reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 6 - Conduct of Public Hearings (260-RICR-10-00-6) › Section 260-RICR-10-00-6.3 - Definitions

Current through June 14, 2024
A. For the Purpose of this regulation:
1. "Department" means the Department of Labor
				 and Training.
2. "Member of the
				 Public" means any individual, firm, business, corporation, association,
				 partnership, or other group.
3.
				 "Presiding Department Official" means the Department of Labor and Training
				 employee conducting the Public Hearing.
4. "Public Hearing" means the convening of
				 Members of the Public and agency personnel for the purpose of obtaining public
				 comment on a Proposed Rulemaking.
5. "Proposed Rulemaking" means a proposed new
				 rule, proposed amendment to a rule or proposed repeal of a rule as noticed
				 pursuant to R.I. Gen. Laws §
											42-35-2.7.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 6 - Conduct of Public Hearings (260-RICR-10-00-6) › Section 260-RICR-10-00-6.4 - Procedure for Conduct of Public Hearings

Current through June 14, 2024
A. Convening of
				 Public Hearing
1. Public Hearings may be held
				 at the election of the agency or as required pursuant to R.I. Gen. Laws §
											42-35-2.8(c).
2. Notice of Public Hearings shall be issued
				 in accordance with the provisions of R.I. Gen. Laws §§
											42-35-2.8 and
				  42-46-6, when
				 applicable.
3. The Public Hearing
				 shall be held at a time and place designated by the Department.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 1 - Mediation for Labor-Management Issues (260-RICR-30-05-1) › Section 260-RICR-30-05-1.1 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority
					 granted in R.I. Gen. Laws §§
										28-9.3-9,
					  28-9.4-10,
					 and
					  36-11-7.1.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 1 - Mediation for Labor-Management Issues (260-RICR-30-05-1) › Section 260-RICR-30-05-1.2 - Demand for Compulsory Mediation

Current through June 14, 2024
A. In the event
				 that after exercising their rights and fulfilling their duties the collective
				 bargaining representative of the employees and the employer are:
1. Unable within the time limitations as
				 provided by the applicable statute to reach an agreement on a contract;
				 and,
2. Have been unable to resolve
				 all outstanding issues by means of voluntary mediation; and,
3. Have not made a timely demand for
				 arbitration as provided by the applicable statute
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 1 - Mediation for Labor-Management Issues (260-RICR-30-05-1) › Section 260-RICR-30-05-1.3 - Extension of Time

Current through June 14, 2024
The director may extend the period for submitting the
					 demand for compulsory mediation upon the mutual consent of both parties;
					 however, in no event may such period extend beyond the tenth (10th) day prior
					 to the expiration of the existing contract. Extensions of time for compulsory
					 mediation in school teacher disputes under R.I. Gen. Laws Chapter 28-9.3 may
					 not extend beyond the tenth (10th) day prior to the scheduled close of school
					 in June of the last year of the contract in effect.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 1 - Mediation for Labor-Management Issues (260-RICR-30-05-1) › Section 260-RICR-30-05-1.4 - Appointment of Mediators

Current through June 14, 2024
A. Upon receipt of
				 the demand for compulsory mediation, the director shall establish a panel of
				 persons knowledgeable and experienced in labor-management relations to serve as
				 mediators within twenty-four (24) hours of receipt of the demand for compulsory
				 mediation;
B. A mediator shall be
				 selected by mutual agreement from said panel; however, if the parties are
				 unable to mutually agree upon a mediator, the parties shall give notice of
				 their inability to agree and the director shall appoint a mediator from said
				 panel within twenty-four (24) hours of receipt of said notice.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 1 - Mediation for Labor-Management Issues (260-RICR-30-05-1) › Section 260-RICR-30-05-1.5 - Compulsory Attendance

Current through June 14, 2024
The mediator shall have the authority to compel the
					 attendance of the collective bargaining representatives of the parties to all
					 meetings until all issues are resolved.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 1 - Mediation for Labor-Management Issues (260-RICR-30-05-1) › Section 260-RICR-30-05-1.6 - Procedure

