The director of labor and training is required to make a report to the general assembly annually in January. In this report, the director is required to collect, arrange, tabulate and publish the...
Every employer of labor, and every person engaged in any industrial pursuit, shall give the director of labor and training all proper and necessary information to enable the director to perform...
The director of labor and training, with the approval of the governor, appoints an administrative assistant, who performs the duties prescribed by the director and serves at his or her pleasure....
The director of labor and training may employ assistants and incur expenses incident to the proper discharge of the duties of his or her office, and the general assembly shall appropriate annually...
It is the duty of every able-bodied resident of this state between the ages of eighteen (18) and fifty (50) years to be habitually and regularly engaged in some lawful, useful, and recognized...
In no case shall the possession by the accused of money, property, or income sufficient to support himself or herself and those regularly dependent upon him or her be a defense to any prosecution...
A claim by the accused of his or her inability to obtain work or employment is not a defense to a prosecution under this chapter, unless it is proved that the accused promptly notified the...
All persons required to work under this chapter shall receive compensation of not less than the wage or salary paid to others engaged in the same nature of work to which each person is assigned....
Any person failing or refusing to do, or to continue to do, the work assigned to him or her, or who has not become regularly or continuously employed in some lawful, useful and recognized...
As soon as the proclamation has been issued as provided in § 28-2-1, it is the duty of the director of labor and training to prepare and publish rules and regulations governing the assignment of...
The director of labor and training is authorized to appoint or employ any employees that may be necessary, and to use any agencies that may be available and appropriate, to aid him or her in...
For the purposes of this chapter, any person described in § 28-2-1 found in this state is deemed a resident, and in any prosecution under this chapter, proof that the accused habitually loiters in...
No child under fourteen (14) years of age shall be employed or permitted or suffered to work at any time in any business or industrial establishment in this state. No child under sixteen (16)...
Whenever any truant officer or compliance inspector has reason to doubt that any child employed in any factory, mechanical, manufacturing, or business establishment has reached the age of sixteen...
The school committee of each town and city, or a person that the school committee may designate, may issue a special limited permit to work for any child who has completed fourteen (14) years of...
The school committee of each city and town is authorized to adopt and implement a school-supervised and school-administered work experience and career exploration program (WECEP). Students who...
The permit of any child issued pursuant to § 28-3-3 may be revoked or suspended by the school committee which issued the permit if, upon the recommendation of the principal of the school which the...
The permit shall, within five (5) days after termination of the employment of the child, be returned by the employer to the school committee which issued it, or to a person that the committee...
In case it appears to the satisfaction of the school committee, or person authorized to give the certificate, that neither the birth certificate, baptismal certificate, nor passport of the child...
All certificates of age and permits required by this chapter relating to the qualification of children employed in any factory, or manufacturing, or business establishment coming under this...
If, after investigation, the inspector finds that the certificate or permit should not have been issued to the child under this chapter, then he or she shall deliver the certificate or permit to...
Every person, firm or corporation doing business within this state employing five (5) or more persons, or employing any child under sixteen (16) years of age, is subject to §§ 28-3-1 -- 28-3-20...
No minor under sixteen (16) years of age shall be employed or permitted to work in operating or assisting in operating any of the following machines: circular or bandsaws, wood shapers, wood...
The department of labor and training is empowered and is hereby authorized, under any rules that it may determine, to declare any particular work, occupation, trade, place, or process injurious,...
(a) No children under sixteen (16) years of age shall be employed or permitted or suffered to work more than forty (40) hours in any one week in any business or mercantile establishment within...
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Every employer shall post, in one or more places in his or her establishment where it may be easily seen and read by all employees employed by him or her, a printed or typewritten notice stating...
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(a) (1) No man, woman, or child shall be employed for more than six (6) hours at one time in a factory, workshop, mechanical, or mercantile establishment without an interval of at least twenty...
Every person who willfully employs or has in his employ or under his charge any person in violation of §§ 28-3-11 -- 28-3-14, and every parent or guardian who permits any child to be so employed,...
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The division of labor standards has full power to enforce §§ 28-3-1 -- 28-3-20, and has all the powers of the division of compliance inspection insofar as those powers relate to and affect women...
A printed copy of §§ 28-3-1 -- 28-3-20 shall be posted by the inspectors in each workroom of every factory, manufacturing, or mercantile establishment where persons are employed who are affected...
(a) Except as otherwise specifically provided, any person or corporation who employs a child under sixteen (16) years of age without the permit required by § 28-3-3, or who makes a false statement...
No boy under twelve (12) years of age and no girl under sixteen (16) years of age shall, in any street or other public place in any city having a population of over forty thousand (40,000)...
No boy or girl under sixteen (16) years of age shall, in any of the places mentioned or described in § 28-3-21, perform any act mentioned or described in that section until a permit and a badge...
A permit and badge shall be issued only upon the application of the parent, guardian, or other person having the custody of the boy or girl desiring the permit and badge, or, in case the boy or...
The permit shall be numbered, shall give a sufficient description to identify the boy or girl, and shall give the date and place of birth of the boy or girl, his or her name and address, and the...
No boy or girl under sixteen (16) years of age shall, in any of the places mentioned or described in § 28-3-21, perform any of the acts mentioned or described in that section after 9:00 P.M.,...
The permit and badge of any boy or girl who gives, loans, sells, or otherwise transfers either his or her permit or badge, or who violates any of the provisions of §§ 28-3-21 -- 28-3-32, or who...
The principal of each school in which boys and girls under sixteen (16) years of age are pupils shall keep a complete list of all boys and girls in his or her school to whom permits and badges...
Any child who violates any of the provisions of §§ 28-3-21 -- 28-3-32 shall be warned by an officer whose duty it is to enforce those sections; and the parents, guardian, custodian, or next friend...
Any person having control over a child as parent, guardian, or otherwise, who permits or allows the child to violate any of the provisions of §§ 28-3-21 -- 28-3-32, shall, for each offense...
The general assembly shall annually appropriate a sum that it deems necessary for the purpose of purchasing the badges required to be issued under §§ 28-3-21 -- 28-3-32, and the state controller...
No police officer, probation officer, truant officer, or principal of a school complaining under any of the provisions of this chapter is required to give surety for costs; and these persons shall...
Any minor who is sixteen (16) years of age or over, or who, being under sixteen (16) years of age, has a limited permit to work given him or her by or under the direction of the school committee...
Every indenture shall be signed: (1) By the minor; (2) By the parents, or either one of them, as the natural guardians or guardian of the minor; or by the appointed legal guardian of the...
In every case there shall be three (3) deeds in the same form and tenor, executed by all parties, one to be kept by each. ...
All indentures made in accordance with §§ 28-4-1 -- 28-4-4 are good and effectual in law against all parties and the minor, according to the tenor of the indenture, except for any provisions that...
Whenever a petition or complaint in writing and under oath is made to any judge of the district court that any master or apprentice, within a division where the court is situated, has willfully...
Upon the hearing of a petition or complaint, the court may determine the controversy or matter complained of in a summary way, and discharge either party from the indenture and contract of...
This chapter may be cited as the State Fair Employment Practices Act. ...
The practice or policy of discrimination against individuals because of their race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of...
This chapter shall be deemed an exercise of the police power of the state for the protection of the public welfare, prosperity, health, and peace of the people of the state. ...
The right of all individuals in this state to equal employment opportunities, regardless of race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or...
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When used in this chapter: (1) Age means at least forty (40) years of age. (2) Because of sex or on the basis of sex includes, but is not limited to, because of or on the basis of...
It is an unlawful employment practice: (1) For any employer: (i) To refuse to hire any applicant for employment because of his or her race or color, religion, sex, disability, age, sexual...
It is not unlawful for an employer as defined in § 28-5-6(7)(i) or any agency or instrumentality of the state or a political subdivision of the state to fail or refuse to hire or to discharge any...
An unlawful employment practice may be established in an action or proceeding under this chapter when the complainant demonstrates that race, color, religion, sex, sexual orientation, gender...
There is created a commission to be known as the Rhode Island commission for human rights, consisting of seven (7) members to be appointed by the governor, with the advice and consent of the...
The five (5) commissioners appointed before July 12, 1990, shall serve the remainder of their terms. One of the two (2) new commissioners to be appointed after July 12, 1990, serve for five (5)...
Three (3) members of the commission constitute a quorum for the purpose of conducting the business of the commission. A vacancy in the commission does not impair the right of the remaining members...
Members of the commission receive compensation not exceeding fifty dollars ($ 50.00) for each day, or part of each day, necessarily spent in the discharge of their official duties, with a maximum...
Any member of the commission may be removed by the governor for inefficiency, neglect of duty, misconduct, or malfeasance in office, after being given a written statement of the charges and an...
The commission has the following powers and duties: (1) To establish and maintain a principal office in the city of Providence, Rhode Island, and any other offices within the state that it...
In order to eliminate prejudice among the various ethnic groups in this state and to further good will among those groups, the commission and the state department of elementary and secondary...
The commission is authorized to accept contributions from any person and may seek and enlist the cooperation of private charitable, religious, labor, civic, and benevolent organizations for the...
The commission is empowered and directed, as provided in this chapter, to prevent any person from engaging in unlawful employment practices, provided that before instituting the formal hearing...
Upon the commission's own initiative, or whenever an aggrieved individual or an organization chartered for the purpose of combating discrimination, racism, or of safeguarding civil liberties, or...
(a) If the commission fails to effect the elimination of the unlawful employment practices and to obtain voluntary compliance with this chapter, or, if the circumstances warrant, in advance of any...
(a) The commission, member of the commission, or hearing examiner conducting the hearing has the power reasonably and fairly to amend any written complaint at any time prior to the issuance of an...
(a) The commission is not precluded from investigating, taking evidence, considering claims or issuing findings on matters which could have been presented to any other state administrative agency,...
In any proceeding the commission, its member, or its agent are not bound by the rules of evidence prevailing in the courts. ...
The testimony taken at the hearing shall be under oath and shall be reduced to writing and filed with the commission. Thereafter, in its discretion, the commission, upon notice, may take further...
(a) If, upon all the testimony taken, the commission determines that the respondent has engaged in or is engaging in unlawful employment practices, the commission shall state its findings of fact...
(a) A complainant may ask for a right to sue in state court if not less than one hundred and twenty (120) days and not more than two (2) years have elapsed from the date of filing of a charge, if...
If the commission finds that no probable cause exists for crediting the charges, or, if upon all the evidence, it finds that a respondent has not engaged in unfair employment practices, the...
Until a transcript of the record in a case is filed in a court as provided in this chapter, the commission may at any time, upon reasonable notice and in a manner that it deems proper, modify or...
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A judicial proceeding is initiated by the filing of a petition in the superior court, together with a transcript of the record upon the hearing before the commission, and the service of a copy of...
In addition to the remedies provided in § 28-5-24, where the challenged conduct is shown to be motivated by malice or ill will or when the action involves reckless or callous indifference to the...
If either party applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable...
The commission may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed. The commission shall file the modified or new findings and its...
The commission's copy of the testimony shall be available at all reasonable times to all parties without cost for examination and for the purposes of judicial review of the order of the...
The commission may appear in court by its own attorneys. ...
If no proceeding to obtain judicial review is instituted by a complainant, intervener, or respondent within thirty (30) days from the service of an order of the commission pursuant to § 28-5-24,...
Every employer, employment agency, and labor union subject to this chapter shall post in a conspicuous place or places on its premises a notice to be prepared or approved by the commission, which...
This chapter shall be liberally construed to accomplish its purposes, and any law inconsistent with any provision of this chapter shall not apply. Nothing contained in this chapter is deemed to...
On February 1 of each year the governor, in conjunction with the state equal opportunity office, submits to the general assembly a report documenting the status of affirmative action programs for...
Whenever in this chapter the terms, race or color, religion, sex, disability, age or country of ancestral origin appear, the words sexual orientation shall be inserted immediately thereafter. ...
Whenever in this chapter there shall appear the terms race or color, religion, sex, handicap, age, country of ancestral origin, or sexual orientation there shall be inserted immediately...
The fact that an individual has applied for, received or continues to receive private insurance or government assistance on the basis of a physical or mental impairment does not, by itself,...
(a) (1) Equal opportunity and affirmative action toward its achievement is the policy of all units of Rhode Island state government, including all public and quasi-public agencies, commissions,...
(a) The state equal opportunity office shall assign an equal opportunity officer as a liaison to agencies of state government. (b) Each state department or agency, excluding the legislative branch...
(a) The general assembly finds that, as a matter of public policy, the effectiveness of each appointed state board, commission, and the governing body of each public authority and quasi-public...
(a) The state equal opportunity administrator is authorized to initiate complaints against any agencies, administrators, or employees of any department or division within state government,...
Each appointing authority shall review the recruitment, appointment, assignment, upgrading, and promotion policies and activities for state employees without regard to race, color, religion, sex,...
(a) (1) The office of personnel administration of the department of administration prepares a comprehensive plan indicating the appropriate steps necessary to maintain and secure the equal...
The Rhode Island commission for human rights shall exercise its enforcement powers as defined in chapter 5 of this title and in this chapter, and shall have the full cooperation of all state...
(a) Every state agency shall render service to the citizens of this state without discrimination based on race, color, religion, sex, sexual orientation, gender identity or expression, age,...
(a) All educational programs and activities of state agencies, or in which state agencies participate, shall be open to all qualified persons without regard to race, color, religion, sex, sexual...
All state agencies, including educational institutions, which provide employment referral or placement services to public or private employees, shall accept job orders, refer for employment, test,...
The division of purchases shall prepare those rules, regulations, and compliance reports that require of contractors of this state the same commitment to equal opportunity that prevails under...
The attorney general, the department of corrections, and the Rhode Island justice commission shall stress to state and local law enforcement officials the necessity for nondiscrimination in the...
The state equal opportunity office shall review the equal opportunity activity of all private health care facilities licensed or chartered by the state, including hospitals, nursing homes,...
State agencies shall not discriminate by considering race, color, religion, sex, age, national origin, or disability in granting, denying, or revoking a license or charter, nor shall any person,...
State agencies disbursing financial assistance, including, but not limited to, loans and grants, shall hereafter require recipient organizations and agencies to undertake affirmative action...
All executive orders shall, to the extent that they are not inconsistent with this chapter, remain in full force and effect. ...
(a) The personnel administrator, in consultation with the equal employment opportunity administrator within the department of administration, shall annually conduct a utilization analysis of...
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No employer shall discriminate in the payment of wages as between the sexes or pay any female in his employ salary or wage rates less than the rates paid to male employees for equal work or work...
The director of labor and training has the power and the duty to carry out the provisions of §§ 28-6-17 -- 28-6-21. ...
An employer who violates the provisions of § 28-6-18 is liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages....
Any employer who violates any provision of §§ 28-6-17 -- 28-6-21, or who discharges or in any other manner discriminates against any employee because the employee has made any complaint to his or...
(a) No employer or agent of any employer shall, either orally or in writing, request, require, or subject any employee to any lie detector tests as a condition of employment or continued...
Any employer who subjects any person employed by him or her, or any person applying for employment, to a lie detector test, or causes, directly or indirectly, any employee or applicant to take a...
As used in this chapter, the term lie detector test means any test utilizing a polygraph or any other device, mechanism, instrument, or written examination which is operated or the results of...
(a) Whenever any employer requires a physical examination prior to employment, the cost of the examination shall be paid by the employer whether or not the prospective employee is hired. (b) Any...
No employer or agent of any employer shall charge a fee for the filing of an employment application. ...
Any employer who charges a fee for the filing of an employment application shall be punished by a fine of not more than two hundred dollars ($ 200). ...
(a) Every employer shall, upon not less than seven (7) days advance notice, holidays, Saturdays, and Sundays excluded, and at any reasonable time other than the employee's work hours and upon...
Any employer or any agent of an employer who violates the provisions of this chapter without just cause shall be fined not more than one hundred dollars ($ 100). ...
(a) No employer or agent of any employer shall, either orally or in writing, request, require, or subject any employee to submit a sample of his or her urine, blood, or other bodily fluid or...
(a) Except as provided in subsections (b) and (c), an employer may require a job applicant to submit to testing of his or her blood, urine, or any other bodily fluid or tissue if: (1) The job...
If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the...
(a) No employer or agent of any employer shall refuse to hire any applicant for employment, discharge any employee, or otherwise discriminate against any employee with respect to his or her...
(a) No employer, employment agency, or licensing agency shall directly or indirectly: (1) Request, require or administer a genetic test to any employee, licensee, or applicant for employment or...
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For the purposes of this chapter: (1) Employer includes the state, and all political subdivisions of the state, and any person in this state employing individuals, and any person acting in...
In any civil action alleging a violation of this chapter, the court may: (1) Award to a prevailing applicant or employee punitive damages in addition to any award of actual damages, and...
If any provision of this chapter or the application of any provision to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the...
Any contract or agreement, which purports to waive the provisions of this chapter, is declared null and void as against public policy. ...
No employer shall release the name, address, or otherwise breach the confidentiality of information obtained through an employee's participation in an employer assistance program, except where the...
In any civil action alleging a violation of this chapter, the court may: (1) Award to a prevailing plaintiff punitive damages in addition to any award of actual damages, and reasonable...
In any civil action alleging a violation of this chapter, the court may: (1) Award to a prevailing applicant punitive damages in addition to any award of actual damages and reasonable...
It is the public policy of this state to foster the employment of all individuals in the state including temporary employees working for any employment agency, placement service, training school...
When used in the chapter: (1) Employment agency includes any person undertaking with or without compensation to procure opportunities to work, or to procure, recruit, refer, or place...
(a) Before any temporary employee is given any new job assignment regardless of whether or not the assignment is with the same contracting company, an employment agency shall provide the temporary...
Upon determining that a person has violated § 28-6.10-3, the department of labor and training shall send a written notice of the violation to the person at his or her last known address containing...
This chapter shall be known and may be cited and referred to as the Rhode Island State Labor Relations Act. ...
(a) The economic necessity for employees to possess full freedom of association, actual liberty of contract, and bargaining power equal to that of their employers, who are frequently organized in...
When used in this chapter: (1) Board means the labor relations board created by § 28-7-4. (2) Company union means any committee employee representation plan or association of employees...
There is created in the department of labor and training a board to be known as the Rhode Island state labor relations board, composed of seven (7) members appointed by the governor, by and with...
A vacancy in the board does not impair the right of the remaining members to exercise all the powers of the board, and two (2) members of the board constitute a quorum at all times.. The board may...
The board shall, at the end of every year, make a report in writing to the director of labor and training, stating in detail the work it has done in hearing and deciding cases and otherwise, and...
The compensation for members of the board is established by the unclassified pay plan board. The director of labor and training is authorized and directed to provide the board with any clerical,...
(a) The board has authority from time to time to make, amend, and rescind any rules and regulations that may be necessary to carry out the provisions of this chapter, including the determination...
Neither the board nor any of its agents or employees shall engage in any effort to mediate, conciliate, or arbitrate any labor dispute, but nothing contained in this section shall be construed to...
Notwithstanding the provisions of any other law, neither the director of labor and training nor any board or other agency of the department of labor and training shall in any way direct, review,...
Employees have the right of self organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted...
It is an unfair labor practice for an employer: (1) To spy upon or keep under surveillance, whether directly or through agents or any other person, any activities of employees or their...
It is an unfair labor practice for public sector employee organizations, their agents, or representatives: (1) To refuse to meet and bargain collectively with a public employer if the labor...
Representatives designated or selected for the purpose of collective bargaining by the majority of the employees in a unit appropriate for this purpose, or by the majority of the employees voting...
The board shall decide in each case whether, in order to insure to employees the full benefit of their right to self organization, to collective bargaining, and otherwise to effectuate the...
Whenever it is alleged by an employee or his or her representative that there is a question or controversy concerning the representation of employees, the board shall investigate the question or...
The board has power to determine who may participate in the election and to establish the rules governing the election. No election shall be directed by the board solely because of the request of...
If at an election conducted pursuant to §§ 28-7-14 -- 28-7-19, three (3) or more nominees for exclusive collective bargaining representatives appear on the ballot and no one of them receives a...
A labor organization nominated as the representative of employees shall be listed by name on the ballots authorized by § 28-7-16. In any investigation conducted by the board pursuant to §§ 28-7-14...
(a) As used in this section, the following words, unless the context clearly requires otherwise, have the following meanings: (1) Control means the beneficial ownership of fifty percent (50%)...
The board is empowered and directed, as provided in this chapter, to prevent any employer, or public sector employee organization as provided in § 28-7-13.1, from engaging in any unfair labor...
Whenever a charge has been made that any employer, or public sector employee organization as provided in § 28-7-13.1, has engaged in or is engaging in any unfair labor practice, the board has...
(a) The testimony shall be taken at the hearing and the board in its discretion may upon notice take further testimony or hear argument. The taken or heard testimony shall not be reduced to...
Until a transcript of the record in a case has been filed in a court, as subsequently provided in this chapter, the board may at any time, upon reasonable notice and in a manner that it deems...
The board shall not require as a condition of taking action or issuing any order under this chapter that employees on strike or engaged in any other lawful, concerted activity discontinue that...
The board has power to petition the superior court of the state within the county where the unfair labor practice in question occurred or where any person charged with the unfair labor practice...
No objection that has not been urged before the board, its member, agent, or agency shall be considered by the court, unless the failure or neglect to urge the objection is excused because of...
The jurisdiction of the superior court is exclusive and its judgment final, except that the judgment is subject to review by the supreme court on appeal by either party, irrespective of the nature...
Any person aggrieved by a final decision of the board, or a final order of the board, granting or denying in whole or in part the relief sought may obtain a review of the final decision or final...
The commencement of proceedings under §§ 28-7-26 and 28-7-29 shall not, unless specifically ordered by the court, operate as a stay of the board's order. ...
When granting appropriate temporary relief or a restraining order, or making and entering a decree enforcing, modifying and enforcing as modified, or setting aside in whole or in part an order of...
Petitions filed under this chapter shall be heard expeditiously and are considered and determined upon the transcript filed, without requirement of printing. Upon the filing of a record in the...
For the purpose of all hearings and investigations which, in the opinion of the board, are necessary and proper for the exercise of the powers vested in it by §§ 28-7-14 -- 28-7-25, the board, or...
If any witness resides outside of the state, or through illness or other cause is unable to testify before the board or its member, agent, or agency conducting the hearing or investigation, his or...
In case of contumacy or refusal to obey a subpoena issued to any person, the superior court of any county within the jurisdiction of which the inquiry is carried on or within the jurisdiction of...
No person shall be excused from attending and testifying or from producing books, records, correspondence, documents, or other evidence in obedience to the subpoena of the board on the ground that...
(a) Complaints, orders, and other process and papers of the board, its member, agent, or agency, may be served either personally or by registered or certified mail or by telegraph or by leaving a...
All process of any court to which application may be made under this chapter may be served in the county where the person or persons required to be served reside or may be found. ...
The several departments, commissions, divisions, authorities, boards, bureaus, agencies, and officers of the state or any political subdivision or agency of it shall furnish the board, upon its...
Any person who willfully resists, prevents, impedes, or interferes with any member of the board or any of its agents or agencies in the performance of duties pursuant to this chapter, or who, in...
Subject to rules and regulations to be made by the board, the complaints, orders, and testimony relating to a proceeding instituted by the board under §§ 28-7-20 -- 28-7-25 may be made public...
Prior to the fifteenth day of November of each year, the director of labor and training shall submit to the director of administration for his or her approval an estimated budget of the...
The general assembly shall annually appropriate the sum that it deems necessary to carry out the purposes of this chapter; and the controller is authorized and directed to draw his or her orders...
(a) This chapter does not apply to the employees of any employer who concedes to and agrees with the board that the employees are subject to and protected by the provisions of the National Labor...
Nothing in this chapter shall be construed in a way that interferes with, impedes, or diminishes in any way the right of employees to strike or engage in other lawful, concerted activities. ...
If any clause, sentence, paragraph, or part of this chapter or the application of any clause, sentence, paragraph or part to any person or circumstances shall, for any reason, be adjudged by a...
Except for state payments to health care providers pursuant to the medical assistance program in chapter 8 of title 40 and the RITE Start program in § 23-13-18, the state of Rhode Island or any...
Whenever any employer has entered into a collective bargaining agreement with a labor organization or association of employees providing for payments to a health or welfare fund or pension fund,...
The director of labor and training shall enforce § 28-7.1-1. ...
Suits or actions at law for the violation by an employer of contracts of employment between the employer and his or her employees who are represented by a labor union as their legally constituted...
Labor organizations may sue as a legal entity for the benefit and on behalf of the employees whom it represents in the superior court of the state of Rhode Island having jurisdiction of the...
This chapter shall not be in substitution of any remedies which are now available to the employer or employee, but is cumulative to them. ...
A provision in a written contract between an employer and an association of employees, a labor union, trade union, or craft union, or between an association of employers and an association of...
An agreement in writing between an employer and an association of employees, a labor union, trade union, or craft union, or between an association of employers and an association of employees,...
A provision in a written contract between an employer and an association of employees, a labor union, trade union, or craft union, or between an association of employers and an association of...
If any suit or proceeding is brought upon any issue referable to arbitration under an agreement in writing for the arbitration, the court in which the suit is pending upon being satisfied that the...
The making of an agreement for arbitration is deemed a consent of the parties to it, to the jurisdiction of the superior court of this state to enforce the agreement. A party aggrieved by the...
If evidentiary facts are set forth raising a substantial issue as to the making of the contract or submission or the failure to comply with the terms, the court, or the judge of the court, shall...
If, in the contract for arbitration or in the submission, provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire, that method shall be followed, but if no...
Subject to the terms of the submission or contract, if any are specified, the arbitrators selected as prescribed in this chapter must appoint a time and place for the hearing of the matters...
The court has power to direct the arbitrators to proceed promptly with the hearing and determination of the controversy. ...
Before hearing any testimony, arbitrators selected as prescribed in this chapter must be sworn, by an officer authorized by law to administer an oath, faithfully and fairly to hear and examine the...
The arbitrator or arbitrators selected as prescribed in this chapter may require any person to attend before them as a witness; and he or she and they have, and each of them has, the same powers...
(a) In any proceeding under this chapter, unless the parties agree as to the arbitrator's or arbitrators' fees, those fees shall be fixed by the director of labor and training who shall require...
An award is valid and enforceable according to its terms and under this chapter without previous adjudication of the existence of a submission or contract to arbitrate, subject to this section:...
Arbitration of a controversy under a contract or submission described in this chapter is deemed a special proceeding, of which the superior court for the county in which one of the parties resides...
Any application to the court or a judge of the court shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise expressly provided in this...
To entitle the award to be enforced, as prescribed in this chapter, it must be in writing, within the time limited in the submission or contract, if any, subscribed by the arbitrator or...
(a) In any of the following cases the court must make an order vacating the award, upon the application of any party to the controversy which was arbitrated: (1) When the award was procured by...
