reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-19.1. - Disqualifying income.

§ 28-44-19.1. Disqualifying income.
An individual shall be disqualified from receiving benefits for any week of his or her unemployment within any period with respect to which that individual is currently receiving or has received retirement income in accordance with the following provisions:
(1)
The amount of compensation payable to an individual for any week that begins in a period with respect to which that individual is receiving a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment that is based on the previous work of that individual shall be reduced, but not below zero, by an amount equal to fifty percent (50%) of the amount of that pension, retirement or retired pay, annuity, or other payment, that is reasonably attributable to that week, if that deduction is required as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, 26 U.S.C. § 3301 et seq.; provided, that if the individual made no contribution to the retirement plan then the amount of compensation payable to the individual shall be reduced, but not below zero, by the full amount of that pension, retirement or retired pay, annuity, or other payment, that is reasonably attributable to that week.
(2)
If at any time following May 3, 1979, subsection (1) of this section or any provision of it is not required by federal law in order for an eligible employer to qualify for full tax credit against the tax imposed by the Federal Unemployment Tax Act, 26 U.S.C. § 3301 et seq., then subsection (1) of this section or the provision of it is no longer required and shall have no force or effect.
(3)
Social Security benefits received by an individual shall not be included or considered as disqualifying income under the provisions of this section.
History of Section.
P.L. 1979, ch. 108, § 8; P.L. 1993, ch. 298, § 1; P.L. 2007, ch. 77, § 1; P.L. 2007, ch. 89, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-21. - Vacation periods.

§ 28-44-21. Vacation periods.
An individual who has established eligibility for benefits by conforming to the provisions of §§ 28-44-12 and 28-44-13 and who is otherwise eligible and who files a claim for waiting period credits or unemployment compensation benefits during a bona fide vacation period as determined by the director shall be ineligible for waiting period credits or benefits, unless he or she can show to the satisfaction of the director:
(1)
That he or she did not receive and is not entitled to receive directly or indirectly as an incident to a vacation period any vacation pay, remuneration, or similar payment; or
(2)
That the vacation pay, remuneration, or similar payment, that the individual receives or is entitled to receive in connection with that vacation period, is less than his or her weekly benefit rate, in which case that individual shall be entitled to waiting period credits or benefits in the same manner as if he or she were partially employed. For the purpose of ascertaining eligibility under this section, the total sum of the vacation pay or other allowances shall be apportioned to the weeks of unemployment comprising a vacation period, as shall be determined by regulations adopted as prescribed; and
(3)
That the vacation period was not the result of an individual request on his or her part for a vacation during a period where there was work for him or her at the establishment at which he or she was customarily employed and at a time when that establishment was not shut down for a vacation period.
History of Section.
G.L. 1938, ch. 284, § 7; P.L. 1939, ch. 670, § 6; P.L. 1949, ch. 2175, § 1; P.L. 1949, ch. 2277, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-21.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-24. - Disqualification for fraud.

§ 28-44-24. Disqualification for fraud.
(a)
An individual who has been convicted by a court of competent jurisdiction of knowingly or fraudulently making a false statement, or knowingly or fraudulently misrepresenting a material fact, with intent to defraud the employment security fund of any benefit or to wrongfully obtain or increase any benefit, either for himself or herself or for any other person, whether under chapters 42 — 44 of this title or under an employment security law of any other state, of the federal government, or of a foreign government, in regard to which this state acted as agent pursuant to an agreement authorized by chapters 42 — 44 of this title, shall be disqualified from receiving benefits for a period of one year following that conviction.
(b)
This disqualification shall be imposed by the director and shall be in addition to any criminal penalty which may be imposed under any other provision in chapters 42 — 44 of this title.
History of Section.
G.L. 1938, ch. 284, § 7; P.L. 1953, ch. 3206, § 4; G.L. 1956, § 28-44-24.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-37. - Place of filing claims.

§ 28-44-37. Place of filing claims.
Benefit claims shall be filed pursuant to regulations adopted as prescribed at an employment office or any other agency that the director may designate.
History of Section.
P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1939, ch. 670, § 7; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-37.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-38. - Filing of claims — Procedures — Printed copies — Notices.