Current through June 14, 2024
A. Proceedings before the mediator shall be
				 informal. A stenographic or taped record is permitted upon the consent of both
				 parties. The mediator's notes shall be confidential and the privileged
				 information of the mediator;
B. The
				 location of the mediation conference shall be agreed upon by the parties;
				 however, if the parties are unable to agree upon a location, it shall be
				 selected by the mediator with preference given to locations available at no
				 cost. In the event a cost is associated with the use of any location, payment
				 shall be made equally by the parties;
C. The mediator shall conduct the mediation
				 conference according to generally accepted methods and techniques associated
				 with mediation, including the engagement of separate caucuses;
D. If the parties are unable to resolve all
				 issues during and in the course of the mediation conference, the mediator shall
				 render to the parties a verbal advisory opinion with respect to said
				 issues;
E. If any unresolved issues
				 remain irreconcilable as between the parties after a full and fair mediation
				 process, the matter may proceed to arbitration pursuant to R.I. Gen. Laws
				 Chapter 28-9.3.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 1 - Mediation for Labor-Management Issues (260-RICR-30-05-1) › Section 260-RICR-30-05-1.7 - Duties of the Parties

Current through June 14, 2024
It shall be the duty of the parties to meet all deadlines
					 as hereinbefore provided, and to participate diligently, conscientiously and in
					 good faith while exercising reasonable judgment in resolving the
					 dispute.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 1 - Mediation for Labor-Management Issues (260-RICR-30-05-1) › Section 260-RICR-30-05-1.8 - Mediation Fees

Current through June 14, 2024
The mediators shall be permitted to charge either on the
					 basis of a per diem fee, or an hourly fee for services, and said amounts shall
					 be subject to approval of the director and stated in the list of mediators when
					 issued to parties pursuant to §
										1.4(A)     of
					 this Part.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 2 - Payment of Wages, Employer Exemptions from Weekly Pay, and Exemptions for Work on Holidays and Sundays › Section 260-RICR-30-05-2.1 - Authority

Current through June 14, 2024
A. R.I. Gen. Laws §
										28-14-19 authorizes the Director of the Department of Labor and Training to insure
				 compliance with R.I. Gen. Laws Chapters 28-14 and 28-12. The Department is
				 authorized to investigate any violations, institute actions for the collection
				 of wages and institute action for penalties or other relief as provided for
				 within and pursuant to those chapters, and hold hearings.
B. R.I. Gen. Laws Chapter 28-12 entitled
				 "Minimum Wages" authorizes the Director to promulgate regulations to define and
				 delimit the employees designated in R.I. Gen. Laws §
										28-12-4.3 titled "Exemptions."
C. R.I. Gen.
				 Laws §
										25-3-6 authorizes the Director to promulgate any regulation necessary for the
				 implementation of R.I. Gen. Laws Chapter 25-3 titled "Work on Holidays and
				 Sundays".
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 2 - Payment of Wages, Employer Exemptions from Weekly Pay, and Exemptions for Work on Holidays and Sundays › Section 260-RICR-30-05-2.2 - Incorporated Materials

Current through June 14, 2024
These regulations hereby adopt and incorporate
					  29 C.F.R. §§
											541.1, 541.2 and 541.3.
					 (2004) by reference, not including any further editions or amendments thereof
					 and only to the extent that the provisions therein are not inconsistent with
					 these regulations.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 2 - Payment of Wages, Employer Exemptions from Weekly Pay, and Exemptions for Work on Holidays and Sundays › Section 260-RICR-30-05-2.3 - Definitions

Current through June 14, 2024
A. "Department" means the Department of Labor
				 and Training.
B. "Director" means
				 the Director of the Department of Labor and Training.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 2 - Payment of Wages, Employer Exemptions from Weekly Pay, and Exemptions for Work on Holidays and Sundays › Section 260-RICR-30-05-2.4 - Payment of Wages

Current through June 14, 2024
2.4.1
Purpose
The purpose of this §
											2.4     of this Part is to regulate
					 the requirements and methods of payment employers must comply with and use in
					 recompensing employees for all hours worked.
2.4.2
Exemptions
A. If an employee works both in an activity
				 which is exempt from the payment of wages at time and one-half and in work for
				 which wages at time and one-half are mandated by law pursuant to R.I. Gen. Laws
				 Chapter 25-3, then the employer shall pay wages at time and one-half for the
				 total hours worked by that employee in both activities, unless all hours for
				 each activity are separately stated by the employer.
B. If an employee works for an employer,
				 doing more than one task, or at a location different from his regular place of
				 employment, whether owned by the employer or in which the employer shares a
				 common ownership, all hours worked by that employee shall be recompensed at
				 time and one-half.
C. Department
				 hereby adopts the definition and delimiting of the terms "Any employee employed
				 in a bona fide executive, administrative or professional capacity,"
				 incorporated above at §
											2.2(A)     of
				 this Part in order to define employees who are exempt from minimum wage and
				 overtime requirements.
D. If an
				 employee is prevented from working a normal shift by reason of events beyond
				 the control of the employer or by "Acts of God" so-called, then such employee
				 shall not be entitled to three (3) hours minimum wages under R.I. Gen. Laws
				 §
											28-12-3.2.
E. If an employee is required by an employer
				 to attend a seminar, conference, training session or other such meeting, which
				 is job-related, then the time spent by the employee in so attending shall be
				 considered and recompensed as work time, even if it occurs outside of the
				 employee's usual work time.
F. If
				 an employer requires an employee to report to work at any of the employer's
				 places of business and then to travel to another location in order to commence
				 the employee's normal work shift, then the time spent in so traveling shall be
				 considered and recompensed as work time.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 2 - Payment of Wages, Employer Exemptions from Weekly Pay, and Exemptions for Work on Holidays and Sundays › Section 260-RICR-30-05-2.6 - Premium Pay Exemptions for Work on Holidays and Sundays