Where an award is vacated, the court, in its discretion, may direct a rehearing either before the same arbitrator or arbitrators or before a new arbitrator or arbitrators to be chosen in the...
In any of the following cases, the court must make an order modifying or correcting the award upon the application of any party to the controversy which was arbitrated: (1) Where there was an...
Notice of a motion to vacate, modify, or correct an award must be served upon the adverse party, or his or her attorney, within three (3) months after the award is filed or delivered, as...
Upon the granting of an order confirming, modifying, or correcting an award, judgment may be entered in conformity with the order, except as is otherwise prescribed in this chapter. Costs of the...
(a) Immediately after entering judgment, the clerk must attach together and file the following papers: (1) The submission or contract, and each written extension of the time, if any, within...
The judgment so entered has the same force and effect in all respects as, and is subject to all the provisions of law relating to a judgment in an action; and it may be enforced as if it had been...
Where a party dies after making a submission or contract as prescribed in this chapter or otherwise, the proceedings may be begun or continued upon the application of, or upon notice to, his or...
(a) An arbitrator has the authority to consider the existence of a past practice that may exist between the parties to a collective bargaining agreement only under the following circumstances:...
This chapter may be cited as the Firefighters' Arbitration Act. ...
(a) The protection of the public health, safety, and welfare demands that the permanent uniformed members, rescue service personnel of any city or town, emergency medical services personnel of any...
The firefighters in any city or town have the right to bargain collectively with their respective cities or towns and to be represented by a labor organization in the collective bargaining as to...
The labor organization selected by the majority of firefighters in any city or town shall be recognized by the city or town as the sole and exclusive bargaining agent for all of the members of the...
In the event a majority of the firefighters in any city or town select a successor and or a new labor organization as the sole and exclusive bargaining agent for all the members of the city or...
It is the obligation of the city or town, acting through its corporate authorities, to meet and confer in good faith with the representative or representatives of the bargaining agent within ten...
In the event that the bargaining agent and the corporate authorities are unable, within thirty (30) days from and including the date of their first meeting, to reach an agreement on a contract,...
Within five (5) days from the expiration of the thirty (30) day period referred to in § 28-9.1-7, the bargaining agent and the corporate authorities shall each select and name one arbitrator and...
(a) The arbitration board, acting through its chairperson, shall call a hearing to be held within ten (10) days after the date of the appointment of the chairperson, and, acting through its...
The arbitrators shall conduct the hearings and render their decision upon the basis of a prompt, peaceful, and just settlement of wage or hour disputes between the firefighters and the city or...
Fees and necessary expenses of arbitration shall be borne equally by the bargaining agent and the corporate authorities. Notwithstanding any other remedies which a court appointed arbitrator...
Any agreements actually negotiated between the bargaining agent and the corporate authorities either before or within thirty (30) days after arbitration constitute the collective bargaining...
Whenever wages, rates of pay, or any other matter requiring appropriation of money by any city or town are included as matter of collective bargaining conducted under this chapter, it is the...
If any provision of this chapter, or application of any provision to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the...
In the event either the bargaining agent or the corporate authorities files a petition for writ of certiorari to the supreme court of the state of Rhode Island for a review or modification of a...
All contractual provisions contained in a collective bargaining agreement entered into pursuant to this chapter continue in the following collective bargaining agreement unless either the...
This chapter may be cited as the Municipal Police Arbitration Act. ...
(a) The protection of the public health, safety, and welfare demands that full-time police officers of any paid police department in any city or town not be accorded the right to strike or engage...
As used in this chapter, unless the context requires a different interpretation, the following terms have the following meanings: (1) Corporate authorities means the proper officials within...
The police officers in any city or town have the right to bargain collectively with their respective cities or towns and to be represented by an organization in the collective bargaining as to...
The organization selected by the majority of the police officers in any city or town shall be recognized by the city or town as the sole and exclusive bargaining agent for all of the police...
It is the obligation of the city or town, acting through its corporate authorities, to meet and confer in good faith with the designated representative or representatives of the bargaining agent,...
In the event that the bargaining agent and the corporate authorities are unable, within thirty (30) days from and including the date of their first meeting, to reach an agreement on a contract,...
Within five (5) days from the expiration of the thirty (30) day period referred to in § 28-9.2-7, the bargaining agent and the corporate authorities shall each select and name one arbitrator and...
(a) The arbitration board, acting through its chairperson, shall call a hearing to be held within ten (10) days after the date of the appointment of the chairperson, and, acting through its...
The arbitrators shall conduct the hearings and render their decision upon the basis of a prompt, peaceful, and just settlement of wage or hour disputes between the police officers and the city or...
Any agreements actually negotiated between the bargaining agent and the corporate authorities either before or within thirty (30) days after arbitration constitute the collective bargaining...
Whenever wages, rates of pay, or any other matter requiring appropriation of money by any city or town are included as matter of collective bargaining conducted under this chapter, it is the...
If any provision of this chapter, or application of any provision to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the...
The sole avenue of review of a decision of an arbitration panel issued pursuant to this chapter shall be by petition for writ of certiorari to the supreme court. In the event a decision of the...
In the event either the bargaining agent or the corporate authorities files a petition for writ of certiorari to the supreme court of the state of Rhode Island for a review or modification of a...
All contractual provisions contained in a collective bargaining agreement entered into pursuant to this chapter shall continue in the following collective bargaining agreement unless either the...
(a) The certified teachers in the public school system in any city, town, or regional school district have the right to negotiate professionally and to bargain collectively with their respective...
The association or labor organization selected by the certified public school teachers in the public school system in any city, town, or regional school district is recognized by the school...
It is the obligation of the school committee to meet and confer in good faith with the representative or representatives of the negotiating or bargaining agent within ten (10) days after receipt...
The state labor relations board, upon the written petition for an election signed by not less than twenty percent (20%) of the certified public school teachers of the city, town, or regional...
The state labor relations board shall prescribe the method of petitioning for an election, the manner, place, and time of conducting the election, and shall supervise all elections to insure...
(a) No association nor organization shall be certified initially as the representative of certified public school teachers except after an election. (b) Teachers are free to join or to decline to...
(a) In the event that the negotiating or bargaining agent and the school committee are unable, within thirty (30) days from and including the date of their first meeting, to reach an agreement on...
Within seven (7) days after arbitration has been requested as provided in § 28-9.3-9, the negotiating or bargaining agent and the school committee shall each select and name one arbitrator and...
The arbitrators shall call a hearing to be held within ten (10) days after their appointment and give at least seven (7) days notice in writing to the negotiating or bargaining agent and the...
The decision of the arbitrators shall be made public and is binding upon the certified public school teachers and their representative and the school committee on all matters not involving the...
Fees and necessary expenses of arbitration shall be borne equally by the negotiating or bargaining agent and the school committee. ...
Whenever the word arbitrators is used in this chapter, it also means arbitrator where applicable. ...
If any provision of this chapter, or application of any provision to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the...
This chapter may be cited as the Certified School Teachers' Arbitration Act. ...
It is the public policy of this state to accord to municipal employees the right to organize, to be represented, to negotiate, and to bargain on a collective basis with municipal employers,...
(a) Employee organizations means any lawful association, labor organization, federation or council having as a primary purpose the improvement of wages, hours and other conditions of employment...
The municipal employees of any municipal employer in any city, town, or regional school district have the right to negotiate and to bargain collectively with their respective municipal employers...
The employee organization selected by the municipal employees in an appropriate bargaining unit as determined by the state labor relations board shall be recognized by the municipal employer or...
It is the obligation of the municipal employer to meet and confer in good faith with the representative or representatives of the negotiating or bargaining agent within ten (10) days after receipt...
The state labor relations board, upon the written petition for an election signed by not less than twenty percent (20%) of the municipal employees in an appropriate bargaining unit as determined...
The state labor relations board shall prescribe the method of petitioning for an election, the manner, place, and time of conducting the election, and shall supervise all elections to insure...
No employee organization shall be certified initially as the representative of municipal employees in an appropriate bargaining unit except after an election. Municipal employees are free to join...
Whenever salary or other matters requiring appropriation of money by any municipal employer are to be included as a matter of negotiation or collective bargaining conducted under the provisions of...
(a) In the event that the negotiating or bargaining agent and the municipal employer are unable after thirty (30) days from and including the date of their first meeting to reach an agreement on a...
Within seven (7) days after arbitration has been requested as provided in § 28-9.4-10 the negotiating agent and the municipal employer shall each select and name one arbitrator and immediately...
The arbitrators shall call a hearing to be held within ten (10) days after their appointment and give at least seven (7) days notice in writing to the negotiating or bargaining agent and the...
The decision of the arbitrators shall be made public and is binding upon the municipal employees in the appropriate bargaining unit and their representative and the municipal employer on all...
Fees and necessary expenses of arbitration shall be borne equally by the negotiating or bargaining agent and the municipal employer. ...
Whenever the word arbitrators is used in this chapter, it also means arbitrator where applicable. ...
Municipal employees covered by this chapter do not have the right to engage in any strike, work stoppage, or slowdown strike; and any strike, work stoppage, or slowdown strike is illegal. ...
If any provision of this chapter, or application of any provision to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the...
This chapter may be cited as the State Police Arbitration Act. ...
(a) The protection of the public health, safety, and welfare demands that the full-time state police officers of the state of Rhode Island not be accorded the right to strike or engage in any work...
As used in this chapter, unless the context requires a different interpretation: (1) State authorities means the proper officials of the state whose duty or duties it is to establish the...
The state police have the right to bargain collectively with the state of Rhode Island and to be represented by an organization in the collective bargaining as to wages, rates of pay, hours,...
The organization selected by the majority of the state police is recognized by the state as the sole and exclusive bargaining agent for all of the state police unless and until recognition of the...
It is the obligation of the state, acting through state authorities, to meet and confer in good faith with the designated representative or representatives of the bargaining agent, including any...
In the event that the bargaining agent and the state authorities are unable within thirty (30) days from and including the date of their first meeting to reach an agreement on a contract, any and...
Within five (5) days from the expiration of the thirty (30) day period referred to in § 28-9.5-7, the bargaining agent and the state authorities shall each select and name one arbitrator and...
(a) The arbitration board, acting through its chairperson, shall call a hearing to be held within ten (10) days after the date of the appointment of the chairperson, and, acting through its...
The arbitrators shall conduct the hearings and render their decision upon the basis of a prompt, peaceful, and just settlement of wage or hour disputes between the state police and the state. The...
Fees and necessary expenses of arbitration shall be borne equally by the bargaining agent and the state. Notwithstanding any other remedies which a court appointed arbitrator appointed by the...
Any agreements actually negotiated between the bargaining agent and the state authorities either before or within thirty (30) days after arbitration shall constitute the collective bargaining...
Whenever wages, rates of pay, or any other matter requiring appropriation of money by the state are included as a matter of collective bargaining conducted under this chapter, it is the obligation...
The sole avenue of review of a decision of an arbitration panel issued pursuant to this chapter shall be by petition for writ of certiorari to the supreme court. In the event a decision of the...
In the event either the bargaining agent or the state authorities file a petition for writ of certiorari to the supreme court of the state of Rhode Island for a review or modification of a...
If any provision of this chapter, or application of any provision to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the...
The superintendent of the state police shall include proposals for affirmative action provisions as a subject for all collective bargaining negotiations. The proposals include at a minimum, but...
This chapter may be cited as the 911 Employees' Arbitration Act. ...
(a) The protection of the public health, safety, and welfare demands that the full-time 911 employees of the state of Rhode Island not be accorded the right to strike or engage in any work...
As used in this chapter, unless the context requires a different interpretation, the following terms have the following meanings: (1) 911 employees means the full-time supervisors, assistant...
The 911 employees have the right to bargain collectively with the state of Rhode Island and to be represented by an organization in the collective bargaining as to wages, rates of pay, hours,...
The organization selected by the majority of the 911 employees shall be recognized by the state as the sole and exclusive bargaining agent for all of the 911 employees unless and until recognition...
It is the obligation of the state, acting through state authorities, to meet and confer in good faith with the designated representative or representatives of the bargaining agent, including any...
In the event that the bargaining agent and the state authorities are unable within thirty (30) days from and including the date of their first meeting to reach an agreement on a contract, any and...
Within five (5) days from the expiration of the thirty (30) day period referred to in § 28-9.6-7, the bargaining agent and the state authorities shall each select and name one arbitrator and...
(a) The arbitration board, acting through its chairperson, shall call a hearing to be held within ten (10) days after the date of the appointment of the chairperson, and, acting through its...
The arbitrators shall conduct the hearings and render their decision upon the basis of a prompt, peaceful, and just settlement of wage or hour disputes between the 911 employees and the state. The...
Fees and necessary expenses of arbitration shall be borne equally by the bargaining agent and the state. Notwithstanding any other remedies which a court appointed arbitrator appointed by the...
Whenever wages, rates of pay, or any other matter requiring appropriation of money by the state are included as matter of collective bargaining conducted under this chapter, it is the obligation...
The sole avenue of review of a decision of an arbitration panel issued pursuant to this chapter shall be by petition for writ of certiorari to the supreme court. In the event a decision of the...
In the event either the bargaining agent or the state authorities files a petition for writ of certiorari to the supreme court of the state of Rhode Island for a review or modification of a...
If any provision of this chapter, or application of any provision to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the...
It is the duty of the director of labor and training to do all in his or her power to promote the voluntary mediation and conciliation of controversies and disputes between employers and...
(a) No court of this state has jurisdiction to issue a temporary or permanent injunction in any case involving a labor dispute, except after hearing the testimony of witnesses in open court, with...
(a) The term labor dispute includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining,...
No relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, and who has failed to make every...
In all cases arising under this chapter in which a person is charged with contempt in a court of this state, the accused shall enjoy the right to a speedy and public trial by an impartial jury;...
Whenever used in §§ 28-10-7 and 28-10-8, the word person means any individual, firm, association, corporation, or law enforcement agency, provided, that the word is not construed to include any...
It is unlawful for any person to use or to cause to be used during the progress of labor strikes or lockouts of any type, any tear gas, brombenzylcyanide, or any other gas which would affect the...
(a) Any person violating § 28-10-7 shall be liable for and required to pay a civil penalty in the amount of five hundred dollars ($ 500) for each and every offense. The civil penalty may be...
If an employer during the continuance of a strike, lockout, or other labor trouble among his employees publicly advertises in newspapers or by posters or otherwise for employees, or by himself or...
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(a) It is unlawful for any person, partnership, firm, or corporation, or officer or agent of any of these, involved in a labor strike or lockout knowingly to employ in place of an employee...
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It is unlawful for any person, partnership, agency, firm, or corporation, or officer or agent of any of these, to recruit, solicit, or advertise for employees, or refer persons to employment, in...
(a) Recognizing that police and fire services provided by a municipality during a labor dispute are public functions, and recognizing further the need to secure the rights and safety of all...
Any person, partnership, agency, firm, or corporation violating § 28-10-11, 28-10-13, or 28-10-13.1 is guilty of a misdemeanor and upon conviction, shall be sentenced to pay a fine of not more...
Except as otherwise provided by law, labor performed in any manufacturing establishment, and all mechanical labor, during the period of ten (10) hours in any one day, shall be considered a legal...
A day's work for all conductors and operators now employed, or who may hereafter be employed, in the operation of all street railways of any motive power in this state shall not exceed ten (10)...
The true intent and purpose of §§ 28-11-2 -- 28-11-4 is to limit the usual hours of labor of the conductor and operator employees of street railway corporations, in the absence of agreement as to...
Any street railway corporation violating §§ 28-11-2 and 28-11-3 shall be fined not less than one hundred dollars ($ 100) nor more than five hundred dollars ($ 500), one-half (1 2) of this amount...
(a) The public interest requires that persons engaged in all lawful types of employment be encouraged to serve as elected members of part-time elected bodies. To facilitate this encouragement, it...
(a) It is unlawful for any employer of a part-time elected official of an elected body to: (1) Fire or threaten to fire the employee based upon his or her activities or decisions as a part-time...
This chapter does not apply to any city or town where the holding of public office would violate state or federal law or would violate the charter of the city or town. ...
This chapter shall be known as and may be cited as the Rhode Island Minimum Wage Act. ...
As used in this chapter: (1) Advisory board means a board created as provided in § 28-12-6; (2) Commissioner means the minimum wage commissioner appointed by the director of labor and...
Every employer shall pay to each of his or her employees, commencing July 1, 1999, at least the minimum wage of five dollars and sixty five cents ($ 5.65) per hour. Commencing September 1, 2000,...
Every minor fourteen (14) and fifteen (15) years of age shall be paid at a rate of not less than seventy-five percent (75%) of the minimum wages as specified in § 28-12-3; provided, every minor...
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(a) Except as otherwise provided in § 28-12-4.3, no employer shall employ any employee for a workweek longer than forty (40) hours unless the employee is compensated at a rate of one and one-half...
Except as otherwise provided in § 28-12-4.3, no employer shall employ any employee on a bi-weekly basis with hours worked and hourly wages averaged over that period for longer than forty (40)...
(a) Sections 28-12-4.1 and 28-12-4.2 do not apply to the following employees: (1) Any employee of a summer camp when it is open no more than six (6) months of the year. (2) Police officers,...
(a) Every employer shall pay to each of his or her employees who are engaged in any work or employment in which gratuities have customarily and usually constituted a part of his or her weekly...
For any occupation for which no wage order issued pursuant to chapter 289 of the general laws of 1938, as amended, was in effect on May 2, 1956, the director of labor and training, after...
The director of labor and training may, from time to time, propose modifications of or additions to any administrative regulations issued pursuant to § 28-12-6, or existing on May 2, 1956, in any...
(a) Any interested person in any occupation for which any wage order or any administrative regulation has been issued under this chapter who may be aggrieved by any order or regulation may obtain...
Individuals whose earning capacity is impaired by physical or mental disability may be employed in any occupation at wages lower than the wage rates applicable under this chapter. The director of...
Notwithstanding any order or regulation previously issued under chapter 289 of the general laws of 1938, as amended, learners and apprentices may be employed in an occupation at wages lower than...
Every employer subject to any provision of this chapter or of any regulation or order issued under this chapter shall make and keep for a period of not less than three (3) years in or about the...
The provisions of this chapter shall be carried out by the division of labor standards and it is the duty of the division of labor standards to administer the provisions of this chapter, to...
The director or the commissioner or any authorized representative of either has the authority to: (1) Investigate and ascertain the wages of persons employed in any occupation in this state....
Any employer who hinders or delays the director of labor and training or his or her authorized representative in the performance of his or her duties in the enforcement of this chapter, or refuses...
Any employer who discharges or in any other manner discriminates against any employee because the employee has made any complaint to his or her employer, to the director of labor and training, or...
Any employer who pays or agrees to pay wages at a rate less than the rate applicable under this chapter is deemed in violation of this chapter and shall, upon conviction, be fined not less than...
Any employer who pays any employee less than the applicable wage rate to which the employee is entitled under or by virtue of this chapter is liable to the employee affected for the full amount of...
At the written request of an employee paid less than the wage to which he or she is entitled under or by virtue of this chapter, the director of labor and training or the commissioner of minimum...
Any standards relating to minimum wages, maximum hours, overtime compensation, or other working conditions in effect under any other law of this state, which are more favorable to employees than...
Nothing in this chapter shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own...
The general assembly shall annually appropriate a sum that it deems necessary to provide for an appropriate staff for office and other necessary expenses for the administration and enforcement of...
If any provision of this chapter, or the application of any provision to any person or circumstances, is held invalid, the remainder of the chapter and the application of this chapter to other...
The occupier or manager of every textile factory shall post in every room where any employees work by the job, in legible writing or printing, and in sufficient numbers to be easily accessible to...
Whenever used in this chapter: (1) Director means the director of the department of labor and training or his or her authorized representative. (2) Employee means any person permitted to...
Every employer shall establish a regular payday on which wages shall be paid in full in lawful money of the United States, or checks on banks convertible into cash on demand at full face value of...
On every regular payday, every employer shall furnish to any employee the following: (1) A statement of the hours worked by that employee during the applicable pay period; provided, that the...
Except as provided in §§ 28-14-4 and 28-14-5, every employee other than employees of the state and its political subdivisions and of religious, literary, or charitable corporations shall be paid...
Whenever a majority of the members of the certified collective bargaining unit in any place of employment shall request, in writing, from their employer that their union dues be deducted from...
(a) Subject to any provisions of the general laws or the public laws to the contrary, whenever any employer provides for a payroll deduction for any purpose, the employer shall transfer those...
(a) Whenever an employer separates an employee from the payroll, the unpaid wages or compensation of the employee becomes due on the next regular payday and payable at the usual place of payment....
In the event of the suspension of work as the result of an industrial dispute, the wages and compensation earned and unpaid at the time of the suspension, without abatement or reduction, shall...
(a) Any employer, including the state or a municipal corporation, may at any time after thirty (30) days from the death of an employee pay all wages or personal earnings due to the deceased...
In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this state, including receivership, assignment for benefit of creditors, adjudicated...
...
In case of a dispute over wages, the employer shall give written notice to the employee of the amount of wages which he or she concedes to be due and shall pay that amount without condition within...
Nothing contained in this chapter shall in any way limit or prohibit the payment of wages or compensation at more frequent intervals, or in greater amounts or in full when or before due, but no...
None of the sections of this chapter shall be applicable to, control, or prohibit the deduction from wages of an employee by an employer in accordance with the terms of a collective bargaining...
(a) Notwithstanding any other provision of law, upon written request an employee of a state agency or any other employer may authorize a disbursing officer to make payment by sending to a...
(a) Notwithstanding any other provision of law, upon the written authorization of an employee of any state agency, the disbursing officer shall deduct from the employee's wages and forward to the...
Nothing in this chapter shall be construed to require any employer to pay to an employee any wages or money which the employer lawfully holds as garnishee under a writ of attachment issued by any...
Every employer shall keep a true and accurate record of hours worked and wages paid each pay period to each employee in a form that may be prescribed by the director. The employer shall keep the...
The director and his or her authorized representatives have the right to enter any place of employment for the purpose of inspecting the employment records required by § 28-14-12 and assessing...
Any effort of any employer to obstruct the director and his or her authorized representatives in the performance of their duties shall be deemed a violation of this chapter and punishable...
In case of failure of any person to comply with any subpoena lawfully issued, or subpoena duces tecum, or on the refusal of any witness to testify to any matter regarding which he or she may be...
Any employer who violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($...
An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because:...
(a) A person who alleges a violation of this chapter may bring a civil action for appropriate injunctive relief or actual damages or both within one year after the occurrence of the alleged...
A court, in rendering a judgment in an action brought under this chapter, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full...
This chapter shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement. ...
The protections set forth in § 28-14-18 and the relief and damages for violations set forth in §§ 28-14-18.1 and 28-14-18.2 shall also apply to chapters 3, 6, 12, and 18 of this title and to...
(a) It is the duty of the director to insure compliance with this chapter, to investigate any violations of this chapter, to institute or cause to be instituted actions for the collection of wages...
The labor relations board shall not accept for collection the unpaid wage claim of any nonresident of this state unless the state of which that nonresident is a citizen accepts for collection the...
It shall be mandatory upon the attorney general of this state to prosecute all cases, both civil and criminal, which are referred by the director to the attorney general. It is the duty of the...
The director has the power and authority to take assignments of wage claims and rights of action for penalties as provided by §§ 28-14-17 and 28-14-18 without being bound by any of the technical...
(a) In any action for unpaid wages brought under this chapter, the employer-debtor shall not deduct as a setoff or counterclaim: (1) Any money allegedly due the employer as compensation for...
In all actions brought by the director as assignee under § 28-14-23, no court costs of any nature shall be required to be advanced nor shall any bond or other security for costs be required from...
Whenever the director requires the sheriff or deputy sheriff whose duty it is to seize property or levy on the property in any attachment proceedings to satisfy any wage claim judgment to perform...
Any garnishee defendant is required to appear and make answer in any action, as required by law, without having paid to him or her in advance garnishee's fees, but garnishee's fees shall be...
Out of any recovery on a judgment in a suit there shall be paid: (1) First, the garnishee's and witness fees; (2) Second, the wage claims involved; (3) Third, the sheriff's or deputy...
If any provisions of this chapter, or the application of any provision to any person or circumstance, is held invalid, the remainder of the chapter and the application of the provision to other...
Whenever an employee who has worked for an employer for more than one year is separated from work by a layoff , the employer shall offer to pay to the employee the same wages earned at the time...
No assignment of future earnings or wages shall be valid: (1) For a period exceeding one year from the date of the assignment; nor (2) Unless made to secure a debt contracted prior to or...
The standard form of assignment required by this chapter is as follows: Know All Men and Women by These Presents; That I, of in...
No assignment of future earnings or wages is valid unless a copy of the assignment is delivered to the assignor at the date of the execution of the assignment. ...
No assignment of future earnings or wages is valid, except as between the parties to the assignment, unless the assignment is recorded within five (5) days after it is signed by the assignor in a...
No assignment of future earnings or wages is in any way binding upon the employer of the assignor until a copy of the assignment and account has been delivered to the employer. The account shall...
An assignment of future earnings or wages made in accordance with all of the provisions of this chapter shall bind all wages earned by the assignor within the period named in the assignment. ...
All assignments of wages made in accordance with chapter 25 of title 19 for the purpose of securing any loan made in accordance with the provisions of chapter 25 of title 19, are exempt from...
None of the sections of this chapter shall be applicable to, control, or prohibit the deduction from wages of an employee by an employer in accordance with the terms of a collective bargaining...
The Rhode Island state department of labor and training is empowered to assist and cooperate with the administrator of the wage and hour and public contracts division and the director of the...
The department of labor and training is authorized to enter into agreements with the wage and hour and public contracts divisions and or the bureau of labor standards of the United States...
The general treasurer receives and provides for the proper custody of all funds paid to the state from the federal treasury under the Fair Labor Standards Act,
(a) The term employees' trust as used in this chapter means any trust created by an employer for the maintenance and regulation of an apprentice training program, and any trust created as part...
The income arising from any personal property held in any employees' trust as defined in § 28-17-1 may be permitted to accumulate in accordance with the terms of the trust and the plan to which...
The intangible personal property held in any employees' trust as defined in § 28-17-1 shall be exempt from all sales and use taxes and all other state and local taxation so long as it is held in...
The interest of any person in any employees' trust as defined in § 28-17-1 and any pension derivable from the trust is not subject to trustee process or liable to attachment on any writ, original,...
The employment of workers in industry in the state of Rhode Island under conditions resulting in wages unreasonably low and conditions injurious to their health and general welfare is a matter of...
The following terms as used in this chapter have the following meanings: (1) Director means the director of labor and training. (2) Employer means any person who either directly or...
The distribution of industrial homework as defined in § 28-18-2(4) is prohibited except where licenses and certificates have been obtained from the director of labor and training. The director of...
(a) A fee of three hundred dollars ($ 300) shall be paid to the director of labor and training on behalf of the state of Rhode Island for the original issuance of an employer's license. (b) For...
