption of benefits from assignment or process.

§ 28-41-32. Exemption of benefits from assignment or process.
Benefits that are due or may become due under chapters 39 — 41 of this title shall not be assigned, pledged, or encumbered before payment. When awarded, adjudged, or paid, so long as they are not mingled with other funds of the recipient, the benefits shall be exempt from all claims of creditors, and from levy, execution, and attachment or other remedy now or subsequently provided for recovery or collection of debt, which exemption may not be waived.
History of Section.
P.L. 1942, ch. 1200, § 10; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-41-32.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-33. - Legal counsel to board of review.

§ 28-41-33. Legal counsel to board of review.
(a)
The board of review shall be empowered to appoint and employ a qualified attorney, who shall act in accordance with any instructions that he or she may receive from the board concerning appeals from its decisions and other related duties, and shall be paid an annual base salary of eleven thousand dollars ($11,000).
(b)
Whenever the board becomes a party to court action, the attorney shall represent its interests before the courts.
(c)
The duly appointed attorney shall serve in this capacity for a term of three (3) years from the date of his or her appointment by the board, and until his or her successor is appointed.
History of Section.
P.L. 1972, ch. 287, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-34. - Temporary caregiver insurance.

§ 28-41-34. Temporary caregiver insurance.
The purpose of this chapter is to establish, within the state temporary disability insurance program, a temporary caregiver insurance program to provide wage replacement benefits in accordance with the provisions of this chapter, to workers who take time off work to care for a seriously ill child, spouse, domestic partner, parent, parent-in-law, grandparent, or to bond with a new child.
Definitions as used in this chapter:
(1)
“Adopted child” means a child adopted by, or placed for adoption with, the employee.
(2)
“Bonding or bond” means to develop a psychological and emotional attachment between a child and his or her parent(s) or persons who stand in loco parentis. This shall involve being in one another’s physical presence.
(3)
“Child” means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or a son or daughter of an employee who stands in loco parentis to that child.
(4)
“Department” means the department of labor and training.
(5)
“Domestic partner” means a party to a civil union as defined by chapter 3.1 of title 15.
(6)
“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.
(7)
“Grandparent” means a parent of the employee’s parent.
(8)
“Newborn child” means a child under one year of age.
(9)
“Parent” means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stands in loco parentis to the employee or the employee’s spouse or domestic partner when he/she was a child.
(10)
“Parent-in-law” means the parent of the employee’s spouse or domestic partner.
(11)
“Persons who stand in loco parentis” means those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship shall not be required.
(12)
“Serious health condition” means any illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, residential healthcare facility, or continued treatment or continuing supervision by a licensed healthcare provider.
(13)
“Spouse” means a party in a common law marriage, a party in a marriage conducted and recognized by another state or country, or in a marriage as defined by chapter 3 of title 15.
History of Section.
P.L. 2013, ch. 187, § 1; P.L. 2013, ch. 213, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-37. - Determination of claim.

§ 28-41-37. Determination of claim.
(a)
In accordance with § 28-41-16, upon the filing of a claim, the director shall promptly examine the claim and on the basis of facts found by the director and records maintained by the department, the claim shall be determined to be valid or invalid. If the claim is determined to be valid, the director shall promptly notify the claimant as to the week with respect to which benefits shall commence, the weekly benefit amount payable, and the maximum duration of those benefits. If the claim is determined to be invalid, the director shall likewise notify the claimant and any other interested parties of that determination and the reasons for it. If the processing of the claim is delayed for any reason, the director shall notify the claimant, in writing, within three (3) weeks of the date the application for benefits is filed of the reason for the delay. Unless the claimant or any other interested party, within fifteen (15) days, requests a hearing before the board of review, the determination with reference to the claim is final. However, for good cause shown, the fifteen-day (15) period may be extended after notification by the director has been mailed to his or her last known address, as provided in this section. At any time within one year from the date of a monetary determination, the director, upon request of the claimant or on his or her own motion, may reconsider his or her determination if he or she finds that an error in computation or identity has occurred in connection with it or that additional wages pertinent to the claimant’s status have become available, or if that determination has been made as a result of a nondisclosure or misrepresentation of a material fact.
(b)
If an appeal is duly filed, benefits with respect to the period prior to the final decision, if it is found that those benefits are payable, shall be paid only after the decision. If an appeal tribunal affirms a decision of the director, or the board of review affirms a decision of an appeal tribunal allowing benefits, those benefits shall be paid regardless of any appeal which may subsequently be taken.
History of Section.
P.L. 2013, ch. 187, § 1; P.L. 2013, ch. 213, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-38. - Confidential health information.