Current through June 14, 2024
2.6.1
Purpose
The purpose of §
											2.6     of this Part is to identify
					 classes of employers, either because of the nature of their operations or their
					 size, that are exempt from the requirement that work performed by employees on
					 Sundays and holidays must be paid for at least one and one-half (1 1/2) times
					 the normal rate of pay for the work performed.
2.6.2
Petition for Exemption
A. Any Rhode Island employer, as defined by
				 R.I. Gen. Laws §
											25-3-1(4),
				 may petition the Director for an exemption by filing with the Director a
				 written statement containing the following:
1. A description of the class of employers
				 which the petitioner seeks to exempt from holiday and Sunday premium wage
				 laws;
2. A description of the
				 employer class' operational requirements necessitating Sunday and holiday
				 staffing;
3. The approximate number
				 of petitioner's employees who typically work on Sundays and holidays and who
				 would be affected by the exemption; and
4. A statement of the economic necessity, as
				 defined by R.I. Gen. Laws §
												25-3-1,
				 justifying the exemption.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 3 - Industrial Homework (260-RICR-30-05-3) › Section 260-RICR-30-05-3.1 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to R.I. Gen. Laws §
										28-18-6.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 3 - Industrial Homework (260-RICR-30-05-3) › Section 260-RICR-30-05-3.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to regulate the uncontrolled
					 continuance of industrial homework where wages are notoriously low and working
					 conditions endanger the health of the worker, the protection of factory
					 industries, which must operate in competition with homework and of the workers
					 employed in homeworking and of the public interest of the community at large in
					 their health and well-being.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 3 - Industrial Homework (260-RICR-30-05-3) › Section 260-RICR-30-05-3.3 - Definitions

Current through June 14, 2024
A. Whenever used in this Part, the following
				 terms shall be construed as follows:
1.
				 "Contract or job shop" means a business operated to process goods owned by
				 another.
2. "Director of Labor"
				 means director of the Rhode Island Department of Labor.
3. "Jewelry and allied industries" means
a. the manufacture of jewelry and related
				 articles of whatever material composed, commonly or commercially so known, and
				 articles of ornament or adornment, except clothing, of whatever material
				 composed, intended or designed to be worn on apparel or carried or worn on or
				 about the person, and shall include parts of these articles.
b. Without limiting the generality of the
				 foregoing, the term jewelry shall expressly include the following: rings;
				 bracelets; necklaces; earrings; brooches; bar pins; compacts and vanity cases;
				 cigarette cases and lighters; buckles and ornaments for millinery, dresses,
				 bags and shoes; buttons of a jewelry nature; ornamental handbag frames and
				 clasps; religious medals; religious articles of a jewelry nature; rosary beads;
				 insignia jewelry and medals, including those for clubs, fraternities, schools,
				 colleges and other organizations; artificial pearls; beads of every material;
				 watch bracelets and wrist watch attachment; collar buttons; men's jewelry;
				 mechanical pens and pencils of ornamental design; watch cases; novelties of a
				 jewelry nature of whatever material made; the products of all processes
				 (whether in manufacturing plants, or in job shops, so called) which serve the
				 jewelry industry, expressly including processing on which are employed bobbers,
				 buffers, polishers, platers, engine turners, engravers, stonesetters,
				 lacquerers, enamelers or solderers; the products of refiners and all other
				 manufacturers, the major part of whose work is for the jewelry industry; and
				 the products of manufacturers of flat stock, sheet, wire, tubing, chain and
				 metal, findings for the jewelry industry.
4. "Jewelry homework" means the jewelry
				 processing in a home, including the home of the employer in whole or in part,
				 of material furnished by an employer of any article or articles to be returned
				 to the employer.
5. "Occupations"
				 means all occupations which have any part in the making, processing or
				 production of jewelry, as the term is used herein, including tool making and
				 hub and die cutting, and including the operations of carding, boxing and other
				 preparations for shipment or sale and including office workers and errand
				 boys.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 3 - Industrial Homework (260-RICR-30-05-3) › Section 260-RICR-30-05-3.5 - Registration