§ 28-44-38. Filing of claims — Procedures — Printed copies — Notices.
(a)
Claims for waiting period credit and for benefits shall be filed in accordance with regulations adopted as prescribed. Each employer shall post and maintain printed copies or statements of those regulations in places readily accessible to individuals employed by him or her. The director shall supply each employer with copies of those regulations or statements of the regulations without cost to the employers.
(b)
The director shall prescribe the type of reports required from employers and the manner in which the reports shall be presented.
(c)
Upon the filing of a claim, the director shall promptly notify the most recent employer and all employers for whom the claimant states he or she performed services and earned wages during his or her base period. The employers shall promptly furnish the information required to determine the claimant’s benefit rights. If the claimant’s employer or employers have any information that might affect either the validity of the claim or the right of the claimant to waiting period credit or benefits, the employer shall return the notice with that information. If an employer fails without good cause as established to the satisfaction of the director to return this notice within ten (10) working days of its mailing, the employer shall have no standing to contest any determination to be made by the director with respect to the claim and any benefit charges pursuant to it, and the employer shall be barred from being a party to any further proceedings relating to the claim. Notwithstanding any inconsistent provisions of chapters 42 — 44 of this title, any employer who or that fails to return the notice within that time shall pay a penalty of twenty-five dollars ($25.00) for each failure. The preceding penalty shall be paid into the employment security tardy account fund, and if any employer fails to pay the penalty, when assessed, it shall be collected by civil action as provided in § 28-43-18.
History of Section.
P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1939, ch. 670, § 7; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-38; P.L. 1958 (s.s.), ch. 215, § 3; P.L. 1987, ch. 418, § 2; P.L. 1997, ch. 34, § 3; P.L. 2015, ch. 101, § 2; P.L. 2015, ch. 113, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-40. - Payment of benefits pending appeal.

§ 28-44-40. Payment of benefits pending appeal.
(a)
If an appeal is filed by an employer, benefits shall be paid to an eligible claimant until that employer’s appeal is finally determined. If the employer’s appeal is finally sustained, no further benefits shall be paid to the claimant during any remaining portion of the disqualification period. Any benefits paid or payable to that claimant shall not be recoverable unless it is established to the satisfaction of the director that the erroneous payment was the result of fraud committed by the claimant.
(b)
If, beginning on or after October 1, 2013, the director establishes that an erroneous payment was made to a claimant due to fraud committed by the claimant, this shall result in a recoverable overpayment and that individual shall also be liable to pay penalties and interest required under §§ 28-42-68(a) and 28-42-68(c) for those erroneous payments.
History of Section.
P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1940, ch. 812, § 6; P.L. 1949, ch. 2175, § 1; P.L. 1956, ch. 3663, § 1; G.L. 1956, § 28-44-40; P.L. 1958 (s.s.), ch. 215, § 3; P.L. 2013, ch. 120, § 2; P.L. 2013, ch. 130, § 2; P.L. 2015, ch. 102, § 1; P.L. 2015, ch. 112, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-41. - Determinations with respect to labor disputes.

§ 28-44-41. Determinations with respect to labor disputes.
(a)
In any case in which the payment or denial of benefits will be affected by the provisions of § 28-44-16, the director shall promptly transmit his or her full findings of fact with respect to that section to the board of review or an appeal tribunal designated by it, which, on the basis of the evidence submitted, and that additional evidence as it may require, shall affirm, modify, or set aside those findings of fact and transmit to the director a decision upon the issues involved under that section. Any action by the board of review in that case shall be by the full board of review, or in the absence or disqualification of either the member representing labor, or the member representing industry, that action shall be by the member representing the public generally, acting alone.
(b)
In any case involving this section where the board of review has designated an appeal tribunal to hear and decide the case, the determination of the appeal tribunal shall then be subject to appeal, as of right, to the board of review within the same period as that provided for appealing a determination made by the director. If the board of review elects to make a determination, it shall afford all parties a fair hearing as required with respect to proceedings before an appeal tribunal. No further administrative appeal shall be permitted from the determination of the board of review in that case but judicial review may be initiated as otherwise provided for in chapters 42 — 44 of this title.
History of Section.
P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-41; P.L. 1984, ch. 142, art. 1, § 2; P.L. 1984 (s.s.), ch. 450, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-42. - Appointment of appeal tribunals.

