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-30-05-5.3 - Definitions

Current through June 14, 2024
A. As used in this regulation, the following
				 terms shall be defined as follows:
1. "Adverse
				 action" means the denial of any right guaranteed under the Healthy and Safe
				 Families and Workplaces Act, R.I. Gen. Laws §
											28-57-1 et. seq., and these regulations, and any threat, discharge, suspension,
				 demotion, reduction of hours, reporting or threatening to report the
				 citizenship or immigration status of the employee or their family member to a
				 federal, state or local agency, or any other action that would cause harm to
				 the employee in any way.
2.
				 "Employee" means any person suffered or permitted to work by an employer,
				 including those working on a full-time, part-time or per diem basis, except for
				 those exempted from the requirements of R.I. Gen. Laws §
											28-57-1 et seq. per R.I. Gen. Laws §
											28-57-4(f) 
				 and those not considered employees as defined in R.I. Gen. Laws §
											28-12-2.
				 Independent contractors, subcontractors, and work study participants as
				 described pursuant to 42 U.S.C. § 2753.23, and apprenticeships and interns
				 as defined under the Fair Labor Standards Act, 29. U.S.C. § 201 et seq.,
				 shall not be considered to be employees, pursuant to R.I. Gen. Laws §
											28-57-3(7).
3. "Food employee" means any individual
				 working with unpackaged food, food equipment or utensils, or food-contact
				 surfaces, as defined by the Rhode Island Food Code (216-RICR- 50-10-1
				).
4. "Member of employee's
				 household" means a person that resides at the same physical address as the
				 employee or a person that is claimed as a dependent by the employee for federal
				 income tax purposes.
5. "New
				 employer" means any employer that establishes an entity subsequent to January 1
				 of the requisite calendar year except that a firm or establishment that
				 formerly existed, but has changed ownership, is not to be considered a new
				 employer under these regulations.
6. "Public employer" means the State of Rhode
				 Island, Rhode Island quasi-public agencies, Rhode Island cities and towns and
				 local public employers not covered by the term "cities and towns," including,
				 but not limited to: school committees, school districts, regional schools and
				 educational collaboratives, and any other public entity.
7. "Same hourly rate" means the following
				 based on the employee's regular compensation:
a. For employees compensated on an hourly
				 basis, the same hourly rate means the employee's regular hourly rate.
b. For employees who receive different rates
				 of pay for hourly work from the same employer, the same hourly rate means
				 either:
(1) The wages the employee would have
				 been paid for the hours absent during use of paid sick and safe leave time if
				 the employee had worked; or
(2) The
				 blended rate, determined by taking the weighted average of all regular rates of
				 pay over the previous pay period, month, quarter or other established period of
				 time the employer customarily uses to calculate blended rates for similar
				 purposes.
c. Whichever
				 above method employers elect to determine the same hourly rate must be used
				 consistently by those employers throughout a benefit year.
d. For employees paid a salary, the same
				 hourly rate means the employee's total earnings in the previous pay period
				 divided by their total hours worked during that pay period. Employees who are
				 exempt from overtime requirements under
				  29 U.S.C. §
													213(a)(1), the
				 Fair Labor Standards Act, shall be assumed to have worked forty (40) hours in
				 each week unless their normal work week is less than forty (40) hours, in which
				 case the same hourly rate shall be calculated based on the employee's normal
				 work week. Under no circumstances may the same hourly rate equal less than the
				 effective minimum wage as required per R.I. Gen. Laws §
												28-12-3.
e. For employees paid on a piece work or
				 fee-for-service basis, the same hourly rate means a reasonable calculation of
				 the wages or fees the employee would have received for the piece work, service
				 or part thereof, if the employee had worked. Regardless of the basis used, the
				 same hourly rate shall not be less than the effective minimum wage as required
				 per R.I. Gen. Laws §
												28-12-3.
f. For employees paid on commission the same
				 hourly rate means the greater of the base wage or the effective minimum wage as
				 required per R.I. Gen. Laws §
												28-12-3.
g. For tipped employees who ordinarily
				 receive the "tipped minimum wage" or minimum wage for employees receiving
				 gratuities, the same hourly rate means the effective minimum wage as required
				 per R.I. Gen. Laws §
												28-12-3.
h. The same hourly rate shall not include:
(1) Sums paid as commissions, drawing
				 accounts, bonuses, or other incentive pay based on sales or
				 production;
(2) Sums excluded under
				  29 U.S.C. §
														207(e),
				 including contributions irrevocably made by an employer to a trustee or third
				 person pursuant to a bona fide plan for providing old-age, retirement, life,
				 accident, or health insurance, and any other employee benefit plans;
(3) Overtime, holiday pay or other premium
				 rates. However, when an employee's regular hourly rate is a "differential
				 rate," meaning a different wage paid for the same work performed under
				 differing conditions (hours, etc.), the "differential rate" is not a premium
				 and shall be considered as regular wages for the purpose of determining the
				 same hourly rate.
8. "Seasonal employee" means an employee who
				 is hired into a position for which the customary annual employment is six
				 months or less, pursuant to R.I. Gen. Laws §
											28-57-3(13).
9. "Temporary employee" means persons that
				 are employed by an employment agency or temporary staffing company and are
				 placed for assignment with other entities pursuant to R.I. Gen. Laws §
											28-57-3(18).
10. "Written notice or In writing" means any
				 printed or printable communication that is provided in a physical or electronic
				 format, including communications that are transmitted through electronic mail,
				 a computer system or is otherwise sent and stored electronically. Provided,
				 however, that such notice shall be provided via hard copy upon the request of
				 the employee.