Current through June 14, 2024
All contract or job shops herein servicing the jewelry and
					 allied industries, as defined, shall register with the Rhode Island Department
					 of Labor and Training by October 1st of each year.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 3 - Industrial Homework (260-RICR-30-05-3) › Section 260-RICR-30-05-3.6 - Requirements

Current through June 14, 2024
A. All contract shops must meet the standards
				 for industrial operation as may be established by federal statutes, the laws of
				 this state and the ordinances of its political subdivisions. In addition such
				 contract shop shall supply adequate light, heat, ventilation and toilet
				 facilities.
B. Where zoning laws
				 permit, a contract shop may be located in any building that does not have an
				 entrance or other means of access to a house or other structure used as a
				 residence. Access to the contract shop must be gained only by a separate
				 entrance.
C. The operator of a
				 contract shop must notify the Director of Labor within five business days of a
				 change of location of the contract shop, and obtain another permit for the new
				 location.
D. All duly registered
				 contract shops must post the current permit in a conspicuous place where it may
				 readily be viewed during an inspection of the premises by a duly authorized
				 representative of the Director of Labor.
E. All suppliers of goods to contract shops
				 are subject to all provisions of R.I. Gen. Laws Chapter 28-18.
F. All suppliers' invoices for contracted
				 work shall bear the permit number of the contract shop.
G. Failure to adhere to any of the above
				 regulations may result in denial or revocation of a permit.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 4 - Health Care Facilities Staffing (260-RICR-30-05-4) › Section 260-RICR-30-05-4.1 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to
					 R.I. Gen. Laws §
										23-17.20-4.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 4 - Health Care Facilities Staffing (260-RICR-30-05-4) › Section 260-RICR-30-05-4.2 - Mandatory overtime; scope and general purpose.

Current through June 14, 2024
The procedures set forth in this regulation apply to all
					 public, private or state hospitals in accordance with R.I. Gen. Laws §
										23-17.20-1 et
					 seq. The rules set forth the standards and procedures governing the use by
					 hospitals of required overtime by hourly nurses and certified nurse assistants
					 involved in direct patient care activities or clinical services in health care
					 facilities.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 4 - Health Care Facilities Staffing (260-RICR-30-05-4) › Section 260-RICR-30-05-4.3 - Applicability

Current through June 14, 2024
A. The rules in this regulation do not apply
				 to the following:
1. Resident
				 Physicians;
2.
				 Volunteers;
3. Employees who
				 volunteer to work overtime;
4.
				 Certified Nurse anesthetists
5.
				 Salaried employees
6. Pre-scheduled
				 surgical employees working "on-call time"
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 4 - Health Care Facilities Staffing (260-RICR-30-05-4) › Section 260-RICR-30-05-4.4 - Definitions

Current through June 14, 2024
A. As used in this Regulation, the following
				 words and terms shall have the following meanings:
1. "Chronic short staffing" means a situation
				 characterized by long standing vacancies in that portion of the facility's
				 master staffing plan applicable to the work unit of an employee who files a
				 complaint where such vacancies are the result of open positions that
				 continually remain unfilled over a period of 180 days or more despite active
				 recruitment efforts.
2. "Director"
				 means the Director of the Department of Labor and Training.
3. "Department" means the Rhode Island
				 Department of Labor and Training
4.
				 "Employee" means an individual employed by a health care facility as a nurse
				 licensed pursuant to R.I. Gen. Laws § 23-5-34 or a certified nurse
				 assistant registered pursuant to R.I. Gen. Laws Chapter 23-17.9;
5. "Employer" means a person, partnership,
				 association, corporation or person or group of persons acting directly or
				 indirectly in the interest of a health care facility;
6. "Health care facility" means any private,
				 public or state hospital;
7.
				 "On-call time" means time spent by an employee who is not currently working on
				 the premises of the place of employment, but who is compensated for
				 availability, or as a condition of employment has agreed to be available, to
				 return to the premises of the place of employment on short notice if the need
				 arises;
8. "Reasonable efforts"
				 means that the employer shall:
a. Seek persons
				 who volunteer to work extra time from all available qualified staff who are
				 working at the time of the unforeseeable emergent circumstance;
b. Contact all qualified employees who have
				 made themselves available to work extra time;
c. Seek the use of qualified per diem
				 staff;
9. "Unforeseeable
				 emergent circumstance" means an unpredictable or unavoidable occurrence
				 relating to health care delivery that requires immediate action, and which
				 shall include a major power outage, a public health emergency, an irregular
				 increase in patient census, or an irregular increase in the number of employees
				 not reporting for predetermined scheduled work shifts.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 4 - Health Care Facilities Staffing (260-RICR-30-05-4) › Section 260-RICR-30-05-4.5 - Records; dissemination of information