No person in any industry where experience has proven that homework in the industry is not susceptible of effective regulations shall deliver, distribute, supply, or furnish any materials to be...
No person may perform any process on goods or material owned by another unless the person has been issued a permit by the director of labor and training. ...
No contract shop may be operated in any home as defined in § 28-18-2(3). ...
An annual fee of one hundred twenty dollars ($ 120) shall be paid to the director of labor and training for a contractor's permit. The proceeds derived under this chapter shall be deposited as...
The director of labor and training shall issue rules and regulations designed to control and regulate industrial homework where it is permitted, and to carry out the provisions of this chapter. ...
The director of labor and training or his or her authorized representative may remove any material or article which is being processed in a home in violation of any provision of this chapter and...
In the administration of this chapter the director or his or her authorized representative has the power to administer oaths, take affidavits and the depositions of witnesses, and issue subpoenas...
No employer shall deliver or cause to be delivered or received any articles for, or as a result of homework processing, unless he or she keeps in the form and forwards to the director of labor and...
No child under sixteen (16) years of age shall be employed gainfully or otherwise in industrial homework. No industrial homework shall be processed except by a person to whom a certificate has...
No person shall do industrial homework unless his or her name is on a homeworker's certificate issued by the director of labor and training and permitting industrial homework to be done by him or...
Any cost of obtaining or returning material for industrial homework or the completed product shall be borne by the employer. ...
No employer may deliver or cause to be delivered any materials or articles to be manufactured by any homeworker unless there has been conspicuously affixed to each article or the container of any...
Any person who violates any provisions of this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($ 100) nor more than three...
This chapter does not apply to any corporation organized for a purpose authorized by § 7-6-4 or to any individual or organization engaged in providing work of a philanthropic, educational, or...
If any provision of this chapter, or the application of any provision to any person or circumstance, is held invalid, the remainder of the chapter, and the application of the provision to other...
The state of Rhode Island, through the department of labor and training, has striven to remove all unsafe and unhealthy conditions from the work place. To achieve this goal, agencies of the state...
The code commission for occupational safety and health established pursuant to § 28-20-22 shall determine at public hearing those industries or portions of industries which by experience, as...
(a) (1) Those persons operating industries or portions of industries subject to registration under the provisions of this chapter shall, on an annual basis, submit a registration application form...
Those persons operating industries or portions of industries subject to registration under this chapter shall, on an annual basis, pay to the department an annual registration fee of fifty dollars...
Whenever it is deemed necessary, the director authorizes inspections to be conducted in accordance with chapter 20 of this title of facilities subject to registration. The department shall report...
Upon receipt of a notice of potential violation from the department, the department of health, building code commission, or state fire marshal shall inspect the facility and report to the...
In the administration of this chapter, the director or his or her authorized representative may exercise the power given to him or her under § 28-20-12. ...
Those persons aggrieved by a decision of the director or the code commission for occupational safety and health may appeal that decision to the occupational safety review board established...
Any person who is aggrieved by a decision of the occupational safety review board may appeal from the decision pursuant to chapter 35 of title 42. ...
The director may revoke or suspend the registration of any person for a violation of this chapter or those chapters enumerated in § 28-19-3. No registration shall be suspended or revoked unless...
In addition to any penalty assessed for failure to comply with those chapters enumerated in § 28-19-3, penalties for violations of this chapter are assessed as a civil penalty of not more than one...
If provisions of this chapter or the application of any of them to any person or circumstance are held invalid, the remaining provisions of this chapter and the application of the provisions to...
When used in this chapter: (1) Amendment means any modification or change in a code intended to be of universal or general application; (2) Code means a standard body of rules for safety...
(a) The department of labor and training shall be responsible for the administration and enforcement of all laws, codes, rules, and regulations pertaining to occupational safety and health as...
The department of labor and training is directed to develop an informational brochure relating to the use of video display terminals in the work place. In addition to the brochure, the department...
The director shall issue an annual report to the governor and to the general assembly no later than January 10 in each year. He or she shall also submit reports to the United States secretary of...
(a) The director shall appoint the chief of the division of occupational safety. The appointee shall also coordinate and administer this chapter and chapter 19 of this title and of chapter 1.1 of...
The division of occupational safety of the department of labor and training shall adopt the latest regulations of the federal occupational safety and health administration (OSHA) as they pertain...
Compliance inspectors shall devote their entire scheduled work time and attention to the duties of their respective offices. The chief of the division of occupational safety shall assign...
The general assembly shall annually appropriate the sums that are necessary to carry out the provisions of this chapter. The state controller is authorized and directed to draw his or her orders...
This chapter applies to every employer now or hereafter doing business in this state and all applicants for industrial registration as provided in chapter 19 of this title. Each employer or...
(a) Each employer shall furnish to each of his or her employees employment and a place of employment which are free from recognized safety and health hazards that are causing or are likely to...
Every employee shall comply with occupational safety and health codes, rules, regulations, and orders issued under the provisions of this chapter which are applicable to his or her actions and...
It shall be the responsibility of the head of each state agency and of each agency in the political subdivisions of the state to establish and maintain an effective and comprehensive occupational...
(a) The director, upon presenting appropriate credentials to the owner, operator, representative, or agent in charge, is authorized: (1) To enter without delay and at reasonable times any...
(a) Any employee or representative of employees who believes that a violation of a safety or health code exists that threatens physical harm, or that an imminent danger exists, may request an...
(a) The superior court shall have jurisdiction, upon petition of the attorney general, to restrain any conditions or practices in any place of employment which are such that a danger exists which...
It is the duty of the director to enforce this chapter and upon request of the director the attorney general shall prosecute all violations of it. ...
(a) If upon inspection or investigation the director believes that an employer has violated a requirement of § 28-20-8, or of any code, rule, or order promulgated pursuant to § 28-20-24, or of any...
(a) Any employer who willfully or repeatedly violates the requirements of § 28-20-8, any code, rule, or order promulgated pursuant to § 28-20-24, or regulations prescribed pursuant to this...
(a) The occupational safety and health review board is hereby established. (b) The review board shall be composed of three (3) members appointed by the governor, one of whom shall be a qualified...
Any employer, employee, the director, or other individual who is aggrieved by any order of the review board may appeal from the order pursuant to the provisions of chapter 35 of title 42. ...
There is created within the department of labor and training a code commission for occupational safety and health, consisting of five (5) members, of whom two (2) represent industry, two (2)...
Members of the commission receive no salary, but shall receive compensation not exceeding twenty-five dollars ($ 25.00) for each day spent in the discharge of their official duties, with a maximum...
In addition to other powers and duties that may be conferred upon it by law, the commission shall have the power and duty to make, amend, and repeal codes for the elimination of safety or health...
No code may be adopted, amended, or repealed except pursuant to the provisions contained in chapter 35 of title 42. ...
All codes and all amendments to codes and repeals of codes shall take effect twenty (20) days after certified copies are filed in the office of the secretary of state. ...
(a) Every code adopted and every amendment or repeal of a code shall be compiled as prescribed in § 42-35-5 and published in the manner and quantity required for reference and enforcement. A...
(a) (1) Any employer may apply to the director for a temporary order granting a variance from a code or any provision of it promulgated under this chapter. (2) The temporary order shall be...
Any employer, employee, or other individual who may be adversely affected by any code adopted under this chapter, or any amendment of this code, may, within thirty (30) days after its...
In any proceedings under § 28-20-30, the court shall order notice to be given to the commission and to the director in a manner that it shall determine. Any proceeding under § 28-20-30 and the...
All information reported to or otherwise obtained by the director in connection with any inspection or proceeding under this chapter which contains or which might reveal a trade secret referred to...
Nothing in this chapter shall be construed to repeal or to limit or restrict in any way present state laws, regulations, or orders governing the safety or health of employees in any place of...
If any provision of this chapter or the application of the provision to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to persons or...
An employer who uses, transports, stores, or otherwise exposes its employees to toxic or hazardous substances shall obtain, maintain, and make available in each workplace a list of all hazardous...
For the purpose of this chapter, the terms defined in this section have the following meanings. Where terms are not defined, the ordinarily accepted meanings within the proper context apply:...
(a) (1) Each employer shall obtain and maintain chemical identification lists containing the following information with regard to the chemical substances: (i) The common and trade names of...
The chemical and common names of all designated substances introduced into the workplace subsequent to the original listing shall be appended to the chemical identification lists prior to...
(a) An employer shall provide to the person responsible for the administration and direction of a fire department in a fire district or municipality, including a fire chief or fire administrator,...
If any employer or any of its officers or employees fails to comply with any of the provisions of this chapter by knowingly and intentionally misrepresenting, falsifying, concealing, destroying,...
The following rights are guaranteed to employees: (1) Refusing to work. If an employee has requested from his or her employer information about a designated substance or mixture,...
(a) Each employer shall provide an employee training and education program prior to an employee's initial assignment designed to inform employee(s) about the designated substances to which they...
(a) A manufacturer or employer may withhold the precise chemical name of a chemical if: (1) The manufacturer or employer can substantiate to the department of labor and training that it is a...
(a) This chapter does not apply to any designated substance that is a food, drug, cosmetic, or tobacco product if the substance is intended for personal consumption by employees while in the...
Any physician who is treating an employee and who believes that the employee has a health problem which may be the result of occupational exposure to a designated substance or substances has all...
(a) The responsibility for enforcement of this chapter shall be that of the department of labor and training. In addition to its other obligations, the department shall establish and maintain the...
The director of labor and training is authorized to provide assistance to employers, employee organizations, and employees in the development and conduct of training programs for employees and...
Nothing contained in this chapter shall in any way be construed to be a substitution for any right of action belonging to any person who may suffer injuries because of any hazardous substance. ...
(a) The director of labor and training shall determine which employers are subject to this chapter and shall assess and collect an annual assessment of forty two dollars ($ 42.00) which shall be...
In addition to and not in lieu of the remedies available to employees under § 28-21-8(4), any employer who willfully and intentionally violates the requirements of this chapter is subject to a...
(a) Container as used in this chapter means any receptacle or formed flexible covering, including, but not limited to, bags, barrels, boxes, cans, cylinders, drums, cartons, vessels, vats, and...
Any requirements contained in this chapter to obtain or modify any information is subject to § 28-21-1. ...
If any provisions or part of this chapter, or application of them to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the...
(a) There is created a permanent commission on hazardous substances in the workplace whose purpose it is to oversee and study the implementation of this chapter and to advise the general assembly...
Within the department of labor and training there is a division of professional regulation, in accordance with chapter 4 of title 36. The division acts as the administrative agent for the...
All proceeds of any fees collected pursuant to chapter 6 of title 5 entitled Electricians, chapter 26 of this title entitled Hoisting Engineers, chapter 27 of this title entitled Pipefitters...
(a) Any person who has violated any provisions of chapter 6 of title 5 entitled Electricians, chapter 26 of title 28 entitled Hoisting Engineers, chapter 27 of title 28 entitled Pipefitters...
...
...
In this chapter, unless the context requires otherwise: (1) Authorized inspector means an inspector of boilers and or pressure vessels employed by the state of Rhode Island or an insurance...
[Repealed] ...
The director shall appoint a chief inspector who is a citizen of this state to coordinate, administer, and implement the provisions of this chapter. This existing position is responsible to and...
The administrator, through the chief inspector of the division of occupational safety, may issue a commission to act as an authorized inspector to any person employed by the division of...
The administrator or an authorized inspector shall make the required inspection of each boiler or pressure vessel in accordance with the rules and regulations approved by the administrator. ...
The owner of any boiler or pressure vessel, whether or not subject to inspection under this chapter, shall allow the inspector free access to it at all reasonable times. The owner of any boiler or...
The code commission for occupational safety and health formulates and or adopts a code of rules and regulations for the construction, installation, inspection, maintenance, repair, alteration, and...
Whenever the division has inspected any boiler or pressure vessel and has found it safe for operation, or whenever any repairs required by the division to be made in any boiler or pressure vessel...
For every inspection made by the division under this chapter, the owner shall pay to the administrator of the division the required fee which shall be paid upon the conclusion of the inspection...
When any authorized inspector inspects a boiler or pressure vessel for an insurance company, he or she, within a period of twenty-one (21) days, shall make a report of that inspection on forms...
In case any owner of any boiler or pressure vessel is dissatisfied with the decision of the division in any matter, he or she may, within two (2) days after the decision, demand in writing an...
The superior court has jurisdiction to enforce compliance with this chapter upon petition being filed by the administrator of the division of occupational safety and notice being given to the...
(a) This chapter does not apply to the following boilers and pressure vessels: (1) Boilers and pressure vessels under federal control. (2) Boilers on motor vehicles, self-propelled boilers,...
(a) Manufacturers of unfired pressure vessels in this state shall obtain the services of an authorized inspection agency for shop inspections of unfired pressure vessels being manufactured by...
The administrator of the division of occupational safety shall make a report to the general assembly in January, biennially, in the even years, setting forth the number of boilers inspected by the...
(a) No city or town has the power to make any ordinance, bylaw, or resolution concerning, or to provide for the inspection, or to license the erection or installation of, any boiler or pressure...
If any provisions or part of this chapter, or application of them to any person or circumstances, is held unconstitutional or invalid, the remaining provisions of this chapter, and the application...
The director of the department of labor and training, the administrator of the division of occupational safety, the chief boiler & pressure vessel inspector and his or her authorized...
(a) The director of labor and training shall appoint a resident of this state who has had fifteen (15) years practical experience with a full license as a hoisting engineer, who, together with the...
The board shall have a policy-making role in the preparation and composition of the examinations to be administered by the division. Subsequent to the administration of the examinations, the board...
The present board of examiners constitutes a section within the department of labor and training to be known as hoisting engineers' licensing section. The chairperson of the board is chief of...
The chief of the section shall appoint one secretary for the hoisting engineers licensing section who is in the unclassified service. ...
The division of professional regulation shall make suitable rules and regulations for examining and licensing of hoisting engineers, subject to the approval of the director. ...
(a) (1) No person shall operate or be in direct charge of hoisting or excavation equipment which uses steam, internal combustion engines, electric, or compressed air of five (5) horsepower or more...
(a) Each person who desires to act as a steam, internal combustion engine, electric, or compressed air hoisting engineer shall make an application to the division for a license upon a form...
The examinations shall be conducted in the manner and under rules and regulations issued by the division. Initial licenses are subject to a field examination, if deemed necessary by the division...
Licenses expire annually or biannually on a fixed date or on the licensee's birthday, as the board may provide in rules and regulations. Upon application, the person to whom a license is issued...
Each applicant for an examination for a license as an engineer shall pay to the division at the time of application a fee of thirty six dollars ($ 36.00), and for each license or renewal of a...
The chief of the section shall act as an investigator with respect to the enforcement of all provisions of law relative to the licensing of hoisting engineers and to this effect whenever a...
The division of professional regulation, by and through its hoisting engineer investigators, has the right and authority to enter, during times at which hoisting excavating work is actually being...
While acting as an investigator under this chapter the chief of the section shall be paid at a rate to be determined by the director of labor and training. ...
(a) This chapter does not apply to engineers under the jurisdiction of the United States, or engineers or operators employed by public utilities, and does not apply to agriculturists, fishers, and...
For the purpose of carrying this chapter into effect, the sum of five thousand dollars ($ 5,000) is annually appropriated out of any money in the treasury not otherwise appropriated to be expended...
Any person aggrieved by any decision or ruling of the division may appeal to the administrator of the division or his or her designee. A further appeal may then be made to the appropriate board of...
There shall be in the department of labor and training, a mechanical board, responsible for the licensing and regulating of masters, journeypersons, and apprentices in the pipefitting, air...
(a) The division of professional regulation, department of labor and training, has the authority, by its chief administrator or designates, upon proper identification and in the performance of his...
The mechanical board shall assist the division of professional regulation of the department of labor and training to establish and from time to time update a preliminary criteria guide for the...
(a) The division of professional regulation with the assistance of the board shall promulgate rules and regulations for the examining and licensing of masters, journeypersons, and apprentices of...
Each member of the board, except state employees, shall receive compensation in the amount of twenty-five dollars ($ 25.00) for each day of actual service in attending meetings of the board where...
(a) Master pipefitting contractor means a person having a regular place of business and who, by him or herself, or a journeyperson pipefitter in his or her employ, performs pipefitting work...
Journeyperson refrigeration technician means any person who has completed a five (5) year apprentice program and or has passed a refrigeration technician examination and who by him or herself...
(a) Journeyperson pipefitter means any person who has completed a five (5) year apprentice program and or has passed a journeyperson examination and who by himself or herself does work on...
(a) Pipefitter apprentice means any person at least eighteen (18) years of age who is learning or working at the business of pipefitting under the direct supervision of a master pipefitter or...
(a) Master mechanical contractor means any person who has worked as a contractor and has been associated in both trades of pipefitting and refrigeration for at least ten (10) years as a Rhode...
(a) No person shall engage in this state in the business of the mechanical trades as a master or as an employer of the mechanical trades, or enter into contracts or agreements for the...
(a) No person shall engage to work as a pipefitter, refrigeration air conditioning, or sprinkler fitter journeyperson or apprentice, or journeyperson sheet metal worker or apprentice, or advertise...
(a) Any person who has qualified previously for the electrician's F certificate and the P.J.F. II limited to oil individually, and presently holds both licenses, may convert to the single P.J.F....
A P.J.F. limited oil burner serviceperson's license shall be granted to any person who has passed an examination before the division. It shall specify the name of the person, who is then...
(a) No corporation, firm, association or partnership shall engage in business, advertise, make application for and take out permits, bid for work, or represent itself as a mechanical contractor,...
An owner of a single family domestic dwelling who intends to occupy the premises himself or herself may, after approval by local municipal and or state authorities and upon receipt of a permit,...
(a) There is created a class of license which shall be known, respectively, as a pipefitter, refrigeration-air conditioning, sheet metal, or fire protection sprinkler systems contractor master....
The board shall act in an advisory capacity to the division of professional regulation in: (1) Preparing forms for application for examination for licenses. (2) Preparing subject matter,...
The director of the department of labor and training of the state of Rhode Island shall: (1) Prepare license certificates and issue the same in conformity with this chapter; (2) Maintain an...
Any applicant for a license as pipefitter or refrigeration air conditioning or fire protection sprinkler contractor or sheet metal contractor or journeyperson sheet metal worker or sprinkler...
(a) (1) After enactment of this chapter and at any time prior to the expiration of twelve (12) months following enactment of this section [July 7, 2000], the authority shall, without examination,...
(a) No application for a license of a pipefitter or refrigeration air conditioning or fire protection sprinkler contractor or sheet metal contractor or sprinkler fitter master will be filed by the...
(a) No application for a journeyperson's test shall be filed by the department nor is any applicant permitted to take the examination for a license as a journeyperson unless: (1) The test...
...
The department shall provide and conduct examinations three (3) times each year of applicants who have had their application for a pipefitter or refrigeration air conditioning or fire protection...
The director of labor and training shall allow or deny applications for master or contractors' or journeyperson's license upon the recommendation of the division as soon after the examination as...
Any applicant who has failed an examination is permitted to take subsequent examinations at any of the three (3) examinations scheduled during the year as set forth in § 28-27-14. Every retest...
(a) All licenses issued to the pipefitters refrigeration technicians and fire protection sprinkler contractor sprinkler fitters and sheet metal contractor or journeyperson sheet metal worker...
Any licensed master, contractor journeyperson, or apprentice who does not renew his or her license on or before his or her birthdate shall be required to pay a twelve dollar ($ 12.00) per month...
Any pipefitter, refrigeration, sprinkler fitter or sheet metal worker license expiring while the holder of the license is in the military, naval, or air service of the United States will be...
(a) Any person who has agreed to work under the supervision of a licensed pipefitter, refrigeration air conditioning, sprinkler fitter or sheet metal master under a state sanctioned apprenticeship...
In every place in this state within and from which a pipefitter or refrigeration air conditioning or fire protection sprinkler systems or air distribution business is conducted as specified for a...
Nothing in this chapter prohibits any city or town from providing for a pipefitter or refrigeration air conditioning or fire protection sprinkler systems or air distribution systems inspection or...
The director of labor and training shall revoke or suspend the license or impose a fine on any pipefitter or refrigeration air conditioning or fire protection sprinkler contractor sprinkler fitter...
(a) No proceedings to revoke a license as provided in this section shall be instituted unless filed with the department of labor and training within one year after the date or dates of...
The department has the power to subpoena and bring before it or the board of examiners any witnesses to the testimony either orally or by deposition, or both, with the same fees and mileage and in...
The director and his or her designees have the power to administer oaths to witnesses at a hearing which the department has authorized by law to conduct and any other oaths authorized or...
(a) The board, upon the completion of any hearing held on a verified complaint, shall present to the director of labor and training a written report of its findings and recommendations. The...
In case of failure of any person to comply with any subpoena lawfully issued or subpoena duces tecum, or on the refusal of any witness to testify to any matter regarding which he or she may be...
The superior court of the county where the licensee and or violator charged with a violation resided has the power to review the entire proceedings of any hearing had before the director and to...
...
(a) It is the duty of the director of the department of labor and training and of state and local inspection authorities to enforce this chapter. Local building and related inspectors, who are...
...
(a) A license is required for the installation, repair, replacement, servicing, maintenance, and alteration of: (1) Any devices or accessories for what is normally considered heating cooling...
(a) This chapter does not apply to persons classified as maintenance personnel regularly in the employ of a public utility company doing utility company work, hospitals, schools, city, town or...
Violations of this chapter may be enjoined upon bill of complaint being filed in the superior court for the county in which those violations have been committed by the department of labor and...
If any provisions or part of a provision of this chapter, or application of it to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this...
...
The department of labor and training shall not grant, deny, suspend, or revoke the license of any person on the grounds of race, color, religious creed, sex, age, national origin, disability, or...
(a) Division means the division of professional regulation within the department of labor and training as established by § 28-22-1, where all bureaus, boards, and commissions will serve and act...
...
Chapters 29 -- 38 of this title may be cited as the Workers' Compensation Act. ...
Wherever in the general or public laws there appears the word workmen's in relation to workmen's compensation, it shall be substituted with the word workers'. ...
(a) (1) WHEREAS, the system of workers' compensation in the state of Rhode Island is presently in a state of crisis; and (2) WHEREAS, the stability and fiscal health of the overall workers'...
The provisions of chapters 29 -- 38 of this title shall apply to any and all employees, as defined in § 28-29-2(4), who are injured or hired in the state of Rhode Island. ...
In chapters 29 -- 38 of this title, unless the context otherwise requires: (1) Department means the department of labor and training. (2) Director means the director of labor and...
In an action to recover damages for personal injury sustained by an employee arising out of and in the course of his or her employment, connected with and referable to employment, or for death...
Section 28-29-3 does not apply to actions to recover damages for personal injuries or for death resulting from personal injuries sustained by an employee of an employer who is subject to or has...
Chapters 29 -- 38 of this title do not apply to employers of employees engaged in domestic service or subject to § 28-29-7.2 or agriculture, except for employers engaged in occupations which the...
Every person, firm, and private corporation, including any public service corporation, including the state, that employs employees regularly in the same business or in or about the same...
(a) Whenever a general contractor or a construction manager enters into a contract with a subcontractor for work to be performed in Rhode Island, the general contractor or construction manager...
All employers doing business in the state of Rhode Island shall disclose to all prospective employees at the time of application for employment either that the employer is subject to chapters 29...
Domestic servants, farmers, farm laborers, except as defined in § 28-29-7.2, are not subject to chapters 29 -- 38 of this title. ...
A licensed real estate broker or real estate salesperson or a licensed or certified real estate appraiser is not considered an employee under this chapter if substantially all of the remuneration...
Farmers, nurseryworkers, arborists, or farm laborers are not subject to chapters 29 -- 38 of this title unless the farmers or agricultural employers employ twenty-five (25) or more farm laborers...
(a) Employers exempted by § 28-29-7 may come within chapters 29 -- 38 of this title by election. The election on the part of the employer is made by filing with the director a written statement to...
Every employer, subject to or who elects to become subject to chapters 29 -- 38 of this title, other than a corporation, who is not a resident of the state or an unincorporated association, a firm...
Every employer subject to or who elects to become subject to chapters 29 -- 38 of this title that is a corporation obtains and files or causes to be obtained and filed with the director a...
All corporations that are or may become employers subject to chapters 29 -- 38 of this title shall annually in the month of June obtain and file or cause to be obtained and filed with the director...
The secretary of state shall be paid five dollars ($ 5.00) for each certificate issued pursuant to §§ 28-29-10 and 28-29-11. ...
(a) Every employer subject to or who elects to become subject to chapters 29 -- 38 of this title shall display a copy of the summary of the major provisions of the Workers' Compensation Act in...
(a) In order to ensure that both employers and employees are fully informed as to their rights and responsibilities, the director shall prepare, publish, and distribute an illustrated booklet...
The director shall prescribe the form of a notice informing employees of their privilege under chapters 29 -- 38 of this title, and the notice shall be incorporated in the notice prescribed in...
(a) A person will not be considered an independent contractor unless that person files a notice of designation with the director, consistent with rules and regulations established by the...
A minor working at an age legally permitted under the laws of this state is deemed sui juris for the purpose of chapters 29 -- 38 of this title and no other person has any cause of action or right...
(a) Any employee, or corporate officer, or the parent or guardian of any minor employee, who has given notice to the employer that he or she claimed his or her right of action at common law may...
The right to compensation for an injury under chapters 29 -- 38 of this title, and the remedy for it granted by those chapters, shall be in lieu of all rights and remedies as to that injury now...
No scheme which provides for contributions by employees shall be certified as provided in § 28-29-22 which does not contain suitable provisions for the equitable distribution of any money or...
If at any time the scheme no longer fulfills the requirements of § 28-29-22 and § 28-29-23, or is not fairly administered, or any other valid and substantial reason for this exists, the director,...
Nothing in chapters 29 -- 38 of this title affects the liability of an employer to a fine or penalty under any other statute. ...
(a) Department of labor and training. The director, as provided in chapters 29 -- 38 of this title and chapter 16 of title 42, has supervision over the enforcement of those chapters, and...
The general assembly shall annually appropriate out of any money in the treasury not otherwise appropriated a sum that it deems necessary to carry out the provisions of chapters 29 -- 38 of this...
...
If any section of chapters 29 -- 38 of this title is declared unconstitutional or invalid, that unconstitutionality or invalidity in no way affects the validity of any other portion of it which...
(a) There is created a workers' compensation advisory council consisting of fifteen (15) members as follows: (1) The chief judge of the workers' compensation court and one additional judge of...
(a) There is established in the state of Rhode Island a workers' compensation court consisting of a chief judge and nine (9) associate judges having any jurisdiction necessary to carry out its...
(a) Any workers' compensation commissioner who was appointed and confirmed and who took the oath of that office and is holding that office on July 11, 1990, shall continue to remain in the office...
(a) A workers' compensation judge shall be an attorney at law and admitted to the bar. During his or her term of office a judge shall not engage in the practice of law or any other employment and...