§ 28-44-42. Appointment of appeal tribunals.
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.
History of Section.
P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1952, ch. 2975, § 2; G.L. 1956, § 28-44-42.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-43. - Filing of appeals from director — Parties — Withdrawal.

§ 28-44-43. Filing of appeals from director — Parties — Withdrawal.
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.
History of Section.
G.L. 1938, ch. 284, § 8; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-43; P.L. 1958 (s.s.), ch. 215, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-44. - Procedure before appeal tribunal — Record.

§ 28-44-44. Procedure before appeal tribunal — Record.
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.
History of Section.
P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-44-44.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-45. - Consolidated appeals.

§ 28-44-45. Consolidated appeals.
When the same or substantially similar evidence is material to the matter in issue with respect to more than one individual, the same time and place for considering all those cases may be fixed, hearings jointly conducted, a single record of the proceedings made, and evidence introduced with respect to one proceeding considered as introduced in the others, provided no party is prejudiced by these steps.
History of Section.
G.L. 1938, ch. 284, § 8; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-44-45.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-46. - Decision of appeal tribunal.

§ 28-44-46. Decision of appeal tribunal.
After a hearing, an appeal tribunal shall promptly make findings and conclusions and on the basis of those findings and conclusions affirm, modify, or reverse the director’s determination. Each party shall promptly be furnished a copy of the decision and supporting findings and conclusions. This decision shall be final unless further review is initiated pursuant to § 28-44-47 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 the period may be extended for good cause.
History of Section.
P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-46; P.L. 1970, ch. 98, § 1; P.L. 1997, ch. 34, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-47. - Appeal to board of review.

§ 28-44-47. Appeal to board of review.
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.
History of Section.
P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1939, ch. 670, § 7; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-47; P.L. 1970, ch. 98, § 2; P.L. 1998, ch. 311, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-48. - Removal or transfer of pending appeals.

§ 28-44-48. Removal or transfer of pending appeals.
The board of review may remove to itself or transfer to another appeal tribunal any appeal pending before an appeal tribunal. An appeal removed to the board of review before a fair hearing has been completed shall be given a fair hearing by the board of review, as required by § 28-44-44 with respect to proceedings before an appeal tribunal.
History of Section.
P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1939, ch. 670, § 7; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-44-48.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-49. - Conclusiveness of decisions — Reopening for fraud or coercion.

§ 28-44-49. Conclusiveness of decisions — Reopening for fraud or coercion.
(a)
All final determinations and decisions shall be conclusive upon all parties in interest including the director.
(b)
The director, appeal tribunal, or board of review shall reopen a determination or decision or revoke permission for withdrawal of an appeal if:
(1)
He or she or it finds that a worker or employer has been defrauded or coerced in connection with the determination, decision, or withdrawal of the appeal; and
(2)
The defrauded or coerced person informs the appropriate officer or body of the fraud or coercion within sixty (60) days after he or she has become aware of the fraud or within sixty (60) days after the coercion has been removed.
History of Section.
G.L. 1938, ch. 284, § 8; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-49.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-50. - Rule of decision — Certification of questions to board of review.

§ 28-44-50. Rule of decision — Certification of questions to board of review.
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 of review 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 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 of review, or if there is an apparent inconsistency or conflict in final decisions or comparable authority, then the findings of fact in that case may be certified, together with the question of law involved, to the board of review. After giving notice and reasonable opportunity for hearing upon the law to all parties to the proceedings, the board of review shall certify to the director or appeal tribunal and the parties in interest its answer to the question submitted, or the board of review, in its discretion, may remove to itself the entire proceeding as provided in § 28-44-48 and render its decision upon the entire case.
History of Section.
G.L. 1938, ch. 284, § 8; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-50.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-50.1. - Limits of board of review legal precedent.

§ 28-44-50.1. Limits of board of review legal precedent.
Except as provided in § 28-44-50, the findings of fact, conclusions of law, and determinations of eligibility of the director or the board of review, including decisions reviewed by the district, superior, or supreme courts, shall not be binding upon, or determinative of any issue of fact or law, in any criminal prosecution or civil action or administrative proceeding, other than the proceeding under this chapter in which the findings, conclusions, or determinations were made. Notwithstanding the foregoing, documents and testimony developed in proceedings before the department, as well as any determinations of eligibility of the director or board of review, shall remain subject to subpoena, discovery, and admission as evidence in other proceedings as determined in those proceedings, including criminal prosecutions, civil actions, and administrative proceedings.
History of Section.
P.L. 2005, ch. 361, § 1; P.L. 2005, ch. 404, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-51. - Denial of appeal as decision of board of review.