Current through June 14, 2024
A. Except as
				 provided for in §
										4.5(B)     of
				 this Part below, an employer shall not require an employee to work in excess of
				 an agreed to, predetermined and regularly scheduled daily work shift of eight
				 (8), ten (10), or twelve (12) hours per week except in an unforeseeable
				 emergent circumstance. In no case shall a health care facility require an
				 employee to work in excess of twelve (12) consecutive hours. The acceptance by
				 any employee of work in excess of this shall be strictly voluntary. The refusal
				 of an employee to accept such overtime work shall not be groundsfor
				 discrimination, dismissal, discharge, or any other penalty or employment
				 decision adverse to the employee.
B. The requirements of §
										4.5(A)     above
				 shall not apply in the case of an unforeseeable emergent circumstance when:
1. The overtime is required only as a last
				 resort, and is not used to fill vacancies resulting from chronic short
				 staffing; and
2. The employer has
				 exhausted reasonable efforts to obtain staffing. However, exhaustion of
				 reasonable efforts shall not be required in the event of any declared national,
				 State or municipal emergency or a disaster or other catastrophic event which
				 substantially affects or increases the need for health care services or causes
				 the facility to activate its emergency or disaster plan;
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 4 - Health Care Facilities Staffing (260-RICR-30-05-4) › Section 260-RICR-30-05-4.6 - Enforcement and administrative penalties

Current through June 14, 2024
If the Director determines that a health care facility has
					 violated provisions of R.I. Gen. Laws §
										23-17.20-1 et.
					 seq., the Director shall issue a penalty of three hundred dollars ($300) for
					 each violation pursuant to R.I. Gen. Laws §
										23-17.20-4.
4.6.1
ENFORCEMENT
A. An employee shall file a written complaint
				 on a form designated for such purpose by the Department alleging violations of
				 the Rhode Island Health Care Facilities Staffing Act, R.I. Gen. Laws §
											23-17.20-1 et
				 seq.;
B. Upon receipt of an
				 employee's complaint the Director or his or her designee shall give the
				 employer written notice and thirty (30) days to respond in writing to said
				 complaint. If the Director or his or her designee finds probable cause that the
				 employer has failed to comply with the provisions of the Health Care Facilities
				 Staffing Act, a hearing shall be scheduled wherein the Director or his or her
				 designee shall determine by a preponderance of the evidence whether the
				 employer committed the alleged violations in violation of the Act;
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 4 - Health Care Facilities Staffing (260-RICR-30-05-4) › Section 260-RICR-30-05-4.7 - Policies and procedures

Current through June 14, 2024
A health care facility shall post, in one or more places in
					 its establishment where it may be easily seen and read by all employees
					 employed by the health care facility, a printed or typewritten poster produced
					 and furnished by the Department.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 4 - Health Care Facilities Staffing (260-RICR-30-05-4) › Section 260-RICR-30-05-4.8 - Discharge or discrimination against an employee making a complaint

Current through June 14, 2024
An employer shall not discharge or in any other manner
					 discriminate against an employee because such employee has made any complaint
					 to his or her employer, including the employer's representative or to the
					 Department or any other governmental agency that the employee has been required
					 to work overtime in contravention to the provisions of R.I. Gen. Laws §
										23-17-1 et
					 seq.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 4 - Health Care Facilities Staffing (260-RICR-30-05-4) › Section 260-RICR-30-05-4.9 - Complaint system

Current through June 14, 2024
A. An employee
				 shall have a right to file a complaint up to thirty (30) days following the
				 date of the assigned mandatory overtime if he or she believes the overtime was
				 not in response to an unforeseen emergent circumstance, and/or required
				 reasonable efforts were not exhausted;
B. If requested, any employer record required
				 herein shall be made available upon request to the Department within thirty
				 (30) days.
C. An employee may be
				 represented by legal counselor union representative; however, the employee must
				 sign the original compliant and must be available to provide information and/or
				 provide testimony if needed.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 5 - Paid Sick and Safe Leave Time (260-RICR-30-05-5) › Section 260-RICR-30-05-5.1 - Purpose