(a) There is a workers' compensation administrator who is appointed by the governor with the advice and consent of the senate. Upon May 6, 1982, and every twelfth year thereafter in the month of...
There is a deputy administrator of the workers' compensation court who shall be appointed by the administrator of the workers' compensation court with the approval of a majority of the judges....
In the event that a vacancy occurs in the office of the administrator, the governor, with the advice and consent of the senate, shall appoint a person qualified to act as administrator under this...
In the event that a vacancy occurs in the office of the deputy administrator, the administrator with the approval of a majority of the judges, shall appoint a person qualified to act as deputy...
The administrator and deputy administrator shall not be active in determining the policies or conducting the affairs of any employers' association or labor organization, but they impartially...
The administrator, with the approval of the chief judge of the workers' compensation court, may employ any clerical assistance that he or she may require for copying, recording, indexing, and...
Whenever a workers' compensation judge or the administrator neglects or is unable to serve, or becomes disqualified to serve because of malfeasance in office or otherwise, the governor, with the...
All matters heard by the workers' compensation court shall be in open session and decisions and decrees shall be recorded in Providence only. ...
An employee who is a party to any proceeding before the workers' compensation court may appear before the court on his or her own behalf. An employer who is a party to any proceeding before the...
The workers' compensation court shall prescribe forms, make suitable orders, and adopt rules of procedure to secure a speedy, efficient, informal, and inexpensive disposition of its proceedings...
(a) Any controversy over which the workers' compensation court has jurisdiction in accordance with chapters 29 -- 38 of this title, including compensation, reasonableness of medical and hospital...
(a) Whenever any person first engaged as a judge subsequent to July 2, 1997, has served as a workers' compensation judge for twenty (20) years, or has served for ten (10) years and has reached the...
No increment in salary resulting from the application of personnel rule 4.0217 or any other or successor rule or regulation providing for an increment in salary for temporary service as chief...
(a) Whenever any person engaged as a judge on or before July 2, 1997, has served as a workers' compensation judge for twenty (20) years and has reached the age of sixty-five (65) years, or has...
Any workers' compensation judge who retires in accordance with §§ 28-30-15 and 28-30-16, and who is subsequently assigned to perform services in accordance with §§ 28-30-15 and 28-30-16, and when...
(a) Whenever any person first engaged as a judge subsequent to July 2, 1997, has served as a workers' compensation judge for twenty (20) years and has reached the age of sixty-five (65) years, or...
(a) Whenever any judge of the workers' compensation court dies after retirement or during active service while eligible for retirement or during active service after having served fifteen (15)...
(a) All judges of the workers' compensation court, or their surviving spouses, who retire after January 1, 1970, and who receive a retirement allowance pursuant to this title, shall, on the first...
Workers' compensation judges engaged after December 31, 1989, will have deducted from their total salaries beginning December 31, 1989, an amount equal to a rate percent of compensation as...
The state of Rhode Island makes its contribution for the maintaining of the system established by § 28-30-18.1 and providing the annuities, benefits, and retirement allowances in accordance with...
The workers' compensation court annually reports in the month of March to the general assembly on its activities of the previous year. ...
Wherever in the general or public laws the words, workers' compensation commission appear, it shall read workers' compensation court. ...
(a) The chief judge of the workers' compensation court, in consultation with the appropriate medical or professional association, shall appoint a medical advisory board which serves at the chief...
Any person serving as a member of the medical advisory board or fee dispute panel, and any medical service provider appointed as an impartial medical examiner, participating on a comprehensive...
The acceptance of chapters 29 -- 38 of this title by a town, except for the city of Providence, shall be by vote of the electors of that town qualified to vote on a proposition to impose a tax or...
All notices required to be given by an employee to an employer under §§ 28-29-17 -- 28-29-19 and of §§ 28-33-30 -- 28-33-32, and all other notices required to be given to an employer by an...
The medical treatment required to be rendered by an employer to an injured employee under § 28-33-5, if the employer is the state, shall be rendered under the direction of a physician appointed...
(a) The department of administration has full authority and power to settle any claims which an employee may have against the state under chapters 29 -- 38 of this title. (b) When any town or city...
(a) The expenses incurred for and in behalf of the state under §§ 28-31-3, 28-33-5, 28-33-12, 28-33-16, 28-33-17, 28-33-18, 28-33-19, 28-33-34, 28-33-35, 28-33-36, 28-33-37, and 28-33-39 and for...
(a) (1) The expenses incurred for and in behalf of any town or city under §§ 28-31-3 and 28-33-5 -- 28-33-11, and the amount of compensation due an employee of a town or city as determined by an...
Legal proceedings under chapters 29 -- 38 of this title between the state, a city, or town as an employer and any employee of the state, a city, or town shall be brought in the same manner and...
The provisions of chapters 29 -- 38 of this title requiring employers to insure against liability to pay compensation arising under those chapters shall not apply to the state or any city or town...
Members of the national guard and Rhode Island state guard injured in the performance of required, authorized, or permitted duty are deemed to be employees of the state, and are entitled to all...
In ascertaining the average weekly wages, earnings or salary of an injured member of the national guard or the Rhode Island guard, § 28-33-20 will be followed, and, for the purpose of that...
If the hourly wages cannot be ascertained, or if no pay has been designated for the work required, the wage for the purpose of calculating compensation under § 28-31-12 shall be taken to be a sum...
Any sums payable under any act of congress or other federal program as compensation for death, disability, or injury of disaster response workers shall be considered in connection with the...
There are transferred to the department of administration those functions, powers, duties, and necessary resources relating to claims of state employees which relate to workers' compensation...
(a) In any appeal taken under chapters 29 -- 38 of this title which involves the state employees' compensation fund, the director is a necessary party. (b) In every case where payments are ordered...
For the purposes of administering §§ 28-31-4 and 28-31.1-1(b), each state agency annually makes payments to the state employees' compensation fund as determined by the department of...
(a) Every employer who is or becomes subject to chapters 29 -- 38 of this title shall report to the director, in writing or in any other manner specified by the director, every personal injury...
(a) Any employer who refuses or neglects to make the reports required by § 28-32-1 may be assessed a penalty of two hundred fifty dollars ($ 250) by the director for each refusal or neglect to...
No report required by chapters 29 -- 38 of this title shall be admitted in evidence or referred to at the trial of any action or in any judicial or administrative proceedings, except in...
Insofar as it is not inconsistent with other provisions of chapters 29 -- 38 of this title, the director shall have general supervision of the operation of those chapters, and when necessary he or...
If an employee who has not given notice of his or her claim of common law rights of action, or who has given the notice and has waived the common law rights, as provided in § 28-29-19, receives a...
No compensation is allowed for the injury or death of an employee occasioned by his or her willful intention to bring about the injury or death of himself or herself or another, where it is proved...
No compensation shall be allowed for the injury or death of an employee occasioned by or during his or her voluntary participation in employer-sponsored social or nonprofessional athletic...
Contingent fees of attorneys for services under chapters 29 -- 38 of this title are subject to the approval of the workers' compensation court. ...
No indemnity compensation is paid under chapters 29 -- 38 of this title for any injury which does not incapacitate the employee for a period of at least three (3) days from earning full wages,...
The employer, subject to the choice of the employee as provided in § 28-33-8, promptly provides for an injured employee any reasonable medical, surgical, dental, optical, or other attendance or...
(a) Any dispute as to the reasonableness of the amount of any charge and or payment for medical, dental, or hospital services or for medicines or appliances is determined by the workers'...
(a) (1) An injured employee has freedom of choice to obtain health care, diagnosis, and treatment from any qualified health care provider initially. The initial health care provider of record may,...
Any employer or insurer may petition the director of labor and training and the director of business regulation for authority to provide health care, diagnosis, and treatment through any health...
When an injury results in no incapacity or incapacity of three (3) days or less and a dispute arises between the employee and the employer or insurer as to the payment of medical expenses or other...
No hearing shall be held by the workers' compensation court or any judge of the court under §§ 28-33-5 -- 28-33-10 unless written notice of the hearing is mailed to the employer and employee five...
(a) (1) If death results from the injury, the employer shall pay the dependents of the employee wholly dependent upon his or her earnings for support at the time of his or her injury or death,...
The following persons are conclusively presumed to be wholly dependent for support upon a deceased employee: (1) A wife upon a husband with whom she lives, or from whom she was living apart for...
No person is considered a dependent unless he or she is a member of the employee's family or next of kin, wholly or partly dependent upon the wages, earnings, or salary of the employee for support...
If the employee dies as a result of the injury, the employer shall pay, in addition to any compensation provided for in this chapter, the sum of fifteen thousand dollars ($ 15,000), as provided...
(a) (1) While the incapacity for work resulting from the injury is total, the employer pays the injured employee a weekly compensation equal to seventy-five percent (75%) of his or her average...
(a) An employee is not entitled to compensation under chapters 29 -- 38 of this title for any period during which the employee was gainfully employed or found capable of gainful employment at an...
(a) It is the intent of the legislature that the costs resulting from fraud and abuse in the workers' compensation system be arrested. In order to discourage potential abusers, employees must be...
(a) While the incapacity for work resulting from the injury is partial, the employer shall pay the injured employee a weekly compensation equal to seventy-five percent (75%) of the difference...
(a) An employee is not entitled to be paid compensation for total incapacity under chapters 29 -- 38 of this title for any period during which the employee was gainfully employed at an average...
(a) When an employee has sustained an injury which entitles the employee to receive benefits pursuant to § 28-33-18 or 28-34-3, the employee may become capable of suitable alternative employment...
(a) (1) In case of the following specified injuries there is paid in addition to all other compensation provided for in chapters 29 to 38 of this title a weekly payment equal to one-half (1 2) of...
(a) For the purposes of this chapter, the average weekly wage is ascertained as follows: (1) For full-time or regular employees, by dividing the gross wages, inclusive of overtime pay,...
(a) In the event a person collecting benefits under this chapter, regardless of the date of injury, has returned to employment for a period of twenty-six (26) weeks or more and suffers a...
No savings or insurance of the injured employee, independent of chapters 29 -- 38 of this title, are taken into consideration in determining the compensation to be paid, nor are benefits derived...
(a) If, at the time of the injury, the employee injured is a minor employed in violation of any law of this state or of the United States relating to the employment of minors, then the...
All payments of compensation under chapters 29 -- 38 of this title cease upon the death of the employee from a cause other than or not induced by the injury for which he or she is receiving...
(a) (1) In case payments have continued for not less than six (6) months the parties may petition the workers' compensation court for an order approving a settlement of the future liability for a...
Notwithstanding §§ 28-33-25 and 28-33-26, in cases where liability of the employer for payment of workers' compensation benefits has not been finally established, the parties may submit a...
(a) No claims or payments due for compensation under chapters 29 -- 38 of this title or under any alternative scheme permitted by §§ 28-29-22 -- 28-29-24 is assignable, or subject to attachment,...
The claim for compensation under chapters 29 -- 38 of this title or under any alternative scheme permitted by §§ 28-29-22 -- 28-29-24, and any determination or decree on any claim is entitled to a...
In case an injured employee is mentally incompetent, or, where death results from the injury, in case any of his or her dependents entitled to compensation under these chapters are mentally...
No proceedings for compensation for an injury under chapters 29 -- 38 of this title shall be maintained unless a notice of the injury has been given to the employer within thirty (30) days after...
Notice as required by § 28-33-30 shall be in writing and state in ordinary language the nature, time, place, and cause of the injury, and the name and address of the person injured, and shall be...
A notice given under chapters 29 -- 38 of this title is not held invalid or insufficient by reason of any inaccuracy in stating the nature, time, place, or cause of the injury, or the name and...
The employee shall, after an injury, and at reasonable times during the continuance of his or her disability if requested by his or her employer, submit him or herself to an examination by a...
(a) On or about twenty-six (26) weeks from the date of a compensable injury, any person obtaining incapacity benefits shall be examined and their diagnosis and treatment reviewed by a...
A medical examiner, once being sworn by the administrator or a judge of the workers' compensation court appointing him or her to the faithful performance of his or her duties at the inception of...
If any employee refuses to submit himself or herself for any examination provided for in chapters 29 -- 38 of this title, or in any way obstructs the examination, his or her rights to compensation...
The reasonable costs of transportation to and from the office of any examiner requested by the employer or of any impartial examiner appointed as provided in § 28-33-35 is charged to the employer...
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(a) (1) The department and the workers' compensation court shall expedite the rehabilitation of and the return to remunerative employment of all employees who are disabled and injured and who are...
An employer may petition the workers' compensation court for a review, to be performed at the Donley Rehabilitation Center, of any injured employee's progress toward rehabilitation. After that...
...
When an employee sustains property damage to eyeglasses, dentures, or artificial prosthesis arising out of and in the course of his or her employment, regardless of whether or not he or she...
(a) No employer may cancel but is obligated to continue to provide any employee's health insurance benefits for a period of two (2) years from the date of the employee's receiving weekly...
(a) The department of labor and training shall immediately promulgate rules and regulations concerning the offset of workers' compensation benefits and retirement benefits. It is the intention of...
Any employee receiving weekly benefits fifty-two (52) weeks after a compensable injury shall undergo an anniversary review by the court at which, unless waived by the employer, the court shall...
(a) A worker who has sustained a compensable injury shall be reinstated by the worker's employer to the worker's former position of employment upon written demand for reinstatement, if the...
The disablement of any employee resulting from an occupational disease or condition described in the following schedule shall be treated as the happening of a personal injury, as defined in §...
If an employee is disabled or dies and his or her disability or death is caused by one of the diseases mentioned in the schedule contained in § 28-34-2, and the disease is due to the nature of the...
Neither the employee nor his or her dependents are entitled to compensation for disability or death resulting from an occupational disease, unless that occupational disease is due to the nature of...
The court may appoint one or more impartial physicians whose duty it is to examine any claimant under this chapter and to make a report in a form that the court requires. ...
For the purpose of this chapter the date of disablement for an occupational disease is the date of partial or total incapacity to work as a result of the disease. ...
No compensation is payable for an occupational disease if the employee, at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, or...
The total compensation due is recovered from the employer who last employed the employee in the employment to the nature of which the disease was due and in which it was contracted. If the disease...
The employer to whom notice of death or disability is to be given, or against whom claim is to be made by the employee, is the employer who last employed the employee during the thirty-six (36)...
The employee, or his or her dependents, upon request, shall furnish the last employer or the director or the workers' compensation court with any information as to the names and addresses of all...
Nothing in this chapter affects the rights of an employee, or his or her dependents, to recover compensation in respect to a disease to which this chapter does not apply, if the disease, apart...
This chapter does not apply to cases of occupational disease in which the last injurious exposure to the hazards of the disease occurred prior to the fifteenth day of September 1936. ...
(a) If the employer makes payments of compensation to an employee or those entitled to compensation on account of the death of an employee under chapters 29 -- 38 of this title, a memorandum of...
When death has resulted from the injury and the dependents of the deceased employee entitled to compensation are, or the apportionment of compensation among them is, in dispute, the memorandum of...
...
(a) If the workers' compensation court makes any amendment or addition to the memorandum of agreement, the administrator of the workers' compensation court immediately notifies the department of...
Any memorandum of agreement is enforceable by a suitable action or proceeding brought by either of the parties to it before the workers' compensation court, including executions against goods,...
If an employer or insurer and an employee reaches an agreement in regard to the discontinuance or suspension of workers' compensation benefits, the parties shall file a written suspension...
(a) Notwithstanding § 28-35-1, if the employer files a memorandum of agreement but specifically designates that agreement as a non-prejudicial or without prejudice, the employer may pay weekly...
(a) For all injuries occurring from September 1, 1982, through February 28, 1986, in the event that an employer or insurer makes direct payment of weekly benefits to an employee, the employee must...
All questions arising under chapters 29 -- 38 of this title, except as otherwise provided, are determined by the workers' compensation court in accordance with these chapters. ...
(a) In all disputes between an employer and employee in regard to compensation or any other obligation established under chapters 29 -- 38 of this title, and when death has resulted from the...
The judge who hears a case pursuant to § 28-35-12 shall render his or her decision no later than thirty (30) days after each party has completed presenting its case; provided, that this provision...
Every employer subject to or who elects to become subject to chapters 29 -- 38 of this title and or his or her insurer are deemed to have appointed the insurance commissioner of this state or his...
In case an interested party is located outside the state, and has no post office address within this state, a copy of the petition and copies of all notices shall be filed in the office of the...
Within ten (10) days of the filing of the petition, the respondent or respondents shall file an answer to the petition with the workers' compensation court and mail a copy of it to the petitioner,...
(a) Upon the filing of any petition the court shall assign the matter to a judge. The court shall issue notice at that time, advising the parties of the judge to whom the case has been assigned...
(a) With respect to any delay or continuance of any matter or proceeding before the workers' compensation court, the court has the discretion to determine whether the delay or continuance was due...
The workers' compensation court may also arrange to have hearings held by the workers' compensation court officer or tribunal having authority to hear cases arising under the workers' compensation...
(a) Before any case proceeds to a trial, the judge shall conduct a mandatory pretrial conference within twenty-one (21) days of the date of filing with a view to expediting the case and reducing...
(a) The certified copy of the record of a licensed health care facility as defined in chapter 17 of title 23 or of any health care provider or medical personnel licensed to practice under title 5...
The workers' compensation court may, with notice to all parties, cause testimony to be taken or an inspection of the premises where the injury occurred, to be had, or cause the time books and...
All ex parte testimony taken by the workers' compensation court shall be reduced to writing and either party has opportunity to rebut it at any hearing where introduced. ...
(a) Whenever the testimony presented at any hearing indicates a dispute, or creates doubt, as to the extent, nature, or cause of disability or death, the workers' compensation court may direct...
Any person subpoenaed who willfully and unlawfully fails or neglects to appear or to testify or to produce books, papers, and records as required, shall be fined not less than twenty-five dollars...
The workers' compensation court may require the appointment of a guardian for any person who is mentally incompetent or a minor to act for and on behalf of that employee within the meaning of...
(a) In any controversy over which the workers' compensation court has jurisdiction pursuant to this chapter, any judge of the court shall, pursuant to §§ 28-35-11 -- 28-35-28, and the procedural...
(a) Any person aggrieved by the entry of a decree by a judge may appeal to the appellate division established pursuant to this section by filing with the administrator of the court within five (5)...
(a) Any person aggrieved by a final decree of the appellate division of the workers' compensation court rendered pursuant to § 28-35-28 may, within twenty (20) days from the entry of the final...
(a) Upon the filing of reasons of appeal and transcript, the administrator of the workers' compensation court shall present the transcript to the judge who heard the cause, and in case of vacancy...
Any court day in the supreme court is a motion day for the purpose of hearing a motion to assign the appeal for hearing. ...
The supreme court after hearing any appeal shall determine the appeal, and affirm, reverse, or modify the decree appealed from, and may itself take, or cause to be taken by the workers'...
No process for the execution of any decree of the workers' compensation court from which an appeal may be taken shall issue until the expiration of the appeal period, unless all parties against...
If, in the course of the proceedings in any cause, any question of law arises which in the opinion of the workers' compensation court is of such doubt and importance, and so affects the merits of...
Whenever the employee is entitled to weekly compensation under chapters 29 -- 38 of this title, the employer, and or insurance carrier, until further order of the workers' compensation court,...
For all injuries occurring on or before February 28, 1986, within twenty-one (21) days after the employer has notice of an injury or death as provided in chapters 29 -- 38, of this title and has...
If any payment of compensation is not paid within fourteen (14) days after it becomes due, there shall be added to that unpaid payment an amount equal to ten percent (10%) of the amount due, which...
Payment of compensation under a decision of the court becomes due upon the effective date of the order and weekly thereafter on the same day. If any payment payable under the terms of an order or...
If an employee receiving a weekly payment under chapters 29 -- 38 of this title ceases to reside in the state, or if his or her residence at the time of accident is in an adjoining state, the...
(a) At any time after the date of the approval of any agreement or at any time after the date of the entry of any decree concerning compensation, and if compensation has ceased under them, within...
Before an employer may discontinue, suspend, or reduce compensation payments whether they are being received under an agreement, memorandum of agreement, award, order, finding, or decree, or when...
Within sixty (60) days after the discontinuance or suspension of compensation payments, the employer and or insurer shall file with the director of labor and training, with a copy to the employee...
Where the notice of intention to discontinue, suspend, or reduce payments of compensation alleges that the employee has returned to work at an average weekly wage equal to or in excess of that...
Where the notice of intention to discontinue, suspend, or reduce payments of compensation alleges that the employee is able to return to work, the notice is supported by a report of a treating...
If, subsequent to the filing of any notice previously provided for in this chapter, there is any change of status of the employee which would affect the right to discontinue, reduce, or suspend...
Upon receipt of notice of intention to discontinue, suspend, or reduce compensation payments, the court shall notify the employee that he or she has a right to dispute the claim of the employer or...
...
The employer is not entitled to any relief granted by §§ 28-35-39 -- 28-35-52, if payments in accordance with the existing agreement or decree are not paid in full to the date of the filing of the...
Whenever the director certifies to the workers' compensation court papers, agreements, and documents in any proceedings as are provided in chapters 29 -- 38 of this title, he or she shall certify...
No proceedings under chapters 29 -- 38 of this title shall abate because of the death of the petitioner, but may be prosecuted by his or her legal representative or by any person entitled to...
(a) An employee's claim for compensation under chapters 29 -- 38 of this title is barred unless payment of weekly compensation has commenced, or a petition, as provided for in this chapter, has...
An employee's claim for compensation from an employer under chapters 29 to 38 of this title is barred from the date the employee commences employment for a period of two (2) years in the event the...
(a) Where the injury for which compensation is payable under chapters 29 -- 38 of this title was caused under circumstances creating a legal liability in some person other than the employer to pay...
The proceedings in all cases before the workers' compensation court under chapters 29 -- 38 of this title are deemed matters of record, but they are not required to be recorded at large, but are...
Copies of decisions, opinions, rescripts, and decrees, when issued by the workers' compensation court and supreme court involving workers' compensation cases, shall be promptly sent by the...
(a) The workers' compensation court may, upon petition of an employee, the dependents of a deceased employee, an employer, an insurance carrier, or any other party in interest, vacate, modify, or...
(a) Reproduction of documents, papers, or records docketed, filed, or in the custody of department by photograph, photocopy, photostat, or similar process is, in all respects and for all purposes,...
(a) Every employer subject to or who has elected to become subject to chapters 29 -- 38 of this title as provided in § 28-29-8 shall secure in one of the following ways the compensation for which...
...
(a) Whenever an employer has complied with the requirements of §§ 28-36-1(a)(2) or (a)(3), and with any other reasonable requirements that the director makes, the director shall issue to the...
Any party aggrieved by any unreasonable requirement or demand made by the director, pursuant to this chapter may appeal to the workers' compensation court, and § 28-36-10 shall not apply while the...
Every policy subsequently written insuring the payment of compensation under chapters 29 -- 38 of this title shall contain provisions to the effect that as between the employee and the insurer...
Every policy covers the entire liability of the employer under chapters 29 -- 38 of this title, and shall contain an agreement by the insurer to the effect that the insurer is directly and...
Every policy shall also provide that the employee or, in the event of his or her death, his or her dependents have a first lien upon any amount which becomes owing on account of that policy to the...
Any employee entitled to compensation from his or her employer under chapters 29 -- 38 of this title shall, irrespective of any insurance contracts, have the right to recover compensation directly...
When any employer is insured against liability for compensation and the insurer has paid any compensation for which the employer was liable, or has assumed the liability of the employer, the...
Every contract subsequently made for the insurance of the compensation provided for in chapters 29 -- 38 of this title or against liability for compensation, is deemed to be made subject to those...
Any employer subject to chapters 29 -- 38 of this title who fails to comply with this chapter, and any employer who has elected to become subject to chapters 29 -- 38 of this title in accordance...
(a) Every insurance company having written a policy insuring against liability for personal injuries to employees shall notify the director of the issuance of the policy within thirty (30) days of...
(a) Any employer, insurance company, self-insurer, or group self-insurer insuring employers against liability for personal injuries to employees shall fill out all blanks and answer all questions...
...
(a) Any employer required to secure the payment of compensation under chapters 29 -- 38 of this title who knowingly fails to secure that compensation is guilty of a misdemeanor and, upon...
(a) Any uninsured employer, who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretes, or destroys any property belonging to that employer, after one of...
(a) Subject to the limitations set forth in subsection (b) of this section any insurance company which provides workers' compensation insurance to an employer who pays annual premiums in excess of...
(a) There is established in the department of labor and training a special account to be known as the workers' compensation administrative account, an account within the general fund. This...
The general treasurer is the custodian of the fund; and the state controller is authorized and empowered to draw orders upon the general treasurer upon the receipt of authenticated vouchers. The...
The general treasurer as custodian of this fund is authorized to invest any moneys not immediately necessary for the execution of the purposes of this fund in the class of securities legal for the...
...
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Any party claiming to be entitled to the benefits of this chapter or § 28-35-20 shall file a request with the director, for a determination of his or her claim. If the director denies the claim,...
In addition to any other payments authorized to be made from the fund established under § 28-37-1, payments from the fund are made for the continuance of compensation and medical expenses at his...
The payments provided for under § 28-37-8 shall be made by the insurance carriers or certified employers and they shall be reimbursed out of the fund established by § 28-37-1 after furnishing the...
(a) In any appeal taken under chapters 29 -- 38 of this title which involves the workers' compensation administrative fund the director is a necessary party. (b) In every case where payments are...
No petition for commutation of payments shall be entertained, with the exception of payments made pursuant to § 28-37-4, where the workers' compensation administrative fund is involved. ...
(a) For the privilege of writing or renewing workers' compensation insurance or employer's liability insurance in this state, every mutual association or stock company authorized, to be...
(a) Gross premiums include all premiums, premium deposits, and assessments on all policies, certificates, and renewals written during the preceding calendar year, covering workers' compensation...
Every insurer shall, within sixty (60) days of notice, file with the director, in a form and containing the information that he or she may prescribe, a return under oath or affirmation signed by...
Every certified employer shall, on or before May 15 of each year, except for the period ending June 30, 2000, when this return is due September 15, file with the director, in a form and containing...
As soon as practicable after the return is filed, the director shall examine it and determine the correct amount due and in case any error is disclosed by that examination he or she shall notify...
...
Any appeal authorized under this chapter shall be made to the workers' compensation court, and from the workers' compensation court, to the supreme court in accordance with § 28-35-30. ...
If any certified employer or insurer fails to file a return within the time and as required in this section, the director determines the amount of payment due from the information that he or she...
The director may grant a reasonable extension of time for filing any return required under this chapter. Whenever an extension of time is granted the insurer is required to pay as part of any...
If any payment required of any insurer or certified employer by this chapter is not made when due, the insurer or the certified employer is required to pay, as part of that payment, interest on...
(a) If the director or any appellate tribunal determines after a hearing that any insurer has failed to make any payment required by this chapter or has violated any of the provisions of this...