§ 28-41-38. Confidential health information.
Information pursuant to any individual’s temporary disability claim or temporary caregiver insurance claim shall be held confidential in accordance with chapters 39 — 41 of this title, § 28-39-19, and chapter 37.3 of title 5, and all applicable state and federal regulations.
History of Section.
P.L. 2013, ch. 187, § 1; P.L. 2013, ch. 213, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-39. - Powers and duties.

§ 28-41-39. Powers and duties.
The director of the department of labor and training shall have the following powers and duties:
(1)
To promulgate regulations relative to the operation of the temporary caregiver insurance program;
(2)
To create all necessary applications and certificates to fulfill the purposes of this section;
(3)
To disseminate information regarding the program to Rhode Island employers and shall carry out a public education program to inform workers and employers about the availability of benefits under the temporary caregiver insurance program. The director may use a proportion of the funds collected for the temporary caregiver insurance program in a given year to pay for the public education program and/or funding received from other sources for the purpose of educating the public about their benefits. Outreach information shall be available in English and other languages; and
(4)
To inform Rhode Island employees of their disability insurance rights and benefits due to the employee’s own sickness, injury, or pregnancy, or the employee’s need to provide care for any sick or injured family member or new child. The notice shall be given by every eligible employer to each new employee hired on or after January 1, 2014, and to each employee taking leave from work on or after January 1, 2014, due to pregnancy or the need to provide care for any sick or injured family member or new child. The director shall require each employer to post and maintain information regarding the program in accordance with § 28-41-15.
History of Section.
P.L. 2013, ch. 187, § 1; P.L. 2013, ch. 213, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-40. - Fraud and misrepresentation of benefits.

§ 28-41-40. Fraud and misrepresentation of benefits.
(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.
History of Section.
P.L. 2013, ch. 187, § 1; P.L. 2013, ch. 213, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-41. - Criminal prosecution.

§ 28-41-41. Criminal prosecution.
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, who shall be designated by the director and approved by the attorney general to institute and prosecute that action.
History of Section.
P.L. 2013, ch. 187, § 1; P.L. 2013, ch. 213, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-42. - Receipt of federal funds.

§ 28-41-42. Receipt of federal funds.
To the extent that funds are made available by the federal government, under Title III of the Social Security Act (42 U.S.C. § 501 et seq.), or otherwise for such purpose, the expenses of administering chapters 39 — 41 of this title shall be paid from those funds, provided that this section shall not be considered to permit any expenditure of funds from the employment security administration account contrary to § 28-42-29. In the event that the Social Security Act is amended to permit funds granted under Title III to be used to pay expenses of administering a sickness compensation law, such as chapters 39 — 41 of this title, then from and after the effective date of that amendment, the expenses of administering those chapters shall be paid out of the employment security administration account or any other account or fund in which funds granted under Title III are deposited.
History of Section.
P.L. 2013, ch. 187, § 1; P.L. 2013, ch. 213, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-1. - Short title.

§ 28-42-1. Short title.
Chapters 42 — 44 of this title shall be known and may be cited as the “Employment Security Act.”
History of Section.
P.L. 1936, ch. 2333, § 1; G.L. 1938, ch. 284, § 1; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-42-1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-2. - Declaration of policy.

§ 28-42-2. Declaration of policy.
Economic insecurity, due to unemployment, being a serious menace to the health, morale, and general welfare of the people of this state, is, therefore, a subject of interest and concern to the community as a whole, warranting appropriate action by the general assembly to prevent its spread and to lighten the burden that now falls on the unemployed worker and his or her family. According to the report of the joint special commission appointed pursuant to the joint resolutions, the evidence seems conclusive that in the face of recurring periods of business depression, which industry and commerce appear powerless to prevent, the industrial worker’s position is extremely insecure. The individual is as incapable of protecting himself or herself against unemployment as industry is of preventing it. Experience has shown that if the state delays action until unemployment becomes excessive, it can neither promptly create the organizations necessary to orderly, economical, and effective relief, nor bear the financial burden of relief without disrupting its whole system of ordinary revenues and jeopardizing its credit. Chapters 42 — 44 of this title are designed to meet in some measure this situation by providing for the accumulation of a fund to assist in protecting the public against the ill effects of unemployment that may arise in future years.
History of Section.
P.L. 1936, ch. 2333, § 2; G.L. 1938, ch. 284, § 2; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-42-2; P.L. 2000, ch. 109, § 39.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-4. - Services performed partly outside state.