Current through June 14, 2024
The purpose of this regulation is to provide clarity on the
					 paid sick and safe leave provisions pursuant to the Healthy and Safe Families
					 and Workplaces Act, R.I. Gen. Laws Chapter 28-57.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 5 - Paid Sick and Safe Leave Time (260-RICR-30-05-5) › Section 260-RICR-30-05-5.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority
					 granted by R.I. Gen. Laws §
										28-57-9.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 5 - Paid Sick and Safe Leave Time (260-RICR-30-05-5) › Section 260-RICR-30-05-5.4 - Paid Sick and Safe Leave Time - Exemptions

Current through June 14, 2024
5.4.1
Employers with Paid Time Off Policies
A. Any employer with a paid time off policy
				 who makes available at least twenty-four (24) hours during calendar year 2018,
				 thirty-two (32) hours during calendar year 2019 and forty (40) hours per
				 calendar year thereafter of paid time off to employees is exempt from the
				 following requirements of the Healthy and Safe Working Families Act, R.I. Gen.
				 Laws Chapter 28-57:
1. Providing earned or
				 paid sick and safe leave time in accordance with the schedule or formula
				 provided in R.I. Gen. Laws §§
												28-57-5(a),
				 (b) and (c); and
2. Allowing employees to carry over unused
				 sick and safe leave as required per R.I. Gen. Laws §
												28-57-5(e).
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 5 - Paid Sick and Safe Leave Time (260-RICR-30-05-5) › Section 260-RICR-30-05-5.5 - Accrual of Paid Sick and Safe Leave

Current through June 14, 2024
5.5.1
Covered
				 Employers
A. Employer Size
1. Employers must provide paid sick and safe
				 leave time to all employees if the employer maintained an average of eighteen
				 (18) or more employees in Rhode Island during the previous payroll year's
				 highest two employment quarters.
2.
				 For the purpose of this determination, employers shall count all unique
				 positions and that total shall represent the number of employees that they
				 employed during that time period.
3. This calculation shall be performed on an
				 annual basis using that year's employment data.
4. Employers must establish annually whether
				 they employ eighteen (18) or more employees and are required to provide paid
				 leave. This determination remains in effect, regardless of the size of the
				 employer, for the following twelve (12) months.
5. New employers must provide paid sick and
				 safe leave to all employees once they have a total of eighteen (18) or more
				 employees on their payroll.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 5 - Paid Sick and Safe Leave Time (260-RICR-30-05-5) › Section 260-RICR-30-05-5.6 - Use of Paid Sick and Safe Leave Time

Current through June 14, 2024
5.6.1
Employee's Right to Access Sick Leave
A. Adverse Action
1. Employers may not take adverse action
				 against any employee for making use of the rights and protections provided in
				 these regulations or in R.I. Gen. Laws §
												28-57-1 et. seq.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 5 - Paid Sick and Safe Leave Time (260-RICR-30-05-5) › Section 260-RICR-30-05-5.7 - Enforcement

Current through June 14, 2024
5.7.1
Administrative Enforcement
A. Penalties
1. Employers who have been found in violation
				 of this chapter by the director or his or her designee shall be liable for a
				 penalty of one hundred dollars ($100) for a first offense.
2. Subsequent violations will result in a
				 penalty of one hundred to five hundred dollars ($100-$500) per offense.
a. Each day of violation shall constitute a
				 separate offense
b. In determining
				 the amount of the penalty, the director or his or her designee shall consider
				 the size of the employer's business; the good faith of the employer; the
				 gravity of the violation; the history of previous violations; and whether or
				 not the violation was an innocent mistake or willful.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 5 - Paid Sick and Safe Leave Time (260-RICR-30-05-5) › Section 260-RICR-30-05-5.8 - Confidentiality