If any certified employer violates any of the provisions of this chapter or any of the rules or regulations promulgated by the director of labor and training, the director of labor and training...
If any insurer or certified employer willfully delivers or causes to be delivered to the director any false or fraudulent return or information upon which the payment due under this chapter is...
The director shall collect all payments under this chapter under those rules and regulations that may be set forth by the director, and all payments shall immediately be transmitted by the...
All actions for any violations of this chapter or of any of the rules or regulations promulgated by the director, or for the collection of payments in accordance with § 28-37-13 or penalties under...
If any provisions of this chapter, or the application of this chapter to any person or circumstances, is held invalid, the remainder of this chapter and application of those provisions to other...
(a) Payments made to injured employees pursuant to § 28-37-8 shall be increased effective May 10 of each year by an amount equal to the total percentage increase in the most recently published...
(a) (1) Recognizing the need for collection, analysis, and utilization of quantifiable data to provide the basis for recommendations to improve the efficiency and reduce the cost of the workers'...
From the fund created by § 28-37-1 the Dr. John E. Donley rehabilitation center shall be set up within the department of labor and training. ...
The director shall appoint an administrator of the center. The administrator appoints all medical and technical personnel and an administrative assistant of the center if this is necessary, with...
(a) The rules and regulations, including manner of admission to the center for treatment, and prices to be charged for treatments, are promulgated by the administrator appointed under § 28-38-20...
If any provisions of this chapter, or the application of the provisions to any person or circumstances, is held invalid, the remainder of this chapter and the application of those provisions to...
The name of the curative centre in the department shall be the Dr. John E. Donley rehabilitation center. ...
Wherever in any existing law reference is made to the curative centre, and wherever in an existing law the term state curative centre or curative centre or the centre, as variously used,...
The change in name pursuant to § 28-38-24 in no way affects the powers and duties of the director or the administrator; and those officials are responsible for the control, management, and...
...
Chapters 39 -- 41 of this title shall be known and may be cited as the Rhode Island Temporary Disability Insurance Act. ...
The following words and phrases, as used in chapters 39 -- 41 of this title, have the following meanings unless the context clearly requires otherwise: (1) Average weekly wage means the...
Governmental entities as defined in § 28-42-3(21) are not deemed to be employing units subject to chapters 39 -- 41 of this title and services performed in the employ of those governmental...
Notwithstanding any inconsistent provisions of chapters 39 -- 41 of this title, a governmental entity which is a political subdivision or instrumentality of a political subdivision, or an...
The election is made by submitting to the director a certified copy of a resolution or act of the legislative body of the political subdivision or subdivisions passed in accordance with the...
For the purposes of §§ 28-39-3.1 and 28-39-3.2 the term employment does not include services performed by: (1) Elected officials; (2) Individuals on any work-relief project undertaken by...
(a) There is created the temporary disability insurance fund, to be administered by the director, without liability on the part of the state beyond the amounts paid into and earned by the fund....
The temporary disability insurance fund shall be administered and used solely to pay benefits upon vouchers drawn on the fund by the director pursuant to regulations and no other disbursements may...
The general treasurer is custodian and treasurer of the fund and shall pay all vouchers authenticated and drawn upon the fund. He or she has custody of all moneys belonging to the fund and not...
(a) There is created the temporary disability insurance reserve fund, to be administered in the manner subsequently prescribed in this chapter, without liability on the part of the state beyond...
The general treasurer is custodian of the reserve fund, and pays all vouchers drawn upon the reserve fund and properly authenticated. He or she has custody of all moneys belonging to the reserve...
Chapters 39 -- 41 of this title is administered by the department of labor and training. The director and the board of review have the same powers and duties with relation to those chapters as...
(a) Whenever the director believes that a change in contribution and or benefit rates will become necessary to protect the solvency of the fund, he or she will at once inform the governor and the...
The director may require any benefit claimant to submit to a reasonable examination or examinations for the purpose of determining his or her physical or mental condition, the examination or...
On the request of the director or the board of review, the attorney general will represent the director or the board of review and the state in any court action relating to chapters 39 -- 41 of...
Every employer and every employing unit employing any person in employment in this state shall keep true and accurate employment records of all persons employed by him or her, and of the weekly...
The manner in which any disputed claims or any other controversies arising out of the interpretation or application of chapters 39 -- 41 of this title are presented, or the manner in which...
In case of contumacy by, or refusal to obey a subpoena issued to, any person, pursuant to chapters 39 -- 41 of this title, the sixth division of the district court, upon application by the...
Witnesses subpoenaed pursuant to chapters 39 -- 41 of this title are allowed fees at a rate fixed by the director. Those fees are deemed a part of the expense of administering chapters 39 -- 41 of...
The director or the board of review is deemed to be a party to any judicial action involving decisions which have been appealed to the courts and may be represented in any judicial action by any...
Every employee of the department of labor and training is expressly prohibited from divulging to any individual not officially connected with the department: (1) any information obtained by the...
Every request for information relating to the data referred to in § 28-39-19 will be denied, and the individual making that request will be informed that all requests for information must be...
Every request for information directed to the director is denied if the request would necessitate that individual to divulge any information which is declared in § 28-42-38 to be held confidential...
Notwithstanding § 28-39-21, the director is authorized to divulge the information confidentially held by the department to the agencies enumerated in § 28-42-38 as proper agencies entitled to...
Whoever knowingly makes a false statement or representation to obtain or increase any benefit or other payment under chapters 39 -- 41 of this title, either for himself or herself or for any other...
Any individual, or employing unit or its agent, who willfully makes a false statement or representation to avoid becoming or remaining subject to contributions or payments, or to avoid or reduce...
Any individual, or employing unit or its agent, who knowingly fails or refuses to make any contribution or other payment required of an employing unit under chapters 39 -- 41 of this title, or who...
An employer who fails to file any report required under chapters 39 -- 41 of this title, or who fails or refuses to pay any contributions required under this chapter and chapters 40 and 41 in the...
All fines specified or provided for in §§ 28-39-23 -- 28-39-32 will be paid to the temporary disability insurance reserve fund. ...
Any individual who, by reason of a mistake or misrepresentation made by himself or herself or another, has received any sum as benefits under chapters 39 -- 41 of this title, in any week in which...
The director is the party complainant to any complaint and warrant brought to invoke the penalties provided for in §§ 28-39-23 -- 28-39-32 and the director is exempt from giving surety for costs...
All criminal actions for any violation of chapters 39 -- 41 of this title or any rule or regulation of the department will be prosecuted by the attorney general or by any qualified member of the...
No person will be convicted of any offense for any violation of chapters 39 -- 41 of this title or any rule or regulation of the department unless the complaint or warrant for that violation has...
To the extent that funds are made available by the federal government, under Title III of the Social Security Act,
The general assembly shall annually appropriate a sum sufficient for the payment of expenses of administering chapters 39 -- 41 of this title during each fiscal year, which sum is payable out of...
The director shall undertake an educational publicity program designed to safeguard the fund created by this chapter. The director shall solicit the co-operation and assistance of labor, industry,...
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The general treasurer and the state director of administration have the same powers and duties with relation to chapters 39 -- 41 of this title as they have to chapters 42 -- 44 of this title. ...
Chapters 39 -- 41 of this title are construed liberally in aid of their declared purpose, which declared purpose is to lighten the burden which now falls on the unemployed worker and his or her...
All the rights, privileges, or immunities conferred by chapters 39 -- 41 of this title, or by acts done pursuant to these chapters, will exist subject to the power of the general assembly to amend...
If any provision of chapters 39 -- 41 of this title, or the application of these chapters to any person or circumstances, is held invalid, the remainder of the chapters and the application of that...
(a) The taxable wage base under this chapter for each calendar year is equal to the greater of thirty-eight thousand dollars ($ 38,000) or the annual earnings needed by an individual to qualify...
An employee who adheres to the faith or teachings of any church, sect, or denomination and in accordance with its creed, tenets, or principles, depends for healing upon prayer or spiritual means...
Minors fourteen (14) and fifteen (15) years of age are exempt from chapters 39 -- 41 of this title. ...
Disabled persons employed through a supported employment program as described in the federal rehabilitation act amendments of 1992 and who are ineligible to receive temporary disability benefits...
Each employer shall withhold in trust contributions from the wages of his or her employees at the time those wages are earned or paid, shall show the deduction on his or her payroll records, and...
(a) All contributions withheld by any employer from employees in accordance with the provisions of this chapter, and all contributions withheld by any employer from employees under color of those...
If the director believes that the payment to the state of the trust fund established under § 28-40-3.1 will be jeopardized by delay, neglect, or misappropriation, he or she will notify the...
Any employer and any officer, agent, servant, or employee of any corporate employer responsible for either the withholding or payment of contributions, who appropriates or converts the...
If the director determines that any individual, or employing unit or its agent, has failed or refused to transmit contributions withheld from the wages of employees in accordance with chapters 39...
If any employer fails to deduct the contributions of any of his or her employees at the time their wages are paid or fails to make a deduction for the contributions at the time wages are paid for...
If more or less than the correct amount of contributions imposed under §§ 28-40-1 -- 28-40-4 is paid with respect to any wage payments, then, under prescribed regulations, proper adjustments with...
(a) Disabled persons employed through a supported employment program as described in the federal rehabilitation act amendments of 1992 and who: (1) were or are ineligible to receive temporary...
Any employer, employee, or other person aggrieved by any decision of fact or law by the director as to his, her, or its liability to make contributions or to withhold and pay contributions, or as...
If any employing unit which is or becomes an employer subject to chapters 39 -- 41 of this title within the calendar year 1942, or within any calendar year thereafter, the employees of that...
Employers who fail to make payment of contributions, as required by chapters 39 -- 41 of this title, or by the rules and regulations prescribed, will be additionally liable to the temporary...
In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this state, including any receivership, assignment for benefit of creditors,...
If an employer for any reporting period fails to make any report used for the purpose of determining the amount of contributions payable under chapters 39 -- 41 of this title at the time and in...
If any employer fails to make any payment of contributions or interest on contributions at the time and in the manner required by the rules and regulations prescribed, the amount of contributions...
In any civil action brought to enforce chapters 39 -- 41 of this title, the director may be represented by any qualified attorney whom the director has designated and employed for this purpose or,...
(a) (1) The amount of any contributions, interest, and penalties imposed upon any employer under this chapter is a debt due to the state, constitutes a trust fund for the state until paid to the...
The sale or transfer by any employer other than receivers, assignees under a voluntary assignment for the benefit of creditors, trustees in bankruptcy, or public officers acting under judicial...
(a) The director has, for the collection of the contributions imposed by this chapter, all powers that are prescribed for collection of contributions in this title. The director may require any...
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If the total amount due to the department of labor and training from an employer in contributions and or interest for any period is less than one dollar ($ 1.00), this amount will not be assessed. ...
Benefits will be payable from the fund and are paid through employment offices, or those other agencies that the director may designate and the federal social security administration may approve,...
Notwithstanding any provisions of chapters 39 -- 41 of this title to the contrary, the term wages as used in the phrase wages for employment from employers means, with reference to the...
Wages earned by an employee for employment from employers, which remain unpaid because the assets of the employer for whom that employment was rendered are in the custody or control of an assignee...
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(a) (1) Benefit rate. The benefit rate payable under this chapter to any eligible individual with respect to any week of his or her unemployment due to sickness, when that week occurs...
The total amount of benefits payable during a benefit year to any eligible individual is an amount equal to thirty-six percent (36%) of the individual's total wages for employment by employers...
An eligible individual who is unemployed due to sickness resulting from pregnancy, childbirth, miscarriage, or abortion is entitled to receive those benefits which are regularly provided for...
(a) An individual who files a valid claim for benefits, and whose waiting period ends on a day prior to the last day of any calendar week in which work is ordinarily performed in the occupation in...
Notwithstanding any provision of chapters 39 -- 41 of this title to the contrary, if the benefit year of an individual terminates prior to the end of a week throughout which he or she is...
In order to be eligible for benefits, an individual whose benefit year begins on or after October 7, 1990 must have been paid wages in: (1) Any one calendar quarter of the base period which are...
(a) The waiting period of any individual is seven (7) consecutive days during which that individual is unemployed due to sickness. (b) No waiting period is credited to any individual unless he or...
(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,...
(a) Benefit claims are filed pursuant to prescribed regulations. (b) No individual is eligible for waiting period credits or benefits under this title for any week of unemployment due to sickness...
(a) Upon the filing of a claim, the director shall promptly examine the claim and on the basis of facts found by the director and records maintained by the department, the claim is determined to...
To hear and decide disputed claims, the board of review may appoint one or more impartial referees, each of whom constitutes an appeal tribunal to hear and decide appeals from determinations and...
Any claimant may file an appeal from the determination of the director to an appeal tribunal within the time specified. The parties to an appeal from a determination will include all interested...
A reasonable opportunity for a fair hearing shall be afforded all interested parties, promptly. An appeal tribunal inquires into and develop all facts bearing on the issues and receives and...
(a) After a hearing, an appeal tribunal shall make findings and conclusions promptly and on the basis of them affirm, modify, or reverse the director's determination. Each party is furnished...
Any party in interest, including the director, is allowed an appeal to the board of review from the decision of an appeal tribunal. The board on its own motion may initiate a review of a decision...
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 before a fair hearing has been...
All final determinations and decisions are conclusive upon all parties in interest, including the director. The director, appeal tribunal, or board of review shall reopen a determination or...
Final decisions of the board of review and the principles of law declared in their support are binding in all subsequent proceedings involving similar questions, unless expressly or impliedly...
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 is deemed to be the decision of the board, except...
Appeals from administrative orders or decisions made pursuant to any provisions of this chapter will be to the sixth division district court, pursuant to chapter 35 of title 42, the Administrative...
The board of review and all parties to the proceedings before it are parties to the review proceedings. If the director is a party respondent, the petition is served by leaving with him or her, or...
The jurisdiction of the reviewing court is 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...
No agreement by any individual to waive his or her right to benefits or any other right under chapters 39 -- 41 of this title is valid. No agreement by any individual in the employ of any person...
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...
Benefits which are due or may become due under chapters 39 -- 41 of this title may not be assigned, pledged, or encumbered before payment; and when awarded, adjudged, or paid, as long as they are...
(a) The board of review is empowered to appoint and employ a qualified attorney, who acts in accordance with any instructions that he or she may receive from the board concerning appeals from its...
Chapters 42 -- 44 of this title shall be known and may be cited as the Employment Security Act. ...
Economic insecurity, due to unemployment, being a serious menace to the health, morale, and general welfare of the people of this state, is a subject of interest and concern to the community as a...
The following words and phrases, as used in chapters 42 -- 44 of this title, have the following meanings unless the context clearly requires otherwise: (1) Administration account means the...
The term employment includes an individual's entire service, performed within or both within and without this state, if: (1) The service is localized in this state; or (2) The service is...
Service is deemed to be localized within a state if: (1) The service is performed entirely within that state; or (2) The service is performed both within and without that state, but the...
Services not covered under § 28-42-4 and performed entirely without this state, with respect to no part of which contributions are required and paid under an unemployment compensation law of any...
(a) The services of an individual, who is a citizen of the United States, performed outside the United States (except in Canada) after December 31, 1971, or after December 31, 1977, in the case of...
The determination of independent contractor or employee status for purposes of chapters 42 -- 44 of this title shall be the same as those factors used by the Internal Revenue Service in its code...
The term employment does not include: (1) Domestic service in a private home performed for a person who did not pay cash remuneration of one thousand dollars ($ 1,000) or more in any calendar...
For the purpose of establishing coverage of maritime services rendered on, or in connection with, vessels, §§ 28-42-4 and 28-42-5 and the Interstate Maritime Reciprocal Agreement apply. ...
The term employment does not include services performed in the employ of a school, college, or university, by a student who is enrolled and regularly attending classes at that school, college,...
(a) Whenever any employing unit contracts with or has under it any contractor or subcontractor for any work which is part of its usual trade, occupation, profession, or business, unless the...
Notwithstanding any inconsistent provisions of chapters 42 -- 44 of this title, the state and its instrumentalities are deemed to be employing units and services performed in the employ of the...
Notwithstanding any inconsistent provisions of chapters 42 -- 44 of this title, the political subdivisions of the state and the instrumentalities of those political subdivisions and all other...
For the purposes of §§ 28-42-13 and 28-42-13.1, the term employment does not include services performed in the employ of a governmental entity as defined in § 28-42-3(21) by an individual in...
(a) The term employer shall include any Indian tribe for which service in employment as defined under chapters 42 -- 44 of this title is performed. (b) The term employment shall include...
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(a) There is created the employment security fund, to be administered by the director without liability on the part of the state beyond the amounts paid into and earned by the fund. This fund...
The general treasurer is custodian and treasurer of the fund and shall pay all vouchers authenticated and drawn upon the fund. He or she has custody of all moneys belonging to the fund and not...
All money received by the director for the employment security fund established by this chapter will, upon receipt, be deposited by the director in a clearance account in a bank, in this state,...
The director shall also from time to time requisition from the unemployment trust fund those amounts of money that are equal to the amount of employee payments previously contributed to the fund...
Any balance of moneys requisitioned from the unemployment trust fund for the payment of benefits which remains unclaimed or unpaid after the expiration of the period for which those sums were...
Sections 28-42-18 -- 28-42-23, to the extent that they relate to the unemployment trust fund, will be operative only as long as that unemployment trust fund continues to exist and as long as the...
For the purpose of carrying out chapters 42 -- 44 of this title and chapter 102 of title 42 and providing for the administration of them, there is created within the general fund an employment...
The entire cost of administration of chapters 42 -- 44, inclusive including salaries and other necessary expenditures is paid by the director out of the administration account. The general...
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All federal moneys allotted or apportioned to the state by the secretary of labor of the United States, or other federal agency, for the administration of chapters 42 -- 44 of this title shall be...
All moneys received by the director from the secretary of labor of the United States under Title III of the Social Security Act,
If any money received from the secretary of labor under Title III of the Social Security Act,
It is the duty of the director to administer chapters 42 -- 44 of this title subject to those chapters; and he or she has the power and authority to: (1) Enforce all the reasonable rules and...
Whenever the director believes that a change in contribution and or benefit rates will become necessary to protect the solvency of the fund, he or she shall at once inform the governor and the...
(a) The board of review has the power to adopt, amend, modify, and reject general and special rules and regulations interpreting chapters 42 -- 44 of this title and establishing policy relative to...
The director shall cause to be printed in proper form for distribution to the public the text of chapters 42 -- 44 of this title, the general and special rules which will become effective as...
The director is authorized, within his or her means, and in accordance with the State Merit System Act, chapters 3 and 4 of title 36, rules, and regulations to appoint and fix the compensation of...
(a) The human resource investment council shall establish a state advisory council of eight (8) members. Four (4) of the members will be appointed by the governor from recommendations made by the...
(a) Every employer and every employing unit employing any person in employment in this state shall keep true and accurate employment records of all persons employed by him or her, and of the...
The department of labor and training will participate in the income and eligibility verification procedures as required by
Any person releasing or procuring the release of quarterly wage information supplied to the department of labor and training by any employer pursuant to this chapter, except as is specifically...
Whenever any employing unit, subject to § 28-42-38, contracts with any employing unit having its principal office or place of business outside this state, for the performance of any work which...
The director, at his or her discretion, shall recommend to the governor for transmission to the general assembly any action that will tend to aid and promote the prevention of unemployment and...
On the request of the director or the board of review, the attorney general shall represent the director or the board and the state in any court action relating to chapters 42 -- 44 of this title...
(a) The director is designated as the agent within this state charged with the responsibility of cooperating in all necessary respects with the appropriate agencies and departments of the federal...
The state of Rhode Island accepts the Wagner-Peyser Act,
The department of labor and training is designated and constituted the agency within this state charged with the responsibility of cooperating with the United States employment service. ...
For the purpose of the establishment, maintenance, and use of free public employment offices in this state, the director is authorized to enter into agreements with any agency of the United States...
It is the duty of the director to administer a system of public employment offices for the purpose of assisting employers to secure employees and workers to secure employment. The director is...
All federal funds made available to the director or to this state under the Wagner-Peyser Act,
The general assembly will from time to time appropriate those sums of money that may be necessary out of moneys in the general treasury not otherwise appropriated for the purpose of maintaining...
Sections 35-1-1, 35-1-2, 35-3-1, 35-6-1, 35-7-10, 35-7-11, 37-2-1 -- 37-2-4, and 44-1-1 -- 44-1-3 are applicable to all functions and duties performed by the department of labor and training, its...
In addition to and or in lieu of the sections enumerated in § 28-42-50, the director of administration shall perform, at the department of labor and training, in the manner and to the extent that...
In order to perform the functions and duties as specified under § 28-42-51, the director of administration is empowered to take action that is deemed necessary and advisable and to assign those...
The manner in which any disputed claims or any other controversies arising out of the interpretation or application of chapters 42 -- 44 of this title is presented, or the manner in which hearings...
In discharge of their duties under chapters 42 -- 44 of this title, the director or his or her authorized representative, the board of review, an appeal tribunal, or any authorized representative...
Witnesses subpoenaed pursuant to § 28-42-54 are allowed fees at a rate fixed by the director. Those fees are deemed a part of the expense of administering chapters 42 -- 44 of this title. ...
The director or the board of review is deemed to be a party to any judicial action involving decisions which have been appealed to the courts, and may be represented in any judicial action by any...
The director is authorized to enter into arrangements with the appropriate and authorized agencies of other states, the federal government or its territories, and of foreign governments, whereby,...
The director shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under chapters 42 -- 44 of this title with...
To the extent permissible under the laws and the constitution of the United States, the director is authorized to enter into or cooperate in arrangements with the appropriate authorized agencies...
If after entering into an arrangement provided in §§ 28-42-58 -- 28-42-60, the director finds that the employment security law of any state or territory, the federal government, or any foreign...
(a) (1) It is unlawful to do any of the following: (A) Make or cause to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining...
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Whenever any employer fails to comply with any provision of this title, the director, upon hearing, after giving the person at least five days' notice in writing specifying the time and place of...
Any individual, or employing unit or its agent, who knowingly fails or refuses to make any contribution or other payment required of an employing unit under chapters 42 -- 44 of this title, or who...
(a) The superior court has jurisdiction to restrain and enjoin any employer from engaging in business as an employer in this state without a registration or registrations or after a registration...
An employer who fails to file any reports required under chapters 42 -- 44 of this title, or who fails or refuses to pay any contributions required under these chapters in a manner and at those...
Any violation of any provision of chapters 42 -- 44 of this title or of any order, rule, or regulation of the board of review after consultation with the director, for which a penalty is neither...
All fines specified or provided for in §§ 28-42-62 -- 28-42-66 are paid to the employment security tardy account fund. ...
(a) Any individual who, by reason of a mistake or misrepresentation made by himself, herself, or another, has received any sum as benefits under chapters 42 -- 44 of this title, in any week in...
The director is the party complainant to any complaint and warrant brought to invoke the penalties provided for in §§ 28-42-62 -- 28-42-66, and the director is exempt from giving surety for costs...
All criminal actions for any violation of chapters 42 -- 44 of this title or of any rule or regulation will be prosecuted by the attorney general or by any qualified member of the Rhode Island bar...
In the event that the federal Social Security Act,
Chapters 42 -- 44 of this title shall be construed liberally in aid of their declared purpose, which declared purpose is to lighten the burden which now falls on the unemployed worker and his or...
If any provision of chapters 42 -- 44 of this title, or the application of them to any person or circumstance, is held invalid, the remainder of the chapters and the application of that provision...
(a) (1) There is created as a restricted receipt account within the general fund the employment security interest fund, to be administered by the director without liability on the part of the...
(a) The moneys in the interest fund are used solely for the following purposes: (1) To make refunds of interest erroneously collected and deposited in the fund; (2) To make payments of...
(a) The general treasurer is custodian and treasurer of the interest fund. The general treasurer has custody of all moneys belonging to the fund and not held, deposited, or invested pursuant to...
(a) (1) There is created as a restricted receipt account within the general fund the employment security tardy account fund, to be administered by the director without liability on the part of the...
(a) The general treasurer is custodian and treasurer of the tardy account fund. The general treasurer has custody of all moneys belonging to the fund and not otherwise held, deposited, or invested...
(a) Any individual who receives any sums as benefits pursuant to chapters 42 -- 44 of this title whose household income is less than three (3) times the federal poverty level as established by the...
Whereas, improvements in the standard of living for all Rhode Islanders by increasing their prosperity and their opportunities for continued employment and better jobs is one of the top priorities...
(a) (1) There is created as a restricted account within the general fund the job development fund, to be administered by the human resource investment council, without liability on the part of the...
(a) The moneys in the job development fund will be used for the following purposes: (1) To reimburse the department of labor and training for the loss of any federal funds resulting from the...
(a) The general treasurer is custodian and treasurer of the job development fund. The general treasurer has custody of all moneys belonging to the fund. The general treasurer has custody of all...
(a) (1) There is created the employment security reemployment fund, to be administered by the department of labor and training, without liability on the part of the state beyond the amounts paid...
(a) The moneys in the employment security reemployment fund shall be used for the following purposes: (1) To make refunds of contributions erroneously collected and deposited in the fund;...
(a) The general treasurer shall be custodian and treasurer of the employment security reemployment fund. The general treasurer has custody of all moneys belonging to the fund and not otherwise...
The following words and phrases as used in this chapter have the following meanings, unless the context clearly requires otherwise: (1) Balancing account means a book account to be...
Subsequent to the establishment of the balancing account as set forth in § 28-43-1(1), the credits and charges to that account are determined by the director as follows: (1) Credits to the...
Subsequent to the establishment of a separate employer's account for each employer subject to chapters 42 -- 44 of this title as set forth in § 28-43-1(4), the credits and charges to each...
(a) The director shall furnish to each employer not later than April 1 annually a statement showing the employer's account balance together with the total credits and charges made during the...
(a) Within thirty (30) days after the end of each calendar quarter, or more frequently if deemed necessary, the director shall furnish to each employer who is charged for benefits paid to...
The taxable wage base under this chapter for the tax year beginning January 1, 1999, and all tax years thereafter is twelve thousand dollars ($ 12,000) if the amount of the employment security...
For the purpose of determining each employer's experience rate for the next succeeding calendar year, the director, not later than October 31 of each year, determines each employer's total taxable...
(a) (1) Whenever, as of September 30, 1987, or any computation date thereafter, the amount in the employment security fund available for benefits is six and four tenths percent (6.4%) or more of...
Contributions required under this chapter for each year will be paid by each employer in the manner and at those times that the director may prescribe. ...
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Notwithstanding any inconsistent provisions of chapters 42 -- 44 of this title, each employer who has not been subject to this chapter for a sufficient period of time to be eligible for any...
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For the tax year 2001 and subsequent tax years each employer subject to this chapter is required to pay a job development assessment of twenty-one hundredths of one percent (.21%) of that...