§ 28-44-51. Denial of appeal as decision of board of review.
For the purposes of judicial review, an appeal tribunal’s decision from which an application for appeal has been denied by the board of review shall be deemed to be the decision of the board of review, except that the time for initiating judicial review shall run from the date of the mailing or delivery of the notice of the denial of the application for appeal by the board of review.
History of Section.
P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1939, ch. 670, § 7; G.L., ch. 284, § 9; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-44-51.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-52. - Finality of board’s decision — Petition for judicial review.

§ 28-44-52. Finality of board’s decision — Petition for judicial review.
Each party shall be promptly furnished a copy of the decision and the supporting findings and conclusions of the board of review. The decision shall be final unless any party in interest, including the director, initiates judicial review by filing a petition with the clerk of the sixth division of the district court within thirty (30) days as set forth in the administrative procedures act, chapter 35 of title 42. The petition for review shall state the grounds upon which review is sought but need not be verified. Exceptions taken to the rulings of the board of review shall not be necessary to obtain judicial review nor shall a bond be required either as a condition of initiating a proceeding for judicial review of a determination of benefit rights or of entering an appeal from the decision of the court upon that review.
History of Section.
P.L. 1936, ch. 2333, § 9; G.L. 1938, ch. 284, § 9; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-52; P.L. 1976, ch. 140, § 11; P.L. 2002, ch. 243, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-53. - Parties to judicial review — Service of petition — Certification of record.

§ 28-44-53. Parties to judicial 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 that petition an affidavit of compliance shall be filed with the district court. 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. 1936, ch. 2333, § 9; G.L. 1938, ch. 284, § 9; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 28-44-53; P.L. 1976, ch. 140, § 11.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-54. - Scope of judicial review — Additional evidence — Precedence of proceedings.

§ 28-44-54. Scope of judicial review — Additional evidence — Precedence of proceedings.
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 of review, and the board of review, after hearing that additional evidence shall file with the court such additional or modified findings of fact or conclusions as it may make, together with transcripts of the additional record. All proceedings under §§ 28-44-52 and 28-44-53 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 42 — 44 of this title.
History of Section.
P.L. 1936, ch. 2333, § 9; G.L. 1938, ch. 284, § 9; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-44-54.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-55. - Appeal to supreme court.

§ 28-44-55. Appeal to supreme court.
An appeal may be taken from the decision of the district court to the supreme court of Rhode Island in the same manner as an appeal is taken under § 28-35-29, relating to appeals in cases under the workers’ compensation law.
History of Section.
P.L. 1936, ch. 2333, § 9; G.L. 1938, ch. 284, § 9; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-44-55; P.L. 1976, ch. 140, § 11.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-56. - Waiver of rights void — Agreements to pay employer’s contributions.

§ 28-44-56. Waiver of rights void — Agreements to pay employer’s contributions.
No agreement by any individual to waive his or her right to benefits or any other right under chapters 42 — 44 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 those 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 any individual of any right under these chapters. The director shall have the power to take any steps necessary or suitable under those chapters to correct or prosecute any violation.
History of Section.
P.L. 1936, ch. 2333, § 13; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 13; P.L. 1939, ch. 670, § 10; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-56.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-57. - Fees and costs chargeable.

§ 28-44-57. Fees and costs chargeable.
(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.
History of Section.
P.L. 1936, ch. 2333, § 13; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 13; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-57; P.L. 1958 (s.s.), ch. 215, § 3; P.L. 1975, ch. 39, § 1; P.L. 1998, ch. 369, § 3; P.L. 1998, ch. 401, § 3; P.L. 2013, ch. 144, art. 14, § 3; P.L. 2018, ch. 318, § 1; P.L. 2018, ch. 345, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-58. - Exemption of benefits from assignment or process.