Current through June 14, 2024
A. Employers shall keep confidential any
				 information regarding their employees' use of PSSL or earned sick time
				 benefits.
1. Employers shall be permitted to
				 disclose, on a limited basis, as part of their defense during any
				 administrative or judicial proceeding, whether or not an employee has accrued,
				 used, or requested to use, the benefits prescribed by this chapter.
2. Employers shall also be permitted to
				 disclose whether the employee adhered to their previously established and
				 distributed employer policy while using such benefits.
a. Employers are not permitted to disclose
				 any details pertaining to their employees' use of the benefits prescribed by
				 this chapter other than as described in §
												5.8(A)(1)     of
				 this Part. This includes, but shall not be limited to: the details of any
				 illness, injury, incident or legal action that pertained to the use of such
				 benefits.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 7 - Parental and Family Medical Leave Act (260-RICR-30-05-7) › Section 260-RICR-30-05-7.1 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to
					 R.I. Gen. Laws §
										28-48-1 et
					 seq.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 7 - Parental and Family Medical Leave Act (260-RICR-30-05-7) › Section 260-RICR-30-05-7.2 - Purpose

Current through June 14, 2024
These rules and regulations shall assist in carrying out
					 the powers and duties assigned to the Department of Labor and Training
					 (hereinafter, "Department") related to the Department's enforcement of the
					 provisions of the Parental and Family Medical Leave Act, R.I. Gen. Laws §
										28-48-1 et
					 seq.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 7 - Parental and Family Medical Leave Act (260-RICR-30-05-7) › Section 260-RICR-30-05-7.3 - Definitions

Current through June 14, 2024
A. "Employer" means:
1. any person, sole proprietorship,
				 partnership, corporation or other business entity that employs fifty (50) or
				 more employees,
2. the State of
				 Rhode Island (including the executive, legislative and judicial branches), and
				 any state department or agency that employs persons, and
3. any city or town or municipal agency that
				 employs thirty (30) or more employees, and
4. any person who acts directly or indirectly
				 in the interest of any employer.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 7 - Parental and Family Medical Leave Act (260-RICR-30-05-7) › Section 260-RICR-30-05-7.4 - Parental and Family Medical Leave - Rights and Duties

Current through June 14, 2024
A.
				 The employee shall be entitled, upon reasonably advanced notice to his or her
				 employer, to thirteen (13) consecutive work weeks of parental leave or family
				 leave in any two (2) calendar years.
B. The employee shall give at least thirty
				 (30) days' notice of the intended date upon which parental leave or family
				 leave shall commence and terminate, unless prevented by medical emergency to
				 provide said notice.
C. If an
				 employer provides paid parental leave or family leave or fewer than thirteen
				 (13) weeks, the additional weeks of leave added to attain the total of thirteen
				 (13) weeks required by R.I. Gen. Laws Chapter 28-48 may be unpaid.
D. The employee shall provide upon the
				 request of the employer written certification from a physician caring for the
				 person who is the reason for the employee's leave specifying the probable
				 duration of the employee's leave.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 7 - Parental and Family Medical Leave Act (260-RICR-30-05-7) › Section 260-RICR-30-05-7.5 - Employment and Health Benefits Protection

Current through June 14, 2024
A. Upon the
				 expiration of parental leave or family leave an employee shall be entitled to
				 be restored by the employer to the position held by the employee when the leave
				 commenced, or to a position with equivalent seniority, status, employment
				 benefits, pay and other related terms and conditions of employment, including
				 fringe benefits and service credits that the employee had been entitled to at
				 the commencement of leave.
B.
				 During any period of parental or family leave the employer shall maintain any
				 existing health benefits of the employee in force for the duration of such
				 leave as if the employee had continued in employment continuously from the date
				 he or she commenced such leave until the date he or she returns to employment.
				 The maintenance of health benefits shall be governed by R.I. Gen. Laws §
										28-48-3.
C. An employee on parental leave or family
				 leave shall not suffer the loss of any benefit accrued before the date on which
				 the leave commenced, nor shall any employee who takes parental leave or family
				 leave be entitled to any benefit other than benefits to which the employee
				 would have been entitled had he or she not taken the leave.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 7 - Parental and Family Medical Leave Act (260-RICR-30-05-7) › Section 260-RICR-30-05-7.6 - Employee's Notice to the Employer-Form and Content

Current through June 14, 2024
An employee's notice to the employer indicating his or her
					 intent to exercise the right to parental leave or family leave shall be in
					 writing and shall verify the truthfulness of the factual representations made
					 by said employee. The notice shall include information which reasonably
					 identifies the employee and his or her employment relationship to the employer,
					 as well as a detailed description of the circumstances supporting his or her
					 entitlement to parental leave or medical leave.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 7 - Parental and Family Medical Leave Act (260-RICR-30-05-7) › Section 260-RICR-30-05-7.7 - Enforcement