For the tax years 2001, 2002, and 2003, each employer subject to this chapter is required to pay an employment security reemployment assessment of three hundredths of one percent (0.03%) of that...
(a) As of September 30, 1988, and on each computation date thereafter, the director shall determine the balancing rate percentage to be effective for the immediately following tax year in...
(a) (1) (i) Whenever any employing unit in any manner succeeds to, or has succeeded to, or acquires, or has acquired, the organization, trade, separate establishment (provided separate payroll...
(a) (1) If an employer makes application for refund or credit of any amount paid as contributions or interest under this title and the director determines that the amount or any portion of it was...
In the event that any application for refund or credit is denied, the director shall notify the applicant in writing of that decision. Unless the applicant shall, within fifteen (15) days after...
Any employer or person aggrieved by any decision of fact or law by the director with reference to its or his or her status as an employer or as to whether services performed for it or him or her...
Employers who fail to make payment of contributions as required by chapters 42 -- 44 of this title or by the regulations adopted as prescribed are liable to the employment security interest fund...
In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this state, including any receivership, assignment for benefit of creditors,...
If an employer for any reporting period fails to make any report used for the purpose of determining the amount of contributions payable under chapters 42 -- 44 of this title at the time and in...
In any civil action brought to enforce chapters 42 -- 44 of this title, the director may be represented by any qualified attorney whom the director has designated and employed for this purpose, or...
(a) The amount of any contributions, interest, and penalties imposed upon any employer under this chapter is a debt due from that employer to the state, is recoverable at law in the same manner as...
The sale or transfer by any employer other than receivers, assignees under a voluntary assignment for the benefit of creditors, trustees in bankruptcy, or public officers acting under judicial...
(a) The director has for the collection of contributions imposed by this chapter all powers that are prescribed for collection of contributions in this title. The director may require any employer...
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(a) In lieu of contributions required by employers under chapters 42 -- 44 of this title, a governmental entity as defined in § 28-42-3(21) may elect to pay to the director for the employment...
If the total amount due to the department of labor and training from an employer in contributions and or interest for any period is less than one dollar ($ 1.00), that amount is not assessed. ...
(a) Any nonprofit organization or governmental entity which is or becomes subject to chapters 42 -- 44 of this title on or after January 1, 1978, shall pay contributions under chapters 42 -- 44 of...
(a) At the end of each month, the director shall bill each nonprofit organization or group of those organizations or governmental entity which has elected to make payment in lieu of contributions,...
Each employer that is liable for payments in lieu of contributions in accordance with § 28-43-29 shall pay to the director for the fund the full amount of regular benefits paid plus the full...
Two (2) or more employers that have become liable for payments in lieu of contributions, in accordance with § 28-43-29, may file a joint application to the director for the establishment of a...
Notwithstanding any provisions in §§ 28-43-29 and 28-43-30, any nonprofit organization or group of organizations not required to be covered pursuant to
Benefits shall be payable from the fund and are paid through employment offices, or any other agencies that the director may designate, and the federal social security administration may approve,...
Whenever the day for payment of weekly benefit under this chapter falls upon a holiday, that weekly payment shall be made on either the day immediately preceding or the day immediately following...
Notwithstanding any provisions of chapters 42 -- 44 of this title to the contrary, the term wages as used in the phrase wages for employment from employers means, with reference to the benefit...
Wages earned by an employee for employment from employers which remain unpaid because the assets of the employer for whom that employment was rendered are in the custody or control of an assignee...
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(a) (1) The benefit rate payable under this chapter to any eligible individual with respect to any week of his or her total unemployment, when that week occurs within a benefit year, is, for...
For weeks beginning on or after July 1, 1983, an individual partially unemployed and eligible in any week shall be paid sufficient benefits with respect to that week, so that his or her week's...
For weeks beginning on or after July 1, 1983, an individual who has been totally unemployed and in receipt of benefits for two (2) or more successive weeks and returns to work prior to the end of...
Notwithstanding any provision of chapters 42 -- 44 of this title to the contrary, if the benefit year of an individual terminates prior to the end of a week in which he or she is totally or...
(a) An individual is not eligible for benefits for any week of his or her partial or total unemployment unless during that week he or she is physically able to work and available for work. To...
In claiming benefits under this chapter an employee shall, during each week of his or her unemployment, correctly report any wages received by him or her during that week and shall make those...
(a) Subject to subsection (e), the waiting period of any individual shall be either: (1) Seven (7) consecutive days, commencing with the Sunday of the week in which the claimant filed a claim...
(a) An individual is not entitled to benefits if he or she became unemployed because of a strike or other industrial controversy in the establishment in which he or she was employed; provided,...
An individual who leaves work voluntarily without good cause is ineligible for waiting period credit or benefits for the week in which the voluntary quit occurred and until he or she establishes...
(a) An individual is eligible for waiting period credit or benefits if that individual voluntarily leaves work due to circumstances directly resulting from domestic abuse, as defined in chapter...
An individual who has been discharged for proved misconduct connected with his or her work shall thereby become ineligible for waiting period credit or benefits for the week in which that...
(a) An individual is disqualified from receiving benefits for any week of his or her unemployment occurring within any period with respect to which that individual is currently receiving, or has...
An individual is 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...
(a) If an otherwise eligible individual fails, without good cause, either to apply for suitable work when notified by the employment office, or to accept suitable work when offered him or her, he...
An individual who has established eligibility for benefits by conforming to §§ 28-44-12 and 28-44-13 and who is otherwise eligible and who files a claim for waiting period credits or unemployment...
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(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,...
(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...
(a) (1) The director shall promptly determine: (i) Whether or not the claimant has met the eligibility requirements set forth in § 28-44-11. At that time, the director shall promptly notify...
If an appeal is filed by an employer, benefits shall be paid to an eligible claimant until that employer's appeal is finally determined; provided, that if the employer's appeal is finally...
(a) In any case in which the payment or denial of benefits will be affected by § 28-44-16, the director shall promptly transmit his or her full findings of fact with respect to that section to the...
To hear and decide disputed claims, the board of review may appoint one or more impartial referees, each of whom constitutes an appeal tribunal, to hear and decide appeals from determinations and...
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 time specified. The...
A reasonable opportunity for a fair hearing shall be afforded all interested parties, promptly. An appeal tribunal shall inquire into and develop all facts bearing on the issues and receive and...
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,...
After a hearing, an appeal tribunal shall make findings and conclusions promptly and on the basis of these, affirm, modify, or reverse the director's determination. Each party shall be furnished...
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...
(a) All final determinations and decisions are conclusive upon all parties in interest including the director. (b) The director, appeal tribunal, or board of review shall reopen a determination or...
Final decisions of the board of review and the principles of law declared in their support are binding in all subsequent proceedings involving similar questions, unless expressly or impliedly...
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 is deemed to be the decision of the board of review,...
Each party shall be furnished promptly a copy of the decision and the supporting findings and conclusions of the board of review. The decision is final unless any party in interest, including the...
The board of review and all parties to the proceedings before it are parties to the review proceedings. If the director is a party respondent, the petition is served by leaving with him or her, or...
The jurisdiction of the reviewing court is 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...
No agreement by any individual to waive his or her right to benefits or any other right under chapters 42 -- 44 of this title is valid. No agreement by any individual in the employ of any person...
(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...
Benefits which 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, as long as they...
(a) An individual filing a new claim for benefits shall, at the time of filing the claim, disclose whether or not he or she owes child support obligations as defined under subsection (g). If any...
(a) An individual filing a new claim for benefits on or after January 1, 1998, shall, at the time of filing the claim, be advised that: (1) Unemployment compensation is subject to federal and...
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...
Benefits to which an individual is entitled for any week of unemployment are not reduced by any holiday pay received by that individual where no services are performed on the holiday for which...
(a) Definitions. As used in this section, unless the context clearly requires otherwise: (1) Extended benefit period means a period which: (i) Begins with the third week after...
Benefits based on service in employment for nonprofit organizations, institutions of higher education, and hospitals, as defined in § 28-42-3(22), (23), and (24), are payable in the same amounts...
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Benefits are not 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 participate, for...
(a) Benefits are not 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...
(a) Benefits based on service in employment for nonprofit organizations and educational institutions and governmental entities covered by chapters 42 -- 44 of this title are payable in the same...
(a) Definitions. As used in this section, unless the context clearly requires otherwise: (1) Affected unit means a specified plant, department, shift, or other definable unit...
(a) Definitions. As used in this section, unless the context clearly requires otherwise: (1) Entrepreneurial training assistance program means a program administered by the director...
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...
(a) The council shall meet as often as may be necessary, but not less than five (5) times a year; may adopt rules and regulations; may establish additional standards for apprenticeship agreements;...
For the purpose of carrying out administerial duties the council may employ assistants and clerical personnel as are necessary, who work under the general supervision of the director of labor and...
The apprenticeship council as provided in § 28-45-2 functions within the department of labor and training as a separate organizational entity, as constituted, and with all the powers and duties...
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. ...
Related and supplemental instruction for apprentices, coordination of instruction with work experiences, and the selection of teachers and coordinators for that instruction is the responsibility...
Local and state joint apprenticeship committees may be approved in any trade or group of trades, in cities, regions of the state, or trade areas, by the council whenever the apprentice training...
A fee of one hundred twenty dollars ($ 120) shall be paid by each program sponsor, except those sponsors who are in registered school-to-career apprenticeship programs only, and or those sponsors...
For the purposes of this chapter: (1) Apprenticeship agreement means a written agreement between an apprentice and either his employer, or an apprenticeship committee acting as agent for...
This chapter applies to a firm, person, corporation, or organization of employees or an association of employers only after that person, firm, corporation, or organization of employees or...
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All apprenticeship agreements submitted for approval and registration with the council shall contain explicitly or by reference: (1) Names and signatures of the contracting parties (apprentice...
A fee of twenty four dollars ($ 24.00) shall be paid by each indentured apprentice, except those apprentices who are registered in school-to-career apprenticeship programs only, not registered as...
The apprenticeship program operates in conformance with state law, including the EEO standards and regulations. ...
Deregistration of a program may be effected upon the voluntary action of the sponsor by a request for cancellation of the registration, or upon reasonable cause, by the council instituting formal...
(a) When a sponsor of an apprenticeship program which is registered and operating in a neighboring state requests registration from the department to train apprentices for work projects in this...
Under a program proposed for registration by an employer or employers' association, and where the standards, collective bargaining agreement, or other instrument provides for participation by a...
This chapter shall be known and may be cited as the Private Nonvested Pension Benefits Protection Tax Act. ...
As used in this chapter: (1) Accrued portion of the normal retirement benefit means the amount of benefit credited by the employer to the account of an employee participating in a pension...
There is assessed upon every employer who ceases to operate a place of employment within this state a tax which is equal to the total amount of nonvested pension benefits of those employees of the...
Any employer who intends to cease to operate a place of employment within this state shall notify the director of that intention not later than six (6) months prior to the date the employer...
Upon receipt of notification, or upon his or her own initiative when that notification is not given as required, the director shall cause an investigation to be made of the employer to determine...
(a) As part of the investigation of an employer, the director shall determine the amount of nonvested pension benefits which have been compromised or settled to his or her satisfaction. (b)...
After the investigation of the employer, the director certifies to the tax administrator the total amount of nonvested pension benefits which are includable in determining an employer's tax...
The director shall maintain a separate record of each employee of an employer taxed under this chapter who had completed fifteen (15) years of covered service under the pension plan of the...
For the purposes of this chapter, the employment of any employee terminated within one year, or within a longer period prescribed by the director when he or she determines that an employer is...
The director may promulgate rules and regulations to provide for the efficient administration of this chapter applicable to him or her, or to clarify those provisions as may be necessary to...
The tax administrator is authorized to promulgate rules and regulations for the assessment and collection of the tax imposed by this chapter. ...
The funds of any employer which are set aside or reserved for benefits under a pension plan of the employer to which employees have a vested right shall not be liable to be seized or taken by...
(a) As used in this chapter the term employers includes: (1) Employers with related activity in a given industry employing persons who perform work in connection with the given industry;...
Any group consisting exclusively of employers may adopt a plan for group self-insurance, as a group, for the payment of compensation under this chapter to their employees. Under that plan the...
An employer participating in group self-insurance shall not be relieved from the liability for compensation prescribed by chapters 29 -- 38 of this title except by the payment of the liability by...
Each group self-insurer, in its application for group self-insurance, shall set forth the names and addresses of each of its officers, directors, trustees, and general manager. Notice of any...
If for any reason, the status of a group self-insurer under this chapter is terminated, the surety bond on deposit, trust fund, or other security referred to in § 28-47-2 remains in the custody of...
The director shall promulgate those rules and regulations that may be required to carry out the provisions of this chapter, including, without limitation, rules and regulations pertaining to...
(a) The director shall administer all matters relating to group self-insurance under this chapter. (b) The director shall assign each group self-insurer qualified under this chapter, to one of the...
To advise the director, there is an advisory committee for group self-insurance which consists of seven (7) members appointed by the governor. One of those members is named from the manufacturing...
The director annually, as soon as practicable after April first in each succeeding year, shall ascertain the total amount of expenses, including in addition to the direct costs of personal...
For the purpose of this chapter, the amount of surety bond, trust fund, or other adequate security required for group self-insurance plans is determined by the director by rule or regulation. If...
(a) Whenever the director determines that the compensation and benefits provided by this chapter may be unpaid by reason of the default of an insolvent group self-insurance plan, and the penal sum...
Each group self-insurer, except any group self-insurer composed of the state, municipal governments, governmental authorities of the state or municipalities, or quasi-municipal subdivisions of the...
No group may operate as a self insurer without maintaining both specific and aggregate reinsurance and or excess insurance in a form and with monetary limits approved by the director and from a...
A group self-insurer may constitute itself as any form of legal entity, including, but not limited to, a profit or nonprofit corporation or a partnership. That entity is not considered to be...
As used in this chapter: (1) Director means the director of the department of labor and training. (2) Employee means any full-time employee who works an average of thirty or more hours...
(a) Every employee who has been employed by the same employer for twelve (12) consecutive months is entitled, upon advance notice to his or her employer, to thirteen (13) consecutive work weeks of...
(a) Every employee who exercises his or her right to parental leave or family leave under this chapter, upon the expiration of that leave, is entitled to be restored by the employer to the...
(a) The taking of parental leave or family leave pursuant to this chapter shall not result in the loss of any benefit accrued before the date on which the leave commenced. (b) Except as provided...
(a) It is unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by this chapter. (b) It is unlawful for any employer to...
A civil action may be brought in the superior court by an employee or by the director against any employer to enforce this title or of any order issued by the director pursuant to § 28-48-7. The...
Any employer who violates any provision of this chapter or of any order issued pursuant to § 28-48-7 is subject to a civil penalty of not more than one thousand dollars ($ 1,000). In the case of a...
If any provision of this chapter or the application of any provision to any person or circumstance is held to be invalid by any court of competent jurisdiction, that invalidity shall not affect...
(a) Each employer shall post and keep posted, in conspicuous places upon its premises where notices to employees and applicants for employment are customarily posted, a notice, to be approved by...
Any employer who allows sick time or sick leave of an employee to be utilized after the birth of a child shall allow the same time to be used for the placement of a child sixteen (16) years of age...
(a) An employee who has been employed by the same employer for twelve (12) consecutive months is entitled to a total of ten (10) hours of leave during any twelve (12) month period to attend school...
This chapter shall be known and may be cited as the Rhode Island Disaster Service Volunteer Leave Act. ...
As used in this chapter: (1) Disaster means a fire, flood, hurricane, blizzard, tornado, or other catastrophic occurrence where the victims cannot recover without assistance. Applicable...
(a) Any state employee who is a certified disaster volunteer of the American Red Cross may be granted leave work with pay for not more than ten (10) working days each calendar year to participate...
This chapter may be cited as the Rhode Island Whistleblowers' Protection Act. ...
As used in this chapter: (1) Employee means a person employed by any employer, and shall include, but not be limited to, at-will employees, contract employees, and independent contractors....
An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment: (1)...
(a) A person who alleges a violation of this act may bring a civil action for appropriate injunctive relief, or actual damages, or both within three (3) years after the occurrence of the alleged...
A court, in rendering a judgment in an action brought under this act, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement...
This chapter shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement. ...
This chapter shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing or inquiry held by a public body in accordance with § 28-50-3. ...
An employer shall post notices and use other appropriate means to keep his or her employees informed of their protections and obligations under this chapter. ...
If any provision of this chapter or the application of any provision to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect...
As used in this chapter: (1) Employer means any entity employing fifty (50) or more employees. (2) Sexual harassment means any unwelcome sexual advances or requests for sexual favors or...
(a) All employers and employment agencies shall promote a workplace free of sexual harassment. (b) Every employer shall: (1) Adopt a policy against sexual harassment which includes: (i) A...
Employers are encouraged to conduct an education and training program on sexual harassment consistent with the aims and purposes of this chapter for all employees, including, but not limited to,...
This chapter shall be known and may be cited as The Rhode Island Workplace Violence Prevention Act of 2001. ...
(a) If an employer, or an employer's employee(s) or invitee(s) have: (1) suffered unlawful violence by an individual; or (2) received a threat of violence by an individual which can reasonably be...
If any provision of this chapter or its application to any person or circumstance is held to be invalid by any court of competent jurisdiction, that invalidity shall not affect other provisions or...
It is the duty of the director of labor and training, whenever any person informs the director of his or her inability to obtain employment, to register the name of the person in the office of the...
All persons required to work under this chapter shall receive compensation of not less than the wage or salary paid to others engaged in the same nature of work to which each person is assigned....
Any person failing or refusing to do, or to continue to do, the work assigned to him or her, or who has not become regularly or continuously employed in some lawful, useful and recognized...
As soon as the proclamation has been issued as provided in § 28-2-1, it is the duty of the director of labor and training to prepare and publish rules and regulations governing the assignment of...
After the issuance of the proclamation in § 28-2-1, it is the duty of the sheriffs and deputy sheriffs of the respective counties and of any other officer, state, county, or municipality charged...
The director of labor and training is authorized to appoint or employ any employees that may be necessary, and to use any agencies that may be available and appropriate, to aid him or her in...
This chapter does not apply to persons temporarily unemployed by reason of differences with their employers, nor to bona fide students during the school term, nor to persons fitting themselves to...
For the purposes of this chapter, any person described in § 28-2-1 found in this state is deemed a resident, and in any prosecution under this chapter, proof that the accused habitually loiters in...
No child under fourteen (14) years of age shall be employed or permitted or suffered to work at any time in any business or industrial establishment in this state. No child under sixteen (16)...
The school committee of each town and city, or a person that the school committee may designate, may issue a special limited permit to work for any child who has completed fourteen (14) years of...
The school committee of each city and town is authorized to adopt and implement a school-supervised and school-administered work experience and career exploration program (WECEP). Students who...
The permit of any child issued pursuant to § 28-3-3 may be revoked or suspended by the school committee which issued the permit if, upon the recommendation of the principal of the school which the...
The permit shall, within five (5) days after termination of the employment of the child, be returned by the employer to the school committee which issued it, or to a person that the committee...
In case it appears to the satisfaction of the school committee, or person authorized to give the certificate, that neither the birth certificate, baptismal certificate, nor passport of the child...
All certificates of age and permits required by this chapter relating to the qualification of children employed in any factory, or manufacturing, or business establishment coming under this...
If, after investigation, the inspector finds that the certificate or permit should not have been issued to the child under this chapter, then he or she shall deliver the certificate or permit to...
Every person, firm or corporation doing business within this state employing five (5) or more persons, or employing any child under sixteen (16) years of age, is subject to §§ 28-3-1 -- 28-3-20...
No minor under sixteen (16) years of age shall be employed or permitted to work in operating or assisting in operating any of the following machines: circular or bandsaws, wood shapers, wood...
The department of labor and training is empowered and is hereby authorized, under any rules that it may determine, to declare any particular work, occupation, trade, place, or process injurious,...
(a) No children under sixteen (16) years of age shall be employed or permitted or suffered to work more than forty (40) hours in any one week in any business or mercantile establishment within...
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Every employer shall post, in one or more places in his or her establishment where it may be easily seen and read by all employees employed by him or her, a printed or typewritten notice stating...
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(a) (1) No man, woman, or child shall be employed for more than six (6) hours at one time in a factory, workshop, mechanical, or mercantile establishment without an interval of at least twenty...
Every person who willfully employs or has in his employ or under his charge any person in violation of §§ 28-3-11 -- 28-3-14, and every parent or guardian who permits any child to be so employed,...
The division of labor standards has full power to enforce §§ 28-3-1 -- 28-3-20, and has all the powers of the division of compliance inspection insofar as those powers relate to and affect women...
A printed copy of §§ 28-3-1 -- 28-3-20 shall be posted by the inspectors in each workroom of every factory, manufacturing, or mercantile establishment where persons are employed who are affected...
(a) Except as otherwise specifically provided, any person or corporation who employs a child under sixteen (16) years of age without the permit required by § 28-3-3, or who makes a false statement...
No boy under twelve (12) years of age and no girl under sixteen (16) years of age shall, in any street or other public place in any city having a population of over forty thousand (40,000)...
No boy or girl under sixteen (16) years of age shall, in any of the places mentioned or described in § 28-3-21, perform any act mentioned or described in that section until a permit and a badge...
A permit and badge shall be issued only upon the application of the parent, guardian, or other person having the custody of the boy or girl desiring the permit and badge, or, in case the boy or...
The permit and badge of any boy or girl who gives, loans, sells, or otherwise transfers either his or her permit or badge, or who violates any of the provisions of §§ 28-3-21 -- 28-3-32, or who...
The principal of each school in which boys and girls under sixteen (16) years of age are pupils shall keep a complete list of all boys and girls in his or her school to whom permits and badges...
The practice or policy of discrimination against individuals because of their race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of...
It is the public policy of this state to foster the employment of all individuals in this state in accordance with their fullest capacities, regardless of their race or color, religion, sex,...
This chapter shall be deemed an exercise of the police power of the state for the protection of the public welfare, prosperity, health, and peace of the people of the state. ...
The right of all individuals in this state to equal employment opportunities, regardless of race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or...
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When used in this chapter: (1) Age means at least forty (40) years of age. (2) Because of sex or on the basis of sex includes, but is not limited to, because of or on the basis of...
It is an unlawful employment practice: (1) For any employer: (i) To refuse to hire any applicant for employment because of his or her race or color, religion, sex, disability, age, sexual...
It is not unlawful for an employer as defined in § 28-5-6(7)(i) or any agency or instrumentality of the state or a political subdivision of the state to fail or refuse to hire or to discharge any...
(a) An unlawful employment practice prohibited by § 28-5-7 may be established by proof of disparate impact. An unlawful employment practice by proof of disparate impact is established when: (1)...
An unlawful employment practice may be established in an action or proceeding under this chapter when the complainant demonstrates that race, color, religion, sex, sexual orientation, gender...
There is created a commission to be known as the Rhode Island commission for human rights, consisting of seven (7) members to be appointed by the governor, with the advice and consent of the...
The five (5) commissioners appointed before July 12, 1990, shall serve the remainder of their terms. One of the two (2) new commissioners to be appointed after July 12, 1990, serve for five (5)...
Three (3) members of the commission constitute a quorum for the purpose of conducting the business of the commission. A vacancy in the commission does not impair the right of the remaining members...
Members of the commission receive compensation not exceeding fifty dollars ($ 50.00) for each day, or part of each day, necessarily spent in the discharge of their official duties, with a maximum...
Any member of the commission may be removed by the governor for inefficiency, neglect of duty, misconduct, or malfeasance in office, after being given a written statement of the charges and an...
In order to eliminate prejudice among the various ethnic groups in this state and to further good will among those groups, the commission and the state department of elementary and secondary...
The testimony taken at the hearing shall be under oath and shall be reduced to writing and filed with the commission. Thereafter, in its discretion, the commission, upon notice, may take further...
(a) If, upon all the testimony taken, the commission determines that the respondent has engaged in or is engaging in unlawful employment practices, the commission shall state its findings of fact...
(a) A complainant may ask for a right to sue in state court if not less than one hundred and twenty (120) days and not more than two (2) years have elapsed from the date of filing of a charge, if...
If the commission finds that no probable cause exists for crediting the charges, or, if upon all the evidence, it finds that a respondent has not engaged in unfair employment practices, the...
Until a transcript of the record in a case is filed in a court as provided in this chapter, the commission may at any time, upon reasonable notice and in a manner that it deems proper, modify or...
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Any complainant, intervener, or respondent claiming to be aggrieved by a final order of the commission may obtain judicial review of the order, and the commission or any party may obtain an order...
A judicial proceeding is initiated by the filing of a petition in the superior court, together with a transcript of the record upon the hearing before the commission, and the service of a copy of...
In addition to the remedies provided in § 28-5-24, where the challenged conduct is shown to be motivated by malice or ill will or when the action involves reckless or callous indifference to the...
An objection that has not been urged before the commission, its member, or agent is not considered by the court, unless the failure or neglect to urge the objection is excused because of...
The commission may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed. The commission shall file the modified or new findings and its...
The jurisdiction of the court is exclusive and its judgment and order are, when necessary, subject to review by the supreme court as provided by law, to which an appeal from the judgment and order...
The commission's copy of the testimony shall be available at all reasonable times to all parties without cost for examination and for the purposes of judicial review of the order of the...
The commission may appear in court by its own attorneys. ...
If no proceeding to obtain judicial review is instituted by a complainant, intervener, or respondent within thirty (30) days from the service of an order of the commission pursuant to § 28-5-24,...
Every employer, employment agency, and labor union subject to this chapter shall post in a conspicuous place or places on its premises a notice to be prepared or approved by the commission, which...
If any clause, sentence, paragraph, or part of this chapter or the application thereof to any person or circumstance, is, for any reason, adjudged by a court of competent jurisdiction to be...
On February 1 of each year the governor, in conjunction with the state equal opportunity office, submits to the general assembly a report documenting the status of affirmative action programs for...
Whenever in this chapter the terms, race or color, religion, sex, disability, age or country of ancestral origin appear, the words sexual orientation shall be inserted immediately thereafter. ...
Every employer of labor, and every person engaged in any industrial pursuit, shall give the director of labor and training all proper and necessary information to enable the director to perform...
The director of labor and training may employ assistants and incur expenses incident to the proper discharge of the duties of his or her office, and the general assembly shall appropriate annually...
It is the duty of every able-bodied resident of this state between the ages of eighteen (18) and fifty (50) years to be habitually and regularly engaged in some lawful, useful, and recognized...
In no case shall the possession by the accused of money, property, or income sufficient to support himself or herself and those regularly dependent upon him or her be a defense to any prosecution...
A claim by the accused of his or her inability to obtain work or employment is not a defense to a prosecution under this chapter, unless it is proved that the accused promptly notified the...
It is the duty of the director of labor and training, whenever any person informs the director of his or her inability to obtain employment, to register the name of the person in the office of the...