§ 28-42-4. Services performed partly outside state.
“Employment” includes an individual’s entire service, performed within or both within and without this state, if:
(1)
The service is localized in this state; or
(2)
The service is not localized in any state but some of the service is performed in this state and
(i)
The base of operations, or, if there is no base of operations, then the place from which the service is directed or controlled, is in this state; or
(ii)
The base of operations or place from which that service is directed or controlled is not in any state in which some part of the service is performed but the individual’s residence is in this state.
History of Section.
P.L. 1936, ch. 2333, § 3; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 3; P.L. 1939, ch. 659, § 2; P.L. 1939, ch. 670, § 1; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-42-4.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-5. - Localized service defined.

§ 28-42-5. Localized service defined.
Service is deemed to be localized within a state if:
(1)
The service is performed entirely within that state; or
(2)
The service is performed both within and out of that state, but the service performed out of that state is incidental to the individual’s service within the state; for example, is temporary or transitory in nature or consists of isolated transactions.
History of Section.
G.L. 1938, ch. 284, § 3; P.L. 1939, ch. 659, § 2; P.L. 1939, ch. 670, § 1; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-42-5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-6. - Service by residents performed entirely outside state.

§ 28-42-6. Service by residents performed entirely outside state.
Services not covered under § 28-42-4 and performed entirely out of this state, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state or of the federal government, shall be deemed to be employment subject to chapters 42 — 44 of this title if the individual performing those services is a resident of this state and the director approves the election of the employing unit for whom those services are performed, that the entire service of that individual shall be deemed to be employment subject to those chapters.
History of Section.
G.L. 1938, ch. 284, § 3; P.L. 1939, ch. 659, § 2; P.L. 1939, ch. 670, § 1; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-42-6.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-6.1. - Service by U.S. citizens performed outside United States for American employer.

§ 28-42-6.1. Service by U.S. citizens performed outside United States for American employer.
(a)
The services of an individual, who is a citizen of the United States, performed outside the United States (except in Canada) after December 31, 1971, or after December 31, 1977, in the case of the Virgin Islands, in the employ of an American employer (other than service that is deemed “employment” under §§ 28-42-4 — 28-42-6, or the parallel provisions of another state’s law) shall be deemed to be employment subject to chapters 42 — 44 if:
(1)
The employer’s principal place of business in the United States is located in this state;
(2)
The employer has no place of business in the United States, but the employer is:
(i)
An individual who is a resident of this state;
(ii)
A corporation which is organized under the laws of this state; or
(iii)
A partnership or a trust and the number of the partners or trustees who are residents of this state is greater than the number who are residents of any one other state; or
(3)
None of the criteria of subsections (a)(1) and (a)(2) is met, but the employer has elected coverage in this state, or the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on that service, under the law of this state.
(b)
An “American employer,” for the purposes of this section, means a person who is:
(1)
An individual who is a resident of the United States;
(2)
A partnership if two-thirds (⅔) or more of the partners are residents of the United States;
(3)
A trust, if all of the trustees are residents of the United States; or
(4)
A corporation organized under the laws of the United States or of any state.
(c)
“United States,” for the purposes of this section, includes the states, the District of Columbia, the commonwealth of Puerto Rico, and the Virgin Islands.
History of Section.
P.L. 1971, ch. 94, § 7; P.L. 1977, ch. 92, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-7. - Independent contractor and employee distinguished.

§ 28-42-7. Independent contractor and employee distinguished.
The determination of independent contractor or employee status for purposes of chapters 42 — 44 of this title shall be the same as those factors used by the Internal Revenue Service in its code and regulations.
History of Section.
G.L. 1938, ch. 284, § 3; P.L. 1939, ch. 659, § 2; P.L. 1939, ch. 670, § 1; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-42-7; P.L. 1998, ch. 234, § 1; P.L. 1998, ch. 334, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-9. - Maritime services.

§ 28-42-9. Maritime services.
For the purpose of establishing coverage of maritime services rendered on, or in connection with, vessels, the provisions of §§ 28-42-4 and 28-42-5 and those of the Interstate Maritime Reciprocal Agreement shall apply.
History of Section.
G.L. 1938, ch. 284, § 3; P.L. 1943, ch. 1365, § 1; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-42-9; P.L. 1971, ch. 94, § 5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-10. - Services performed by students.