Current through June 14, 2024
A. An employee may file a written complaint
				 alleging violations of the Rhode Island Parental and Family Medical Leave Act,
				 R.I. Gen. Laws §
										28-48-1 et
				 seq.
B. Upon receipt of an
				 employee's complaint the Director of the Rhode Island Department of Labor or
				 his or her designee shall give the employer written notice and an opportunity
				 to respond in writing to said complaint. If the Director or his or her designee
				 finds probable cause that the employer has failed to comply with the provisions
				 of the Rhode Island Parental and Family Medical Leave Act, a hearing shall be
				 scheduled wherein the Director or his or her designee shall determine by a
				 preponderance of the evidence whether the employer committed the alleged
				 violations.
C. If after hearing it
				 is found that the employer has failed to comply with the provisions of the
				 Parental and Family Medical Leave Act, the Director or his or her designee may
				 issue such orders as he or she deems necessary to protect the rights of the
				 employee, including reinstatement of the employee and/or retroactive wages and
				 applicable benefits.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 8 - Fair Employment Practices › Section 260-RICR-30-05-8.1 - Authority

Current through June 14, 2024
R.I. Gen. Laws §
										28-6-23 authorizes the Director of
					 the Department of Labor and Training to ensure compliance with §§17-24 of R.I. Gen. Laws Chapter 28-6. The Department is authorized to
					 promulgate guidance related to compliance with the provisions of these
					 statutes, investigate any violations, institute actions for the collection of
					 wages and for penalties or other relief as provided for within and pursuant to
					 those Chapters.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 8 - Fair Employment Practices › Section 260-RICR-30-05-8.2 - Definitions

Current through June 14, 2024
The definitions set forth in R.I. Gen. Laws §
										28-6-17 are hereby incorporated by reference.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 8 - Fair Employment Practices › Section 260-RICR-30-05-8.3 - Wage Differential for Comparable Work Based on Protected Class Characteristics Prohibited

Current through June 14, 2024
A. Where an employer
				 has more than one (1) employee engaged in comparable work either simultaneously
				 or successively, the employer shall not pay any of its employees a lower wage,
				 inclusive of all benefits, on the basis of race, color, religion, sex, sexual
				 orientation, gender identity or expression, disability, age, or country of
				 ancestral origin for said comparable work, except where the employer meets the
				 standards set forth in subsection (b) of R.I. Gen. Laws §
										28-6-18.
B. Where an employee does
				 not have a contemporaneous co-worker engaged in comparable work, but the
				 employer previously employed one (1) or more other individuals to perform
				 comparable work, the employee may make reference to the wages of the
				 predecessor individual(s) as comparator for determining whether a pay
				 differential exists.
C.
				 Compensation unrelated to the performance of an employee's job functions, such
				 as referral bonuses or relocation compensation, are not included in assessing
				 pay differentials, provided this compensation is incidental to the employee's
				 primary job functions and is not a pretext for an unlawful wage differential;
				 incentive compensation, such as recruitment, hiring or sign-on bonuses, and
				 subjective compensation, such as gifts or holiday bonuses, are to be included
				 in assessing pay differentials.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 8 - Fair Employment Practices › Section 260-RICR-30-05-8.4 - Posting of Rights

Current through June 14, 2024
The Department of Labor and Training shall make available
					 on its website, free of charge, printable materials that clearly state the
					 rights and responsibilities afforded to and conferred upon employers,
					 employees, and job applicants by §§17-24 of R.I. Gen. Laws Chapter
					 28-6.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 8 - Fair Employment Practices › Section 260-RICR-30-05-8.5 - Enforcement

Current through June 14, 2024
In carrying out the functions assigned by R.I. Gen. Laws
					 §
										28-6-19, the Department of Labor and Training shall apply the
					 investigatory, enforcement, and hearing procedures set forth in Part 10-00-5 of
					 this Title.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 05 - Labor Standards › Part 8 - Fair Employment Practices › Section 260-RICR-30-05-8.6 - Retaliation Prohibited

Current through June 14, 2024
A. Employers are
				 prohibited from taking adverse action, including but not limited to
				 termination, refusal to hire, demotion, or reduction or withholding of pay,
				 against any employee or job applicant on the basis of the employee's or
				 applicant's exercise of any right conferred in R.I. Gen. Laws §§
										28-6-24 through  28-6-24, including the filing of, or providing testimony or
				 other support for, a claim of a violation of the provisions of these Sections;
				 requesting a wage range for a position; inquiring about wages or discussing
				 wages with others; encouraging discussion of wages; or refusing to provide a
				 wage history.
B. Where an
				 individual believes that such retaliation has occurred, the individual shall
				 have the same recourse as provided in §
										8.5     above.