§ 28-44-58. Exemption of benefits from assignment or process.
Benefits that are due or may become due under chapters 42 — 44 of this title shall not be assigned, pledged, or encumbered before payment; and when awarded, adjudged, or paid, so long as they are not mingled with other funds of the recipient, 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. 1936, ch. 2333, § 13; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 13; P.L. 1939, ch. 670, § 10; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-44-58.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-58.2. - Voluntary withholding of income taxes.

§ 28-44-58.2. Voluntary withholding of income taxes.
(a)
An individual filing a new claim for benefits on or after January 1, 1998, shall, at the time of filing that claim, be advised that:
(1)
Unemployment compensation is subject to federal and state income tax and requirements exist pertaining to estimated tax payments;
(2)
The individual may elect to have federal income tax deducted and withheld from unemployment compensation paid at the rate specified in the federal Internal Revenue Code, 26 U.S.C. § 1 et seq.;
(3)
The individual may elect to have state income tax deducted and withheld from unemployment compensation paid at the rate established by the state tax administrator;
(4)
The individual shall be permitted to change a previously elected withholding status only once during a benefit year.
(b)
Amounts deducted and withheld from unemployment compensation for income taxes shall remain in the employment security fund until transferred to the federal or state taxing authority as a payment of income tax.
(c)
Amounts may be deducted and withheld under this section only after amounts are deducted and withheld for any overpayments of unemployment compensation, child support obligations, or any other amounts required to be deducted and withheld under the provisions of chapters 42 — 44 of this title.
(d)
The director shall follow all procedures specified by the United States Department of Labor and the federal Internal Revenue Service pertaining to the deducting and withholding of income tax.
History of Section.
P.L. 1997, ch. 33, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-59. - Severance or dismissal pay allocation.

§ 28-44-59. Severance or dismissal pay allocation.
For benefit years beginning prior to July 1, 2012, for the purpose of determining an individual’s benefit eligibility for any week of unemployment, any remuneration received by an employee from his or her employer in the nature of severance or dismissal pay, whether or not the employer is legally required to pay that remuneration, shall be deemed to be wages paid on the last day of employment for services performed prior to that date. For benefit years beginning on or after July 1, 2012, for the purpose of determining an individual’s benefit eligibility for any week of unemployment, any remuneration received by an employee from his or her employer in the nature of severance or dismissal pay, whether or not the employer is legally required to pay that remuneration, shall be allocated on a weekly basis from the individual’s last day of work for a period not to exceed twenty-six (26) weeks, and the individual will not be entitled to receive benefits for any such week for which it has been determined that the individual received severance or dismissal pay. Such severance or dismissal pay, if the employer does not specify a set number of weeks, shall be allocated using the individual’s weekly benefit rate.
History of Section.
P.L. 1958, ch. 192, § 1; P.L. 2011, ch. 151, art. 4, § 2; P.L. 2012, ch. 415, § 5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-60. - Eligibility for adult basic education or vocational training.

§ 28-44-60. Eligibility for adult basic education or vocational training.
(a)
Notwithstanding any provisions of this title to the contrary, a claimant shall not be ineligible for benefits because of his or her regular attendance, whether full-time or part-time, in an adult basic education or a vocational training program as approved by the director and as defined in § 16-63-5(1) and (2); provided, that the director finds that:
(1)
The contemplated education or training course will enhance the claimant’s employability in an occupation or skill for which there are, or are expected to be in the immediate future, employment opportunities in the locality;
(2)
The contemplated education or training course will be acquired through an entity in the delivery system set forth in § 16-63-9(a) except subdivisions (5) and (10); and
(3)
The claimant has the required qualifications and aptitudes to complete the education or training successfully.
(b)
Notwithstanding any other provisions of this title, no otherwise eligible individual shall be denied benefits for any week because he or she is in training approved under 19 U.S.C. § 2296(a)(1), nor shall that individual be denied benefits by reason of leaving work to enter that training; provided, that the work left is not suitable employment, or because of the application to any week in training of provisions in this law or any applicable federal unemployment compensation law, relating to availability for work, active search for work, or refusal to accept work. For purposes of this section, “suitable employment” means, with respect to an individual, work of a substantially equal or higher skill level than the individual’s past adversely affected employment, as defined for purposes of the Trade Act of 1974, 19 U.S.C. § 2101 et seq., and wages for that work at not less than 80 percent (80%) of the individual’s average weekly wage as determined for the purposes of the Trade Act of 1974.
History of Section.
P.L. 1961, ch. 59, § 1; P.L. 1982, ch. 116, § 1; P.L. 1985, ch. 185, § 1; P.L. 1986, ch. 95, § 1; P.L. 1987, ch. 485, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-61. - Holiday pay.