§ 28-42-10. Services performed by students.
“Employment” does not include services performed in the employ of a school, college, or university, by a student who is enrolled and regularly attending classes at that school, college, or university.
History of Section.
G.L. 1938, ch. 284, § 3; P.L. 1939, ch. 659, § 2; P.L. 1939, ch. 670, § 1; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-42-10; P.L. 1961, ch. 103, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-11. - Employees of agents and contractors of employing units.

§ 28-42-11. Employees of agents and contractors of employing units.
(a)
Whenever any employing unit contracts with or has under it any contractor or subcontractor for any work that is part of its usual trade, occupation, profession, or business, unless the employing unit, as well as each contractor or subcontractor, is an employer by reason of § 28-42-3(16), the employing unit shall for all the purposes of chapters 42 — 44 of this title be deemed to employ each individual in the employ of each contractor or subcontractor for each day during which that individual is engaged in performing that work; except that each contractor who is an employer by reason of § 28-42-3(16) shall alone be liable for contributions measured by wages paid to individuals in his or her employ, and except that any employing unit who or that becomes liable for and pays contributions with respect to individuals in the employ of any contractor or subcontractor who or that is not an employer by reason of § 28-42-3(16), may recover the contributions from that contractor or subcontractor.
(b)
Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by that employing unit for all the purposes of chapters 42 — 44 of this title, whether that individual was hired or paid directly by that employing unit or by that agent or employee, provided the employing unit had actual or constructive knowledge of the work.
History of Section.
P.L. 1936, ch. 2333, § 3; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 3; P.L. 1939, ch. 659, § 2; P.L. 1939, ch. 670, § 1; P.L. 1940, ch. 812, § 1; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-42-11.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-12. - Election by exempt employer to become subject to provisions.

§ 28-42-12. Election by exempt employer to become subject to provisions.
Any employing unit for which services are performed that do not constitute employment as defined in this chapter, may file a written election with the director that all services performed by individuals in its employ in one or more distinct establishments or places of business, shall be deemed to constitute employment for all the purposes of chapters 42 — 44 of this title for not less than two (2) calendar years. Upon the written approval of that election by the director, those services shall be deemed to constitute employment subject to those chapters from the date stated in the approval. Those services shall cease to be deemed employment subject to these chapters as of January 1 of any calendar year subsequent to those two (2) calendar years, only if not later than January 31 of that calendar year, either that employing unit has filed with the director a written notice to that effect, or the director on his or her own motion has given notice of termination of that coverage.
History of Section.
P.L. 1936, ch. 2333, § 3; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 3; P.L. 1939, ch. 659, § 2; P.L. 1939, ch. 670, § 1; P.L. 1949, ch. 2175, § 1; P.L. 1955, ch. 3422, § 1; G.L. 1956, § 28-42-12.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-13. - State employees.

§ 28-42-13. State employees.
Notwithstanding any inconsistent provisions of chapters 42 — 44 of this title, the state and its instrumentalities shall be deemed to be employing units and services performed in the employ of the state and its instrumentalities shall be deemed to constitute employment subject to those chapters with the exception set forth in § 28-42-14. Except as otherwise provided herein, all other provisions of these chapters shall continue to be applicable.
History of Section.
G.L. 1938, ch. 284, § 23; P.L. 1955, ch. 3428, § 1; G.L. 1956, § 28-42-13; P.L. 1977, ch. 92, § 4.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-13.1. - Employees of political subdivisions, their instrumentalities and other governmental entities.

§ 28-42-13.1. Employees of political subdivisions, their instrumentalities and other governmental entities.
Notwithstanding any inconsistent provisions of chapters 42 — 44 of this title, the political subdivisions of the state and the instrumentalities of those political subdivisions and all other governmental entities as defined in § 28-42-3(22) shall be deemed to be employing units. Service performed in the employ of those governmental entities shall be deemed to constitute employment subject to those chapters with the exception set forth in § 28-42-14. Except as otherwise provided herein, all other provisions of those chapters shall continue to be applicable.
History of Section.
P.L. 1977, ch. 92, § 4.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-14. - Employees of governmental entities.