All persons required to work under this chapter shall receive compensation of not less than the wage or salary paid to others engaged in the same nature of work to which each person is assigned....
Any person failing or refusing to do, or to continue to do, the work assigned to him or her, or who has not become regularly or continuously employed in some lawful, useful and recognized...
As soon as the proclamation has been issued as provided in § 28-2-1, it is the duty of the director of labor and training to prepare and publish rules and regulations governing the assignment of...
After the issuance of the proclamation in § 28-2-1, it is the duty of the sheriffs and deputy sheriffs of the respective counties and of any other officer, state, county, or municipality charged...
The director of labor and training is authorized to appoint or employ any employees that may be necessary, and to use any agencies that may be available and appropriate, to aid him or her in...
This chapter does not apply to persons temporarily unemployed by reason of differences with their employers, nor to bona fide students during the school term, nor to persons fitting themselves to...
For the purposes of this chapter, any person described in § 28-2-1 found in this state is deemed a resident, and in any prosecution under this chapter, proof that the accused habitually loiters in...
No child under fourteen (14) years of age shall be employed or permitted or suffered to work at any time in any business or industrial establishment in this state. No child under sixteen (16)...
The school committee of each town and city, or a person that the school committee may designate, may issue a special limited permit to work for any child who has completed fourteen (14) years of...
The school committee of each city and town is authorized to adopt and implement a school-supervised and school-administered work experience and career exploration program (WECEP). Students who...
The permit of any child issued pursuant to § 28-3-3 may be revoked or suspended by the school committee which issued the permit if, upon the recommendation of the principal of the school which the...
The permit shall, within five (5) days after termination of the employment of the child, be returned by the employer to the school committee which issued it, or to a person that the committee...
In case it appears to the satisfaction of the school committee, or person authorized to give the certificate, that neither the birth certificate, baptismal certificate, nor passport of the child...
All certificates of age and permits required by this chapter relating to the qualification of children employed in any factory, or manufacturing, or business establishment coming under this...
If, after investigation, the inspector finds that the certificate or permit should not have been issued to the child under this chapter, then he or she shall deliver the certificate or permit to...
Every person, firm or corporation doing business within this state employing five (5) or more persons, or employing any child under sixteen (16) years of age, is subject to §§ 28-3-1 -- 28-3-20...
No minor under sixteen (16) years of age shall be employed or permitted to work in operating or assisting in operating any of the following machines: circular or bandsaws, wood shapers, wood...
The department of labor and training is empowered and is hereby authorized, under any rules that it may determine, to declare any particular work, occupation, trade, place, or process injurious,...
(a) No children under sixteen (16) years of age shall be employed or permitted or suffered to work more than forty (40) hours in any one week in any business or mercantile establishment within...
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Every employer shall post, in one or more places in his or her establishment where it may be easily seen and read by all employees employed by him or her, a printed or typewritten notice stating...
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(a) (1) No man, woman, or child shall be employed for more than six (6) hours at one time in a factory, workshop, mechanical, or mercantile establishment without an interval of at least twenty...
Every person who willfully employs or has in his employ or under his charge any person in violation of §§ 28-3-11 -- 28-3-14, and every parent or guardian who permits any child to be so employed,...
The division of labor standards has full power to enforce §§ 28-3-1 -- 28-3-20, and has all the powers of the division of compliance inspection insofar as those powers relate to and affect women...
A printed copy of §§ 28-3-1 -- 28-3-20 shall be posted by the inspectors in each workroom of every factory, manufacturing, or mercantile establishment where persons are employed who are affected...
(a) Except as otherwise specifically provided, any person or corporation who employs a child under sixteen (16) years of age without the permit required by § 28-3-3, or who makes a false statement...
No boy under twelve (12) years of age and no girl under sixteen (16) years of age shall, in any street or other public place in any city having a population of over forty thousand (40,000)...
No boy or girl under sixteen (16) years of age shall, in any of the places mentioned or described in § 28-3-21, perform any act mentioned or described in that section until a permit and a badge...
A permit and badge shall be issued only upon the application of the parent, guardian, or other person having the custody of the boy or girl desiring the permit and badge, or, in case the boy or...
The permit and badge of any boy or girl who gives, loans, sells, or otherwise transfers either his or her permit or badge, or who violates any of the provisions of §§ 28-3-21 -- 28-3-32, or who...
The principal of each school in which boys and girls under sixteen (16) years of age are pupils shall keep a complete list of all boys and girls in his or her school to whom permits and badges...
The officers authorized by § 28-3-22 to issue permits and badges, probation officers, the principals of all public schools, and police officers shall enforce §§ 28-3-21 -- 28-3-32. A complaint of...
Any child who violates any of the provisions of §§ 28-3-21 -- 28-3-32 shall be warned by an officer whose duty it is to enforce those sections; and the parents, guardian, custodian, or next friend...
Any person having control over a child as parent, guardian, or otherwise, who permits or allows the child to violate any of the provisions of §§ 28-3-21 -- 28-3-32, shall, for each offense...
The general assembly shall annually appropriate a sum that it deems necessary for the purpose of purchasing the badges required to be issued under §§ 28-3-21 -- 28-3-32, and the state controller...
No police officer, probation officer, truant officer, or principal of a school complaining under any of the provisions of this chapter is required to give surety for costs; and these persons shall...
Any minor who is sixteen (16) years of age or over, or who, being under sixteen (16) years of age, has a limited permit to work given him or her by or under the direction of the school committee...
Every indenture shall be signed: (1) By the minor; (2) By the parents, or either one of them, as the natural guardians or guardian of the minor; or by the appointed legal guardian of the...
Every indenture contains: (1) The names of the parties; (2) The date of birth of the minor; (3) A statement of the trade, craft, or business which the minor is to be taught; (4) An...
In every case there shall be three (3) deeds in the same form and tenor, executed by all parties, one to be kept by each. ...
All indentures made in accordance with §§ 28-4-1 -- 28-4-4 are good and effectual in law against all parties and the minor, according to the tenor of the indenture, except for any provisions that...
Whenever a petition or complaint in writing and under oath is made to any judge of the district court that any master or apprentice, within a division where the court is situated, has willfully...
Upon the hearing of a petition or complaint, the court may determine the controversy or matter complained of in a summary way, and discharge either party from the indenture and contract of...
This chapter may be cited as the State Fair Employment Practices Act. ...
The practice or policy of discrimination against individuals because of their race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of...
It is the public policy of this state to foster the employment of all individuals in this state in accordance with their fullest capacities, regardless of their race or color, religion, sex,...
This chapter shall be deemed an exercise of the police power of the state for the protection of the public welfare, prosperity, health, and peace of the people of the state. ...
The right of all individuals in this state to equal employment opportunities, regardless of race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or...
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When used in this chapter: (1) Age means at least forty (40) years of age. (2) Because of sex or on the basis of sex includes, but is not limited to, because of or on the basis of...
It is an unlawful employment practice: (1) For any employer: (i) To refuse to hire any applicant for employment because of his or her race or color, religion, sex, disability, age, sexual...
It is not unlawful for an employer as defined in § 28-5-6(7)(i) or any agency or instrumentality of the state or a political subdivision of the state to fail or refuse to hire or to discharge any...
(a) An unlawful employment practice prohibited by § 28-5-7 may be established by proof of disparate impact. An unlawful employment practice by proof of disparate impact is established when: (1)...
An unlawful employment practice may be established in an action or proceeding under this chapter when the complainant demonstrates that race, color, religion, sex, sexual orientation, gender...
There is created a commission to be known as the Rhode Island commission for human rights, consisting of seven (7) members to be appointed by the governor, with the advice and consent of the...
The five (5) commissioners appointed before July 12, 1990, shall serve the remainder of their terms. One of the two (2) new commissioners to be appointed after July 12, 1990, serve for five (5)...
Three (3) members of the commission constitute a quorum for the purpose of conducting the business of the commission. A vacancy in the commission does not impair the right of the remaining members...
Members of the commission receive compensation not exceeding fifty dollars ($ 50.00) for each day, or part of each day, necessarily spent in the discharge of their official duties, with a maximum...
Any member of the commission may be removed by the governor for inefficiency, neglect of duty, misconduct, or malfeasance in office, after being given a written statement of the charges and an...
In order to eliminate prejudice among the various ethnic groups in this state and to further good will among those groups, the commission and the state department of elementary and secondary...
The commission is authorized to accept contributions from any person and may seek and enlist the cooperation of private charitable, religious, labor, civic, and benevolent organizations for the...
The commission is empowered and directed, as provided in this chapter, to prevent any person from engaging in unlawful employment practices, provided that before instituting the formal hearing...
Upon the commission's own initiative, or whenever an aggrieved individual or an organization chartered for the purpose of combating discrimination, racism, or of safeguarding civil liberties, or...
(a) If the commission fails to effect the elimination of the unlawful employment practices and to obtain voluntary compliance with this chapter, or, if the circumstances warrant, in advance of any...
(a) The commission, member of the commission, or hearing examiner conducting the hearing has the power reasonably and fairly to amend any written complaint at any time prior to the issuance of an...
(a) The commission is not precluded from investigating, taking evidence, considering claims or issuing findings on matters which could have been presented to any other state administrative agency,...
In any proceeding the commission, its member, or its agent are not bound by the rules of evidence prevailing in the courts. ...
The commission, in ascertaining the practices followed by the respondent, takes into account all evidence, statistical or otherwise, which may tend to prove the existence of a predetermined...
The testimony taken at the hearing shall be under oath and shall be reduced to writing and filed with the commission. Thereafter, in its discretion, the commission, upon notice, may take further...
(a) If, upon all the testimony taken, the commission determines that the respondent has engaged in or is engaging in unlawful employment practices, the commission shall state its findings of fact...
(a) A complainant may ask for a right to sue in state court if not less than one hundred and twenty (120) days and not more than two (2) years have elapsed from the date of filing of a charge, if...
If the commission finds that no probable cause exists for crediting the charges, or, if upon all the evidence, it finds that a respondent has not engaged in unfair employment practices, the...
Until a transcript of the record in a case is filed in a court as provided in this chapter, the commission may at any time, upon reasonable notice and in a manner that it deems proper, modify or...
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Any complainant, intervener, or respondent claiming to be aggrieved by a final order of the commission may obtain judicial review of the order, and the commission or any party may obtain an order...
A judicial proceeding is initiated by the filing of a petition in the superior court, together with a transcript of the record upon the hearing before the commission, and the service of a copy of...
In addition to the remedies provided in § 28-5-24, where the challenged conduct is shown to be motivated by malice or ill will or when the action involves reckless or callous indifference to the...
An objection that has not been urged before the commission, its member, or agent is not considered by the court, unless the failure or neglect to urge the objection is excused because of...
The commission may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed. The commission shall file the modified or new findings and its...
The jurisdiction of the court is exclusive and its judgment and order are, when necessary, subject to review by the supreme court as provided by law, to which an appeal from the judgment and order...
The commission's copy of the testimony shall be available at all reasonable times to all parties without cost for examination and for the purposes of judicial review of the order of the...
The commission may appear in court by its own attorneys. ...
If no proceeding to obtain judicial review is instituted by a complainant, intervener, or respondent within thirty (30) days from the service of an order of the commission pursuant to § 28-5-24,...
Every employer, employment agency, and labor union subject to this chapter shall post in a conspicuous place or places on its premises a notice to be prepared or approved by the commission, which...
If any clause, sentence, paragraph, or part of this chapter or the application thereof to any person or circumstance, is, for any reason, adjudged by a court of competent jurisdiction to be...
On February 1 of each year the governor, in conjunction with the state equal opportunity office, submits to the general assembly a report documenting the status of affirmative action programs for...
Whenever in this chapter the terms, race or color, religion, sex, disability, age or country of ancestral origin appear, the words sexual orientation shall be inserted immediately thereafter. ...
Whenever in this chapter there shall appear the terms race or color, religion, sex, handicap, age, country of ancestral origin, or sexual orientation there shall be inserted immediately...
The fact that an individual has applied for, received or continues to receive private insurance or government assistance on the basis of a physical or mental impairment does not, by itself,...
(a) (1) Equal opportunity and affirmative action toward its achievement is the policy of all units of Rhode Island state government, including all public and quasi-public agencies, commissions,...
(a) There shall be a state equal opportunity office. This office, under the direct administrative supervision of the director of administration/human resources, reports to the governor and to the...
(a) The state equal opportunity office shall assign an equal opportunity officer as a liaison to agencies of state government. (b) Each state department or agency, excluding the legislative branch...
(a) The general assembly finds that, as a matter of public policy, the effectiveness of each appointed state board, commission, and the governing body of each public authority and quasi-public...
(a) The state equal opportunity administrator is authorized to initiate complaints against any agencies, administrators, or employees of any department or division within state government,...
Each appointing authority shall review the recruitment, appointment, assignment, upgrading, and promotion policies and activities for state employees without regard to race, color, religion, sex,...
(a) (1) The office of personnel administration of the department of administration prepares a comprehensive plan indicating the appropriate steps necessary to maintain and secure the equal...
(a) Every state agency shall render service to the citizens of this state without discrimination based on race, color, religion, sex, sexual orientation, gender identity or expression, age,...
(a) All educational programs and activities of state agencies, or in which state agencies participate, shall be open to all qualified persons without regard to race, color, religion, sex, sexual...
All state agencies, including educational institutions, which provide employment referral or placement services to public or private employees, shall accept job orders, refer for employment, test,...
The division of purchases shall prepare those rules, regulations, and compliance reports that require of contractors of this state the same commitment to equal opportunity that prevails under...
The attorney general, the department of corrections, and the Rhode Island justice commission shall stress to state and local law enforcement officials the necessity for nondiscrimination in the...
The state equal opportunity office shall review the equal opportunity activity of all private health care facilities licensed or chartered by the state, including hospitals, nursing homes,...
State agencies shall not discriminate by considering race, color, religion, sex, age, national origin, or disability in granting, denying, or revoking a license or charter, nor shall any person,...
State agencies disbursing financial assistance, including, but not limited to, loans and grants, shall hereafter require recipient organizations and agencies to undertake affirmative action...
All executive orders shall, to the extent that they are not inconsistent with this chapter, remain in full force and effect. ...
(a) The personnel administrator, in consultation with the equal employment opportunity administrator within the department of administration, shall annually conduct a utilization analysis of...
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(a) Director as used in §§ 28-6-17 -- 28-6-21 means the director of labor and training. (b) Employee means any person employed for hire by any employer in any lawful employment, but does not...
The director of labor and training has the power and the duty to carry out the provisions of §§ 28-6-17 -- 28-6-21. ...
An employer who violates the provisions of § 28-6-18 is liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages....
Any employer who violates any provision of §§ 28-6-17 -- 28-6-21, or who discharges or in any other manner discriminates against any employee because the employee has made any complaint to his or...
(a) No employer or agent of any employer shall, either orally or in writing, request, require, or subject any employee to any lie detector tests as a condition of employment or continued...
Any employer who subjects any person employed by him or her, or any person applying for employment, to a lie detector test, or causes, directly or indirectly, any employee or applicant to take a...
As used in this chapter, the term lie detector test means any test utilizing a polygraph or any other device, mechanism, instrument, or written examination which is operated or the results of...
(a) Whenever any employer requires a physical examination prior to employment, the cost of the examination shall be paid by the employer whether or not the prospective employee is hired. (b) Any...
No employer or agent of any employer shall charge a fee for the filing of an employment application. ...
Any employer who charges a fee for the filing of an employment application shall be punished by a fine of not more than two hundred dollars ($ 200). ...
(a) Every employer shall, upon not less than seven (7) days advance notice, holidays, Saturdays, and Sundays excluded, and at any reasonable time other than the employee's work hours and upon...
Any employer or any agent of an employer who violates the provisions of this chapter without just cause shall be fined not more than one hundred dollars ($ 100). ...
(a) No employer or agent of any employer shall, either orally or in writing, request, require, or subject any employee to submit a sample of his or her urine, blood, or other bodily fluid or...
If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the...
(a) No employer, employment agency, or licensing agency shall directly or indirectly: (1) Request, require or administer a genetic test to any employee, licensee, or applicant for employment or...
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For the purposes of this chapter: (1) Employer includes the state, and all political subdivisions of the state, and any person in this state employing individuals, and any person acting in...
In any civil action alleging a violation of this chapter, the court may: (1) Award to a prevailing applicant or employee punitive damages in addition to any award of actual damages, and...
If any provision of this chapter or the application of any provision to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the...
Any contract or agreement, which purports to waive the provisions of this chapter, is declared null and void as against public policy. ...
No employer shall release the name, address, or otherwise breach the confidentiality of information obtained through an employee's participation in an employer assistance program, except where the...
In any civil action alleging a violation of this chapter, the court may: (1) Award to a prevailing plaintiff punitive damages in addition to any award of actual damages, and reasonable...
No employer or agent of any employer shall request or require any applicant for employment to provide copies of his or her federal or state income tax return, W-2 statement or related tax...
In any civil action alleging a violation of this chapter, the court may: (1) Award to a prevailing applicant punitive damages in addition to any award of actual damages and reasonable...
When used in the chapter: (1) Employment agency includes any person undertaking with or without compensation to procure opportunities to work, or to procure, recruit, refer, or place...
(a) Before any temporary employee is given any new job assignment regardless of whether or not the assignment is with the same contracting company, an employment agency shall provide the temporary...
Upon determining that a person has violated § 28-6.10-3, the department of labor and training shall send a written notice of the violation to the person at his or her last known address containing...
This chapter shall be known and may be cited and referred to as the Rhode Island State Labor Relations Act. ...
(a) The economic necessity for employees to possess full freedom of association, actual liberty of contract, and bargaining power equal to that of their employers, who are frequently organized in...
When used in this chapter: (1) Board means the labor relations board created by § 28-7-4. (2) Company union means any committee employee representation plan or association of employees...
There is created in the department of labor and training a board to be known as the Rhode Island state labor relations board, composed of seven (7) members appointed by the governor, by and with...
A vacancy in the board does not impair the right of the remaining members to exercise all the powers of the board, and two (2) members of the board constitute a quorum at all times.. The board may...
The board shall, at the end of every year, make a report in writing to the director of labor and training, stating in detail the work it has done in hearing and deciding cases and otherwise, and...
The compensation for members of the board is established by the unclassified pay plan board. The director of labor and training is authorized and directed to provide the board with any clerical,...
The board may meet and exercise any or all of its powers at any place within the state. The board may, by one or more of its members or by those agents or agencies that it may designate, conduct...
(a) The board has authority from time to time to make, amend, and rescind any rules and regulations that may be necessary to carry out the provisions of this chapter, including the determination...
Notwithstanding the provisions of any other law, neither the director of labor and training nor any board or other agency of the department of labor and training shall in any way direct, review,...
Employees have the right of self organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted...
It is an unfair labor practice for an employer: (1) To spy upon or keep under surveillance, whether directly or through agents or any other person, any activities of employees or their...
It is an unfair labor practice for public sector employee organizations, their agents, or representatives: (1) To refuse to meet and bargain collectively with a public employer if the labor...
Representatives designated or selected for the purpose of collective bargaining by the majority of the employees in a unit appropriate for this purpose, or by the majority of the employees voting...
The board shall decide in each case whether, in order to insure to employees the full benefit of their right to self organization, to collective bargaining, and otherwise to effectuate the...
The board has power to determine who may participate in the election and to establish the rules governing the election. No election shall be directed by the board solely because of the request of...
If at an election conducted pursuant to §§ 28-7-14 -- 28-7-19, three (3) or more nominees for exclusive collective bargaining representatives appear on the ballot and no one of them receives a...
A labor organization nominated as the representative of employees shall be listed by name on the ballots authorized by § 28-7-16. In any investigation conducted by the board pursuant to §§ 28-7-14...
(a) No business combination transaction shall result in the termination or impairment of the provisions of any labor contract covering persons engaged in employment in the state negotiated by a...
(a) As used in this section, the following words, unless the context clearly requires otherwise, have the following meanings: (1) Control means the beneficial ownership of fifty percent (50%)...
The board is empowered and directed, as provided in this chapter, to prevent any employer, or public sector employee organization as provided in § 28-7-13.1, from engaging in any unfair labor...
(a) The testimony shall be taken at the hearing and the board in its discretion may upon notice take further testimony or hear argument. The taken or heard testimony shall not be reduced to...
Until a transcript of the record in a case has been filed in a court, as subsequently provided in this chapter, the board may at any time, upon reasonable notice and in a manner that it deems...
The board shall not require as a condition of taking action or issuing any order under this chapter that employees on strike or engaged in any other lawful, concerted activity discontinue that...
The board shall consider all complaints or petitions filed with it and conduct all proceedings under this chapter with all possible expedition. ...
The board has power to petition the superior court of the state within the county where the unfair labor practice in question occurred or where any person charged with the unfair labor practice...
No objection that has not been urged before the board, its member, agent, or agency shall be considered by the court, unless the failure or neglect to urge the objection is excused because of...
The jurisdiction of the superior court is exclusive and its judgment final, except that the judgment is subject to review by the supreme court on appeal by either party, irrespective of the nature...
Any person aggrieved by a final decision of the board, or a final order of the board, granting or denying in whole or in part the relief sought may obtain a review of the final decision or final...
The commencement of proceedings under §§ 28-7-26 and 28-7-29 shall not, unless specifically ordered by the court, operate as a stay of the board's order. ...
When granting appropriate temporary relief or a restraining order, or making and entering a decree enforcing, modifying and enforcing as modified, or setting aside in whole or in part an order of...
Petitions filed under this chapter shall be heard expeditiously and are considered and determined upon the transcript filed, without requirement of printing. Upon the filing of a record in the...
For the purpose of all hearings and investigations which, in the opinion of the board, are necessary and proper for the exercise of the powers vested in it by §§ 28-7-14 -- 28-7-25, the board, or...
In case of contumacy or refusal to obey a subpoena issued to any person, the superior court of any county within the jurisdiction of which the inquiry is carried on or within the jurisdiction of...
No person shall be excused from attending and testifying or from producing books, records, correspondence, documents, or other evidence in obedience to the subpoena of the board on the ground that...
(a) Complaints, orders, and other process and papers of the board, its member, agent, or agency, may be served either personally or by registered or certified mail or by telegraph or by leaving a...
All process of any court to which application may be made under this chapter may be served in the county where the person or persons required to be served reside or may be found. ...
The several departments, commissions, divisions, authorities, boards, bureaus, agencies, and officers of the state or any political subdivision or agency of it shall furnish the board, upon its...
Subject to rules and regulations to be made by the board, the complaints, orders, and testimony relating to a proceeding instituted by the board under §§ 28-7-20 -- 28-7-25 may be made public...
Prior to the fifteenth day of November of each year, the director of labor and training shall submit to the director of administration for his or her approval an estimated budget of the...
The general assembly shall annually appropriate the sum that it deems necessary to carry out the purposes of this chapter; and the controller is authorized and directed to draw his or her orders...
Insofar as the provisions of this chapter are inconsistent with any other general, special, or local law, the provisions of this chapter are controlling. ...
(a) This chapter does not apply to the employees of any employer who concedes to and agrees with the board that the employees are subject to and protected by the provisions of the National Labor...
Nothing in this chapter shall be construed in a way that interferes with, impedes, or diminishes in any way the right of employees to strike or engage in other lawful, concerted activities. ...
Except for state payments to health care providers pursuant to the medical assistance program in chapter 8 of title 40 and the RITE Start program in § 23-13-18, the state of Rhode Island or any...
Whenever any employer has entered into a collective bargaining agreement with a labor organization or association of employees providing for payments to a health or welfare fund or pension fund,...
The director of labor and training shall enforce § 28-7.1-1. ...
The term health or welfare fund or pension fund or other plan for the benefit of employees includes any plan, trust, or fund established by an employer organization, or by an employer and a...
Suits or actions at law for the violation by an employer of contracts of employment between the employer and his or her employees who are represented by a labor union as their legally constituted...
Labor organizations may sue as a legal entity for the benefit and on behalf of the employees whom it represents in the superior court of the state of Rhode Island having jurisdiction of the...
This chapter shall not be in substitution of any remedies which are now available to the employer or employee, but is cumulative to them. ...
A provision in a written contract between an employer and an association of employees, a labor union, trade union, or craft union, or between an association of employers and an association of...
An agreement in writing between an employer and an association of employees, a labor union, trade union, or craft union, or between an association of employers and an association of employees,...
A provision in a written contract between an employer and an association of employees, a labor union, trade union, or craft union, or between an association of employers and an association of...
If any suit or proceeding is brought upon any issue referable to arbitration under an agreement in writing for the arbitration, the court in which the suit is pending upon being satisfied that the...
The making of an agreement for arbitration is deemed a consent of the parties to it, to the jurisdiction of the superior court of this state to enforce the agreement. A party aggrieved by the...
If evidentiary facts are set forth raising a substantial issue as to the making of the contract or submission or the failure to comply with the terms, the court, or the judge of the court, shall...
If, in the contract for arbitration or in the submission, provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire, that method shall be followed, but if no...
Subject to the terms of the submission or contract, if any are specified, the arbitrators selected as prescribed in this chapter must appoint a time and place for the hearing of the matters...
The court has power to direct the arbitrators to proceed promptly with the hearing and determination of the controversy. ...
Before hearing any testimony, arbitrators selected as prescribed in this chapter must be sworn, by an officer authorized by law to administer an oath, faithfully and fairly to hear and examine the...
The arbitrator or arbitrators selected as prescribed in this chapter may require any person to attend before them as a witness; and he or she and they have, and each of them has, the same powers...
An award is valid and enforceable according to its terms and under this chapter without previous adjudication of the existence of a submission or contract to arbitrate, subject to this section:...
Arbitration of a controversy under a contract or submission described in this chapter is deemed a special proceeding, of which the superior court for the county in which one of the parties resides...
Any application to the court or a judge of the court shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise expressly provided in this...
To entitle the award to be enforced, as prescribed in this chapter, it must be in writing, within the time limited in the submission or contract, if any, subscribed by the arbitrator or...
At any time within one year after the award is made as prescribed in § 28-9-16, any party to the controversy which was arbitrated may apply to the court having jurisdiction as provided in §...
(a) In any of the following cases the court must make an order vacating the award, upon the application of any party to the controversy which was arbitrated: (1) When the award was procured by...
In any of the following cases, the court must make an order modifying or correcting the award upon the application of any party to the controversy which was arbitrated: (1) Where there was an...
Notice of a motion to vacate, modify, or correct an award must be served upon the adverse party, or his or her attorney, within three (3) months after the award is filed or delivered, as...
Upon the granting of an order confirming, modifying, or correcting an award, judgment may be entered in conformity with the order, except as is otherwise prescribed in this chapter. Costs of the...
(a) Immediately after entering judgment, the clerk must attach together and file the following papers: (1) The submission or contract, and each written extension of the time, if any, within...
The judgment so entered has the same force and effect in all respects as, and is subject to all the provisions of law relating to a judgment in an action; and it may be enforced as if it had been...