§ 28-44-61. Holiday pay.
Benefits to which an individual is entitled for any week of unemployment shall not be reduced by any holiday pay received by that individual where no services are performed on the holiday for which that payment is made.
History of Section.
P.L. 1962, ch. 63.1, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-63. - Benefit payments for services with nonprofit organizations, institutions of higher education, and hospitals.

§ 28-44-63. Benefit payments for services with nonprofit organizations, institutions of higher education, and hospitals.
Benefits based on service in employment for nonprofit organizations, institutions of higher education, and hospitals, as defined in § 28-42-3, shall be payable in the same amounts on the same conditions as compensation payable on the basis of other services subject to chapters 42 — 44 of this title; except that benefits based on service in an instructional, research, or principal administrative capacity in an institution of higher education as defined in § 28-42-3 shall not be paid to an individual for any week of unemployment that begins during the period between two (2) successive academic years, or during a similar period between two (2) regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual’s contract, if the individual has a contract or contracts to perform services in that capacity for any institution or institutions of higher education for both those academic years or both those terms.
History of Section.
P.L. 1971, ch. 94, § 10.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-63.1. - [Repealed.]

§ 28-44-63.1. [Repealed.]
History of Section.
P.L. 1974, ch. 262, § 2; Repealed by P.L. 1977, ch. 92, § 23.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-66. - Athletes.

§ 28-44-66. Athletes.
Benefits shall not be paid to any individual on the basis of any service, substantially all of which consists of participating in sports or athletic events or training or preparing to so participate, for any week that commences during the period between two (2) successive sport seasons or similar periods if that individual performed those services in the first of those seasons or similar periods and there is a reasonable assurance that the individual will perform those services in the later of those seasons or similar periods.
History of Section.
P.L. 1977, ch. 92, § 24.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-44 - Employment Security — Benefits › Section 28-44-67. - Denial of unemployment compensation to illegal aliens.

§ 28-44-67. Denial of unemployment compensation to illegal aliens.
(a)
Benefits shall not be payable on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of 8 U.S.C. § 1182(d)(5).
(b)
Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.
(c)(1)
In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to the individual are not payable because of his or her alien status shall be made except upon a preponderance of the evidence.
(2)
Any modifications to the provisions of 26 U.S.C. § 3304(a)(14) as provided by United States Public Law 94-566 which specify other conditions or other effective dates than stated in this section for the denial of benefits based on services performed by aliens and which modifications are required to be implemented under state law as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, 26 U.S.C. § 3301 et seq., shall be deemed applicable under the provisions of this section.
History of Section.
P.L. 1977, ch. 92, § 25; P.L. 1990, ch. 88, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-45 - Apprenticeship Programs in Trade and Industry › Section 28-45-1. - Purposes.

§ 28-45-1. Purposes.
The purposes of this chapter are:
(1)
To encourage employers, associations of employers, and organizations of employees to voluntarily establish apprenticeship programs and the making of apprenticeship agreements;
(2)
To create opportunities for young people to obtain employment and adequate training in trades and industry with parallel instructions in related and supplementary education under conditions that will equip them for profitable employment and citizenship;
(3)
To cooperate with the promotion and development of apprenticeship programs and systems in other states and with the federal committee on apprenticeship appointed under 29 U.S.C. § 50 et seq.; and
(4)
To provide for the registration and approval of apprenticeship programs and apprenticeship agreements and for the issuance of state certificates of completion of apprenticeship.
History of Section.
P.L. 1967, ch. 133, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-45 - Apprenticeship Programs in Trade and Industry › Section 28-45-2. - Apprenticeship council.