§ 28-42-14. Employees of governmental entities.
For the purposes of §§ 28-42-13 and 28-42-13.1, “employment” does not include services performed in the employ of a “governmental entity” as defined in § 28-42-3(22) by an individual in the exercise of duties:
(1)
As an elected official;
(2)
As a member of a legislative body, or a member of the judiciary of a state or political subdivision;
(3)
As a member of the national guard or air national guard;
(4)
As an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency; or
(5)
In a position which, under or pursuant to the laws of this state, is designated as a:
(i)
Major non-tenure policymaking or advisory position; or
(ii)
Policymaking or advisory position, the performance of the duties of which ordinarily does not require more than eight (8) hours per week.
History of Section.
G.L. 1938, ch. 284, § 23; P.L. 1955, ch. 3428, § 1; G.L. 1956, § 28-42-14; P.L. 1971, ch. 94, § 6; P.L. 1977, ch. 92, § 5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-18. - Establishment of fund.

§ 28-42-18. Establishment of fund.
(a)
There is created the employment security fund, to be administered by the director without liability on the part of the state beyond the amounts paid into and earned by the fund. This fund shall consist of:
(1)
All contributions paid pursuant to §§ 28-43-16 — 28-43-22;
(2)
All other moneys paid into and received by the fund;
(3)
Property and securities acquired by and through the use of moneys belonging to the fund;
(4)
Interest earned upon the money belonging to the fund; and
(5)
All money credited to this state’s account in the unemployment trust fund pursuant to 42 U.S.C. § 1103.
(6)
Advances from the general fund, authorized by the governor and the director of administration, for the purpose of repaying loans outstanding from the federal government or for paying unemployment insurance benefits due to avoid borrowing from the federal government in a given fiscal year. However, all such advances made to the fund shall be repaid to the general fund, with interest as determined by the general treasurer, within the same fiscal year.
(b)
All moneys in the fund shall be mingled and undivided.
History of Section.
P.L. 1936, ch. 2333, § 4; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 4; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-42-18; P.L. 1963, ch. 70, § 1; P.L. 1985, ch. 282, § 1; P.L. 1986, ch. 17, § 1; P.L. 1986, ch. 198, § 25; P.L. 1986, ch. 409, § 1; P.L. 2013, ch. 144, art. 14, § 4; P.L. 2014, ch. 145, art. 11, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-19. - Disbursements from fund.

§ 28-42-19. Disbursements from fund.
The fund shall be administered and used solely to pay benefits upon vouchers drawn on the fund by the director pursuant to regulations adopted as subsequently prescribed and no other disbursement shall be made from them except as provided in §§ 28-42-21, 28-42-22, and 28-43-13. Those regulations shall be governed by and be consistent with any applicable constitutional requirements, but the procedure prescribed by those rules shall be deemed to satisfy and shall be in lieu of any and all statutory requirements for specific appropriation or other formal release by state officers of state moneys prior to their expenditure that might otherwise be applicable to withdrawals from the fund.
History of Section.
P.L. 1936, ch. 2333, § 4; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 4; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-42-19.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-20. - Treasurer of fund — Bond — Subordinates or employees.

§ 28-42-20. Treasurer of fund — Bond — Subordinates or employees.
The general treasurer shall be custodian and treasurer of the fund and shall pay all vouchers duly authenticated and drawn upon the fund. He or she shall have custody of all moneys belonging to the fund and not otherwise held or deposited or invested pursuant to chapters 42 — 44 of this title. 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 employment security administration account. The general treasurer shall deposit the moneys in his or her custody subject to chapters 42 — 44 of this title. For the proper performance of the duties imposed by this section the general treasurer shall assign any subordinates or employees to the department of labor and training that he or she shall deem necessary, which subordinates and/or employees shall be within the classified service and shall be paid out of funds made available to the department for administrative purposes.
History of Section.
P.L. 1936, ch. 2333, § 4; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 4; P.L. 1949, ch. 2175, § 1; P.L. 1951, ch. 2811, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-42-20.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-21. - Deposits in and requisitions from unemployment trust fund.

§ 28-42-21. Deposits in and requisitions from unemployment trust fund.
All money received by the director for the employment security fund established by this chapter shall, upon receipt, be deposited by the director in a clearance account in a bank, in this state, designated as a federal depositary under regulations adopted as subsequently prescribed. The cleared balances in that account shall be promptly transferred to the Secretary of the Treasury of the United States to the credit of the account of this state in the unemployment trust fund established by 42 U.S.C. § 1104, as long as this fund exists. The director shall from time to time requisition from the unemployment trust fund necessary amounts that shall be used solely for the payments of benefits, except that money credited to this state’s account pursuant to 42 U.S.C. § 1103 may, upon an appropriation duly made by the legislature, be used for the administration of this law, subject to the limitations contained in 42 U.S.C. § 1103, and shall for this purpose be requisitioned as needed for the payment of obligations incurred under that appropriation and deposited in the employment security administration account from which that payment shall be made.
History of Section.
P.L. 1936, ch. 2333, § 4; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 4; P.L. 1947, ch. 1923, art. 2, § 9; P.L. 1949, ch. 2175, § 1; P.L. 1949, ch. 2275, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-42-21; P.L. 1963, ch. 70, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-22. - Requisitions from trust fund for temporary disability insurance fund.

§ 28-42-22. Requisitions from trust fund for temporary disability insurance fund.
The director shall also from time to time requisition from the unemployment trust fund any amounts of money that shall be equal to the amount of employee payments already contributed to the fund by employees of the state, and the director shall deposit the moneys upon requisition into the temporary disability insurance fund created under § 28-39-4, solely for the purpose of payment of cash benefits to individuals with respect to their disability, exclusive of expenses of administration.
History of Section.
G.L. 1938, ch. 284, § 4; P.L. 1947, ch. 1923, art. 2, § 9; P.L. 1949, ch. 2175, § 1; P.L. 1949, ch. 2275, § 1; impl. am. P.L. 1951, ch. 2841, § 2; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-42-22.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-23. - Unclaimed or unpaid moneys from unemployment trust fund.

§ 28-42-23. Unclaimed or unpaid moneys from unemployment trust fund.
Any balance of moneys requisitioned from the unemployment trust fund for the payment of benefits that remains unclaimed or unpaid after the expiration of the period for which those sums were requisitioned shall either be deducted from estimates for, and may be utilized for the payment of, benefits during succeeding periods or, in the discretion of the director, shall be re-deposited with the Secretary of the Treasury of the United States, to the credit of this state’s account in the unemployment trust fund, as provided herein.
History of Section.
P.L. 1936, ch. 2333, § 4; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 4; P.L. 1947, ch. 1923, art. 2, § 9; P.L. 1949, ch. 2175, § 1; P.L. 1949, ch. 2275, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-42-23.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-24. - Custody and investment of fund or discontinuance of unemployment trust fund.

§ 28-42-24. Custody and investment of fund or discontinuance of unemployment trust fund.
Sections 28-42-18 — 28-42-23, to the extent that they relate to the unemployment trust fund, shall be operative only so long as that unemployment trust fund continues to exist and so long as the Secretary of the Treasury of the United States continues to maintain for this state a separate book account of all funds deposited in that fund by this state for benefit purposes, together with this state’s proportionate share of the earnings of that unemployment trust fund, from which no other state is permitted to make withdrawals. If and when that unemployment trust fund ceases to exist, or the separate book account is no longer maintained, all moneys, properties, or securities in it, belonging to the employment security fund of this state shall be requisitioned by the director, and shall be transferred to the general treasurer as the custodian of the fund, who 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, and 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 payment of benefits. The treasurer shall dispose of securities or other properties belonging to the employment security fund only under the direction of the director.
History of Section.
P.L. 1936, ch. 2333, § 4; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 4; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-42-24.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-42 - Employment Security — General Provisions › Section 28-42-25. - Creation of administration account — Sources.

§ 28-42-25. Creation of administration account — Sources.
For the purpose of carrying out chapters 42 — 44 of this title and chapter 102 of title 42 and providing for the administration of these chapters, there is created within the general fund an employment security administration account, referred to as the “administration account,” to consist of all moneys that may from time to time be appropriated by the general assembly, or received from the Secretary of Labor of the United States, the railroad retirement board, or other agency, or that may be transferred from the employment security tardy account fund, or the job development fund, for the administration of those chapters. Moneys received from the railroad retirement board as compensation either for services or for facilities supplied to that board shall be paid into this account. Notwithstanding any provision of this section, all money received in this account for the payment of expenses incurred pursuant to an appropriation duly made by the legislature in accordance with 42 U.S.C. § 1103 shall remain part of the employment security fund and shall be used only in accordance with 42 U.S.C. § 1103.
History of Section.
P.L. 1936, ch. 2333, § 16; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 16; P.L. 1939, ch. 670, § 13; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-42-25; P.L. 1963, ch. 70, § 3; P.L. 1985, ch. 282, § 2; P.L. 1986, ch. 17, § 2; P.L. 1986, ch. 409, § 2; P.L. 1988, ch. 240, § 2; P.L. 2000, ch. 55, art. 21, § 1.