§ 28-45-2. Apprenticeship council.
(a)
The director of labor and training, with the advice and consent of the governor, shall appoint a state apprenticeship council composed of four (4) representatives each, from employer and employee organizations respectively, and one public member. One of the employer representatives shall represent a business employing less than fifty (50) employees. In making the appointments, the director shall give due consideration to include representatives from different types of industries, including those industries participating in non-trade apprenticeship programs established pursuant to § 42-102-11. The council shall, by majority vote, elect from its membership a chairperson, a vice-chairperson, and a secretary. The vice-chairperson shall act in the absence or inability of the chairperson.
(b)
Upon the expiration of the terms of the council’s present membership, the director of labor and training, with the advice and consent of the governor, shall appoint members to the apprenticeship council for initial terms, and those members shall hold office until their successors are appointed and have qualified, as follows:
(1)
One representative each, from employer and employee organizations respectively, for an initial term of one year;
(2)
One representative each, from employer and employee organizations respectively, for an initial term of two (2) years;
(3)
One representative each, from employer and employee organizations respectively, for an initial term of three (3) years;
(4)
One representative each, from employer and employee organizations respectively, for an initial term of four (4) years; and
(5)
One public member, representing a community organization, for an initial term of four (4) years.
(c)
Upon the expiration of those initial terms, members shall be appointed for terms of four (4) years and shall hold office until their successors are appointed and have qualified. Any vacancy shall be filled by appointments by the director of labor and training, with the advice and consent of the governor, for the unexpired portion of the term. The commissioner of elementary and secondary education and the director of labor and training shall be members of the council, ex-officio, without vote.
(d)
The council may, by majority vote, designate any consultants that it may deem necessary and desirable to assist it in the performance of its duties.
(e)
Members of the board shall not be compensated for their service on the board.
History of Section.
P.L. 1967, ch. 133, § 1; P.L. 1969, ch. 72, § 1; P.L. 1973, ch. 146, § 1; P.L. 2003, ch. 202, § 4; P.L. 2003, ch. 426, § 4; P.L. 2005, ch. 117, art. 21, § 24; P.L. 2010, ch. 246, § 1; P.L. 2010, ch. 249, § 1; P.L. 2011, ch. 164, § 1; P.L. 2011, ch. 179, § 1; P.L. 2016, ch. 482, § 1; P.L. 2016, ch. 496, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-45 - Apprenticeship Programs in Trade and Industry › Section 28-45-4. - [Repealed.]

§ 28-45-4. [Repealed.]
History of Section.
P.L. 1967, ch. 133, § 1; Repealed by P.L. 2011, ch. 164, § 2; P.L. 2011, ch. 179, § 2, effective June 30, 2011.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-45 - Apprenticeship Programs in Trade and Industry › Section 28-45-5. - [Repealed.]

§ 28-45-5. [Repealed.]
History of Section.
P.L. 1967, ch. 133, § 1; Repealed by P.L. 2011, ch. 164, § 2; P.L. 2011, ch. 179, § 2, effective June 30, 2011.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-45 - Apprenticeship Programs in Trade and Industry › Section 28-45-6. - Annual report.

§ 28-45-6. Annual report.
The council shall annually make a report of its activities and progress to the governor; that report shall be contained in the annual report of the department of labor and training.
History of Section.
P.L. 1967, ch. 133, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-45 - Apprenticeship Programs in Trade and Industry › Section 28-45-7. - [Repealed.]

§ 28-45-7. [Repealed.]
History of Section.
P.L. 1967, ch. 133, § 1; Repealed by P.L. 2011, ch. 164, § 2; P.L. 2011, ch. 179, § 2, effective June 30, 2011.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-45 - Apprenticeship Programs in Trade and Industry › Section 28-45-8. - [Repealed.]

§ 28-45-8. [Repealed.]
History of Section.
P.L. 1967, ch. 133, § 1; Repealed by P.L. 2011, ch. 164, § 2; P.L. 2011, ch. 179, § 2, effective June 30, 2011.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-45 - Apprenticeship Programs in Trade and Industry › Section 28-45-9.1. - [Repealed.]

§ 28-45-9.1. [Repealed.]
History of Section.
P.L. 1992, ch. 133, art. 72, § 2; P.L. 1995, ch. 370, art. 40, § 97; P.L. 1998, ch. 387, § 2; P.L. 1999, ch. 94, § 1; P.L. 2002, ch. 65, art. 13, § 10; Repealed by P.L. 2017, ch. 302, art. 13, § 4, effective July 1, 2017.