An appeal may be taken from an order made in a proceeding under this chapter, or from a judgment entered upon an award. The proceedings upon an appeal, including the judgment and the enforcement...
Where a party dies after making a submission or contract as prescribed in this chapter or otherwise, the proceedings may be begun or continued upon the application of, or upon notice to, his or...
(a) An arbitrator has the authority to consider the existence of a past practice that may exist between the parties to a collective bargaining agreement only under the following circumstances:...
This chapter may be cited as the Firefighters' Arbitration Act. ...
(a) The protection of the public health, safety, and welfare demands that the permanent uniformed members, rescue service personnel of any city or town, emergency medical services personnel of any...
As used in this chapter, unless the context requires a different interpretation: (1) Corporate authorities means the proper officials within any city or town whose duty or duties it is to...
The labor organization selected by the majority of firefighters in any city or town shall be recognized by the city or town as the sole and exclusive bargaining agent for all of the members of the...
In the event a majority of the firefighters in any city or town select a successor and/or a new labor organization as the sole and exclusive bargaining agent for all the members of the city or...
It is the obligation of the city or town, acting through its corporate authorities, to meet and confer in good faith with the representative or representatives of the bargaining agent within ten...
In the event that the bargaining agent and the corporate authorities are unable, within thirty (30) days from and including the date of their first meeting, to reach an agreement on a contract,...
Within five (5) days from the expiration of the thirty (30) day period referred to in § 28-9.1-7, the bargaining agent and the corporate authorities shall each select and name one arbitrator and...
(a) The arbitration board, acting through its chairperson, shall call a hearing to be held within ten (10) days after the date of the appointment of the chairperson, and, acting through its...
Fees and necessary expenses of arbitration shall be borne equally by the bargaining agent and the corporate authorities. Notwithstanding any other remedies which a court appointed arbitrator...
Any agreements actually negotiated between the bargaining agent and the corporate authorities either before or within thirty (30) days after arbitration constitute the collective bargaining...
Whenever wages, rates of pay, or any other matter requiring appropriation of money by any city or town are included as matter of collective bargaining conducted under this chapter, it is the...
If any provision of this chapter, or application of any provision to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the...
The sole avenue of review of a decision of an arbitration panel issued pursuant to this chapter shall be by petition for writ of certiorari to the supreme court. In the event a decision of the...
In the event either the bargaining agent or the corporate authorities files a petition for writ of certiorari to the supreme court of the state of Rhode Island for a review or modification of a...
All contractual provisions contained in a collective bargaining agreement entered into pursuant to this chapter continue in the following collective bargaining agreement unless either the...
This chapter may be cited as the Municipal Police Arbitration Act. ...
(a) The protection of the public health, safety, and welfare demands that full-time police officers of any paid police department in any city or town not be accorded the right to strike or engage...
As used in this chapter, unless the context requires a different interpretation, the following terms have the following meanings: (1) Corporate authorities means the proper officials within...
The police officers in any city or town have the right to bargain collectively with their respective cities or towns and to be represented by an organization in the collective bargaining as to...
The organization selected by the majority of the police officers in any city or town shall be recognized by the city or town as the sole and exclusive bargaining agent for all of the police...
It is the obligation of the city or town, acting through its corporate authorities, to meet and confer in good faith with the designated representative or representatives of the bargaining agent,...
In the event that the bargaining agent and the corporate authorities are unable, within thirty (30) days from and including the date of their first meeting, to reach an agreement on a contract,...
Within five (5) days from the expiration of the thirty (30) day period referred to in § 28-9.2-7, the bargaining agent and the corporate authorities shall each select and name one arbitrator and...
(a) The arbitration board, acting through its chairperson, shall call a hearing to be held within ten (10) days after the date of the appointment of the chairperson, and, acting through its...
The arbitrators shall conduct the hearings and render their decision upon the basis of a prompt, peaceful, and just settlement of wage or hour disputes between the police officers and the city or...
Fees and necessary expenses of arbitration shall be borne equally by the bargaining agent and the corporate authorities. Notwithstanding any other remedies which a court appointed arbitrator...
Any agreements actually negotiated between the bargaining agent and the corporate authorities either before or within thirty (30) days after arbitration constitute the collective bargaining...
If any provision of this chapter, or application of any provision to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the...
The sole avenue of review of a decision of an arbitration panel issued pursuant to this chapter shall be by petition for writ of certiorari to the supreme court. In the event a decision of the...
In the event either the bargaining agent or the corporate authorities files a petition for writ of certiorari to the supreme court of the state of Rhode Island for a review or modification of a...
All contractual provisions contained in a collective bargaining agreement entered into pursuant to this chapter shall continue in the following collective bargaining agreement unless either the...
(a) In pursuance of the duty imposed upon it by the constitution to promote public schools and to adopt all means necessary and proper to secure to the people the advantages and opportunities of...
The association or labor organization selected by the certified public school teachers in the public school system in any city, town, or regional school district is recognized by the school...
It is the obligation of the school committee to meet and confer in good faith with the representative or representatives of the negotiating or bargaining agent within ten (10) days after receipt...
The state labor relations board, upon the written petition for an election signed by not less than twenty percent (20%) of the certified public school teachers of the city, town, or regional...
The state labor relations board shall prescribe the method of petitioning for an election, the manner, place, and time of conducting the election, and shall supervise all elections to insure...
(a) No association nor organization shall be certified initially as the representative of certified public school teachers except after an election. (b) Teachers are free to join or to decline to...
Whenever salary or other matters requiring appropriation of money by any city, town, or regional school district are to be included as a matter of negotiation or collective bargaining conducted...
(a) In the event that the negotiating or bargaining agent and the school committee are unable, within thirty (30) days from and including the date of their first meeting, to reach an agreement on...
Within seven (7) days after arbitration has been requested as provided in § 28-9.3-9, the negotiating or bargaining agent and the school committee shall each select and name one arbitrator and...
The arbitrators shall call a hearing to be held within ten (10) days after their appointment and give at least seven (7) days notice in writing to the negotiating or bargaining agent and the...
The decision of the arbitrators shall be made public and is binding upon the certified public school teachers and their representative and the school committee on all matters not involving the...
Fees and necessary expenses of arbitration shall be borne equally by the negotiating or bargaining agent and the school committee. ...
Whenever the word arbitrators is used in this chapter, it also means arbitrator where applicable. ...
If any provision of this chapter, or application of any provision to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the...
This chapter may be cited as the Certified School Teachers' Arbitration Act. ...
It is the public policy of this state to accord to municipal employees the right to organize, to be represented, to negotiate, and to bargain on a collective basis with municipal employers,...
(a) Employee organizations means any lawful association, labor organization, federation or council having as a primary purpose the improvement of wages, hours and other conditions of employment...
The municipal employees of any municipal employer in any city, town, or regional school district have the right to negotiate and to bargain collectively with their respective municipal employers...
It is the obligation of the municipal employer to meet and confer in good faith with the representative or representatives of the negotiating or bargaining agent within ten (10) days after receipt...
The state labor relations board, upon the written petition for an election signed by not less than twenty percent (20%) of the municipal employees in an appropriate bargaining unit as determined...
The state labor relations board shall prescribe the method of petitioning for an election, the manner, place, and time of conducting the election, and shall supervise all elections to insure...
No employee organization shall be certified initially as the representative of municipal employees in an appropriate bargaining unit except after an election. Municipal employees are free to join...
Whenever salary or other matters requiring appropriation of money by any municipal employer are to be included as a matter of negotiation or collective bargaining conducted under the provisions of...
(a) In the event that the negotiating or bargaining agent and the municipal employer are unable after thirty (30) days from and including the date of their first meeting to reach an agreement on a...
Within seven (7) days after arbitration has been requested as provided in § 28-9.4-10 the negotiating agent and the municipal employer shall each select and name one arbitrator and immediately...
The arbitrators shall call a hearing to be held within ten (10) days after their appointment and give at least seven (7) days notice in writing to the negotiating or bargaining agent and the...
The decision of the arbitrators shall be made public and is binding upon the municipal employees in the appropriate bargaining unit and their representative and the municipal employer on all...
Fees and necessary expenses of arbitration shall be borne equally by the negotiating or bargaining agent and the municipal employer. ...
Whenever the word arbitrators is used in this chapter, it also means arbitrator where applicable. ...
Municipal employees covered by this chapter do not have the right to engage in any strike, work stoppage, or slowdown strike; and any strike, work stoppage, or slowdown strike is illegal. ...
If any provision of this chapter, or application of any provision to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the...
This chapter may be cited as the Municipal Employees' Arbitration Act. ...
This chapter may be cited as the State Police Arbitration Act. ...
(a) The protection of the public health, safety, and welfare demands that the full-time state police officers of the state of Rhode Island not be accorded the right to strike or engage in any work...
As used in this chapter, unless the context requires a different interpretation: (1) State authorities means the proper officials of the state whose duty or duties it is to establish the...
The state police have the right to bargain collectively with the state of Rhode Island and to be represented by an organization in the collective bargaining as to wages, rates of pay, hours,...
The organization selected by the majority of the state police is recognized by the state as the sole and exclusive bargaining agent for all of the state police unless and until recognition of the...
It is the obligation of the state, acting through state authorities, to meet and confer in good faith with the designated representative or representatives of the bargaining agent, including any...
In the event that the bargaining agent and the state authorities are unable within thirty (30) days from and including the date of their first meeting to reach an agreement on a contract, any and...
Within five (5) days from the expiration of the thirty (30) day period referred to in § 28-9.5-7, the bargaining agent and the state authorities shall each select and name one arbitrator and...
(a) The arbitration board, acting through its chairperson, shall call a hearing to be held within ten (10) days after the date of the appointment of the chairperson, and, acting through its...
The arbitrators shall conduct the hearings and render their decision upon the basis of a prompt, peaceful, and just settlement of wage or hour disputes between the state police and the state. The...
Any agreements actually negotiated between the bargaining agent and the state authorities either before or within thirty (30) days after arbitration shall constitute the collective bargaining...
Whenever wages, rates of pay, or any other matter requiring appropriation of money by the state are included as a matter of collective bargaining conducted under this chapter, it is the obligation...
The sole avenue of review of a decision of an arbitration panel issued pursuant to this chapter shall be by petition for writ of certiorari to the supreme court. In the event a decision of the...
In the event either the bargaining agent or the state authorities file a petition for writ of certiorari to the supreme court of the state of Rhode Island for a review or modification of a...
If any provision of this chapter, or application of any provision to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the...
The superintendent of the state police shall include proposals for affirmative action provisions as a subject for all collective bargaining negotiations. The proposals include at a minimum, but...
This chapter may be cited as the 911 Employees' Arbitration Act. ...
(a) The protection of the public health, safety, and welfare demands that the full-time 911 employees of the state of Rhode Island not be accorded the right to strike or engage in any work...
As used in this chapter, unless the context requires a different interpretation, the following terms have the following meanings: (1) 911 employees means the full-time supervisors, assistant...
The 911 employees have the right to bargain collectively with the state of Rhode Island and to be represented by an organization in the collective bargaining as to wages, rates of pay, hours,...
The organization selected by the majority of the 911 employees shall be recognized by the state as the sole and exclusive bargaining agent for all of the 911 employees unless and until recognition...
It is the obligation of the state, acting through state authorities, to meet and confer in good faith with the designated representative or representatives of the bargaining agent, including any...
In the event that the bargaining agent and the state authorities are unable within thirty (30) days from and including the date of their first meeting to reach an agreement on a contract, any and...
Within five (5) days from the expiration of the thirty (30) day period referred to in § 28-9.6-7, the bargaining agent and the state authorities shall each select and name one arbitrator and...
(a) The arbitration board, acting through its chairperson, shall call a hearing to be held within ten (10) days after the date of the appointment of the chairperson, and, acting through its...
The arbitrators shall conduct the hearings and render their decision upon the basis of a prompt, peaceful, and just settlement of wage or hour disputes between the 911 employees and the state. The...
Fees and necessary expenses of arbitration shall be borne equally by the bargaining agent and the state. Notwithstanding any other remedies which a court appointed arbitrator appointed by the...
Any agreements actually negotiated between the bargaining agent and the state authorities either before or within thirty (30) days after arbitration, constitute the collective bargaining contract...
Whenever wages, rates of pay, or any other matter requiring appropriation of money by the state are included as matter of collective bargaining conducted under this chapter, it is the obligation...
In the event either the bargaining agent or the state authorities files a petition for writ of certiorari to the supreme court of the state of Rhode Island for a review or modification of a...
If any provision of this chapter, or application of any provision to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the...
It is the duty of the director of labor and training to do all in his or her power to promote the voluntary mediation and conciliation of controversies and disputes between employers and...
(a) No court of this state has jurisdiction to issue a temporary or permanent injunction in any case involving a labor dispute, except after hearing the testimony of witnesses in open court, with...
(a) The term labor dispute includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining,...
No relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, and who has failed to make every...
In all cases arising under this chapter in which a person is charged with contempt in a court of this state, the accused shall enjoy the right to a speedy and public trial by an impartial jury;...
Whenever used in §§ 28-10-7 and 28-10-8, the word person means any individual, firm, association, corporation, or law enforcement agency, provided, that the word is not construed to include any...
It is unlawful for any person to use or to cause to be used during the progress of labor strikes or lockouts of any type, any tear gas, brombenzylcyanide, or any other gas which would affect the...
(a) Any person violating § 28-10-7 shall be liable for and required to pay a civil penalty in the amount of five hundred dollars ($ 500) for each and every offense. The civil penalty may be...
If an employer during the continuance of a strike, lockout, or other labor trouble among his employees publicly advertises in newspapers or by posters or otherwise for employees, or by himself or...
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(a) It is unlawful for any person, partnership, firm, or corporation, or officer or agent of any of these, involved in a labor strike or lockout knowingly to employ in place of an employee...
It is unlawful for any person, partnership, agency, firm, or corporation, or officer or agent of any of these, to recruit, solicit, or advertise for employees, or refer persons to employment, in...
(a) Recognizing that police and fire services provided by a municipality during a labor dispute are public functions, and recognizing further the need to secure the rights and safety of all...
Any person, partnership, agency, firm, or corporation violating § 28-10-11, 28-10-13, or 28-10-13.1 is guilty of a misdemeanor and upon conviction, shall be sentenced to pay a fine of not more...
Except as otherwise provided by law, labor performed in any manufacturing establishment, and all mechanical labor, during the period of ten (10) hours in any one day, shall be considered a legal...
A day's work for all conductors and operators now employed, or who may hereafter be employed, in the operation of all street railways of any motive power in this state shall not exceed ten (10)...
The true intent and purpose of §§ 28-11-2 -- 28-11-4 is to limit the usual hours of labor of the conductor and operator employees of street railway corporations, in the absence of agreement as to...
(a) The public interest requires that persons engaged in all lawful types of employment be encouraged to serve as elected members of part-time elected bodies. To facilitate this encouragement, it...
Every employer of a part-time elected official of an elected body is required to provide the employee with a flexible work schedule to accommodate the employee's attendance at necessary sessions...
(a) It is unlawful for any employer of a part-time elected official of an elected body to: (1) Fire or threaten to fire the employee based upon his or her activities or decisions as a part-time...
This chapter does not apply to any city or town where the holding of public office would violate state or federal law or would violate the charter of the city or town. ...
This chapter shall be known as and may be cited as the Rhode Island Minimum Wage Act. ...
As used in this chapter: (1) Advisory board means a board created as provided in § 28-12-6; (2) Commissioner means the minimum wage commissioner appointed by the director of labor and...
Every employer shall pay to each of his or her employees, commencing July 1, 1999, at least the minimum wage of five dollars and sixty five cents ($ 5.65) per hour. Commencing September 1, 2000,...
Every minor fourteen (14) and fifteen (15) years of age shall be paid at a rate of not less than seventy-five percent (75%) of the minimum wages as specified in § 28-12-3; provided, every minor...
An employer, who requests or permits any employee to report for duty at the beginning of a work shift, and at least three (3) hours work is not furnished on that shift, shall pay the employee not...
...
(a) Except as otherwise provided in § 28-12-4.3, no employer shall employ any employee for a workweek longer than forty (40) hours unless the employee is compensated at a rate of one and one-half...
Except as otherwise provided in § 28-12-4.3, no employer shall employ any employee on a bi-weekly basis with hours worked and hourly wages averaged over that period for longer than forty (40)...
The director of labor and training shall by regulations define and delimit the employees designated in § 28-12-4.3. Before any regulation is adopted, amended, or repealed, there shall be a public...
(a) Every employer shall pay to each of his or her employees who are engaged in any work or employment in which gratuities have customarily and usually constituted a part of his or her weekly...
For any occupation for which no wage order issued pursuant to chapter 289 of the general laws of 1938, as amended, was in effect on May 2, 1956, the director of labor and training, after...
The director of labor and training may, from time to time, propose modifications of or additions to any administrative regulations issued pursuant to § 28-12-6, or existing on May 2, 1956, in any...
(a) Any interested person in any occupation for which any wage order or any administrative regulation has been issued under this chapter who may be aggrieved by any order or regulation may obtain...
Individuals whose earning capacity is impaired by physical or mental disability may be employed in any occupation at wages lower than the wage rates applicable under this chapter. The director of...
Notwithstanding any order or regulation previously issued under chapter 289 of the general laws of 1938, as amended, learners and apprentices may be employed in an occupation at wages lower than...
Every employer subject to any provision of this chapter or of any regulations or orders issued under this chapter shall keep a summary of this chapter, approved by the director of labor and...
The provisions of this chapter shall be carried out by the division of labor standards and it is the duty of the division of labor standards to administer the provisions of this chapter, to...
The director or the commissioner or any authorized representative of either has the authority to: (1) Investigate and ascertain the wages of persons employed in any occupation in this state....
Any employer who hinders or delays the director of labor and training or his or her authorized representative in the performance of his or her duties in the enforcement of this chapter, or refuses...
Any employer who pays or agrees to pay wages at a rate less than the rate applicable under this chapter is deemed in violation of this chapter and shall, upon conviction, be fined not less than...
Any employer who otherwise violates any provision of this chapter or of any regulation or order issued under this chapter is deemed in violation of this chapter and upon conviction shall be fined...
Any employer who pays any employee less than the applicable wage rate to which the employee is entitled under or by virtue of this chapter is liable to the employee affected for the full amount of...
At the written request of an employee paid less than the wage to which he or she is entitled under or by virtue of this chapter, the director of labor and training or the commissioner of minimum...
Any standards relating to minimum wages, maximum hours, overtime compensation, or other working conditions in effect under any other law of this state, which are more favorable to employees than...
Nothing in this chapter shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own...
If any provision of this chapter, or the application of any provision to any person or circumstances, is held invalid, the remainder of the chapter and the application of this chapter to other...
The occupier or manager of every textile factory shall post in every room where any employees work by the job, in legible writing or printing, and in sufficient numbers to be easily accessible to...
Whenever used in this chapter: (1) Director means the director of the department of labor and training or his or her authorized representative. (2) Employee means any person permitted to...
Every employer shall establish a regular payday on which wages shall be paid in full in lawful money of the United States, or checks on banks convertible into cash on demand at full face value of...
On every regular payday, every employer shall furnish to any employee the following: (1) A statement of the hours worked by that employee during the applicable pay period; provided, that the...
Except as provided in §§ 28-14-4 and 28-14-5, every employee other than employees of the state and its political subdivisions and of religious, literary, or charitable corporations shall be paid...
Whenever a majority of the members of the certified collective bargaining unit in any place of employment shall request, in writing, from their employer that their union dues be deducted from...
(a) Subject to any provisions of the general laws or the public laws to the contrary, whenever any employer provides for a payroll deduction for any purpose, the employer shall transfer those...
(a) Whenever an employer separates an employee from the payroll, the unpaid wages or compensation of the employee becomes due on the next regular payday and payable at the usual place of payment....
In the event of the suspension of work as the result of an industrial dispute, the wages and compensation earned and unpaid at the time of the suspension, without abatement or reduction, shall...
(a) Any employer, including the state or a municipal corporation, may at any time after thirty (30) days from the death of an employee pay all wages or personal earnings due to the deceased...
In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this state, including receivership, assignment for benefit of creditors, adjudicated...
In case of a dispute over wages, the employer shall give written notice to the employee of the amount of wages which he or she concedes to be due and shall pay that amount without condition within...
Nothing contained in this chapter shall in any way limit or prohibit the payment of wages or compensation at more frequent intervals, or in greater amounts or in full when or before due, but no...
None of the sections of this chapter shall be applicable to, control, or prohibit the deduction from wages of an employee by an employer in accordance with the terms of a collective bargaining...
(a) Notwithstanding any other provision of law, upon written request an employee of a state agency or any other employer may authorize a disbursing officer to make payment by sending to a...
(a) Notwithstanding any other provision of law, upon the written authorization of an employee of any state agency, the disbursing officer shall deduct from the employee's wages and forward to the...
Nothing in this chapter shall be construed to require any employer to pay to an employee any wages or money which the employer lawfully holds as garnishee under a writ of attachment issued by any...
The director and his or her authorized representatives have the right to enter any place of employment for the purpose of inspecting the employment records required by § 28-14-12 and assessing...
Any effort of any employer to obstruct the director and his or her authorized representatives in the performance of their duties shall be deemed a violation of this chapter and punishable...
The director and his or her authorized representatives have the power to administer oaths and examine witnesses under oath, issue subpoenas, subpoenas duces tecum, compel the attendance of...
In case of failure of any person to comply with any subpoena lawfully issued, or subpoena duces tecum, or on the refusal of any witness to testify to any matter regarding which he or she may be...
Any employer who violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($...
An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because:...
A court, in rendering a judgment in an action brought under this chapter, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full...
This chapter shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement. ...
The protections set forth in § 28-14-18 and the relief and damages for violations set forth in §§ 28-14-18.1 and 28-14-18.2 shall also apply to chapters 3, 6, 12, and 18 of this title and to...
(a) It is the duty of the director to insure compliance with this chapter, to investigate any violations of this chapter, to institute or cause to be instituted actions for the collection of wages...
(a) All claims for wages due must be filed with the director within three (3) years from time of services rendered by an employee to his or her employer. (b) A claim may be filed by a person who...
The labor relations board shall not accept for collection the unpaid wage claim of any nonresident of this state unless the state of which that nonresident is a citizen accepts for collection the...
It shall be mandatory upon the attorney general of this state to prosecute all cases, both civil and criminal, which are referred by the director to the attorney general. It is the duty of the...
The director has the power and authority to take assignments of wage claims and rights of action for penalties as provided by §§ 28-14-17 and 28-14-18 without being bound by any of the technical...
(a) In any action for unpaid wages brought under this chapter, the employer-debtor shall not deduct as a setoff or counterclaim: (1) Any money allegedly due the employer as compensation for...
In all actions brought by the director as assignee under § 28-14-23, no court costs of any nature shall be required to be advanced nor shall any bond or other security for costs be required from...
Any sheriff or deputy sheriff requested by the director to serve summons, writs, complaints, orders, including any garnishment papers and all necessary and legal papers, within his or her...
Whenever the director requires the sheriff or deputy sheriff whose duty it is to seize property or levy on the property in any attachment proceedings to satisfy any wage claim judgment to perform...
Any garnishee defendant is required to appear and make answer in any action, as required by law, without having paid to him or her in advance garnishee's fees, but garnishee's fees shall be...
Out of any recovery on a judgment in a suit there shall be paid: (1) First, the garnishee's and witness fees; (2) Second, the wage claims involved; (3) Third, the sheriff's or deputy...
If any provisions of this chapter, or the application of any provision to any person or circumstance, is held invalid, the remainder of the chapter and the application of the provision to other...
Whenever an employee who has worked for an employer for more than one year is separated from work by a layoff , the employer shall offer to pay to the employee the same wages earned at the time...
The term assignment, as used in this chapter, includes every instrument purporting to transfer an interest in or an authority to collect the future earnings of any person. ...
No assignment of future earnings or wages shall be valid: (1) For a period exceeding one year from the date of the assignment; nor (2) Unless made to secure a debt contracted prior to or...
No assignment of future earnings or wages is valid unless a copy of the assignment is delivered to the assignor at the date of the execution of the assignment. ...
No assignment of future earnings or wages is valid, except as between the parties to the assignment, unless the assignment is recorded within five (5) days after it is signed by the assignor in a...
No assignment of future earnings or wages is in any way binding upon the employer of the assignor until a copy of the assignment and account has been delivered to the employer. The account shall...
An assignment of future earnings or wages made in accordance with all of the provisions of this chapter shall bind all wages earned by the assignor within the period named in the assignment. ...
All assignments of wages made in accordance with chapter 25 of title 19 for the purpose of securing any loan made in accordance with the provisions of chapter 25 of title 19, are exempt from...
None of the sections of this chapter shall be applicable to, control, or prohibit the deduction from wages of an employee by an employer in accordance with the terms of a collective bargaining...
The Rhode Island state department of labor and training is empowered to assist and cooperate with the administrator of the wage and hour and public contracts division and the director of the...
The department of labor and training is authorized to enter into agreements with the wage and hour and public contracts divisions and/or the bureau of labor standards of the United States...
The general treasurer receives and provides for the proper custody of all funds paid to the state from the federal treasury under the Fair Labor Standards Act,
(a) The term employees' trust as used in this chapter means any trust created by an employer for the maintenance and regulation of an apprentice training program, and any trust created as part...
The income arising from any personal property held in any employees' trust as defined in § 28-17-1 may be permitted to accumulate in accordance with the terms of the trust and the plan to which...
The intangible personal property held in any employees' trust as defined in § 28-17-1 shall be exempt from all sales and use taxes and all other state and local taxation so long as it is held in...
The interest of any person in any employees' trust as defined in § 28-17-1 and any pension derivable from the trust is not subject to trustee process or liable to attachment on any writ, original,...
The employment of workers in industry in the state of Rhode Island under conditions resulting in wages unreasonably low and conditions injurious to their health and general welfare is a matter of...
The following terms as used in this chapter have the following meanings: (1) Director means the director of labor and training. (2) Employer means any person who either directly or...
The distribution of industrial homework as defined in § 28-18-2(4) is prohibited except where licenses and certificates have been obtained from the director of labor and training. The director of...
The director of labor and training may revoke or suspend the license of any employer or the certificate of any industrial homeworker for a violation by that employer or industrial homeworker of...
(a) A fee of three hundred dollars ($ 300) shall be paid to the director of labor and training on behalf of the state of Rhode Island for the original issuance of an employer's license. (b) For...
No person in any industry where experience has proven that homework in the industry is not susceptible of effective regulations shall deliver, distribute, supply, or furnish any materials to be...
No person may perform any process on goods or material owned by another unless the person has been issued a permit by the director of labor and training. ...
No contract shop may be operated in any home as defined in § 28-18-2(3). ...
An annual fee of one hundred twenty dollars ($ 120) shall be paid to the director of labor and training for a contractor's permit. The proceeds derived under this chapter shall be deposited as...
The director of labor and training shall issue rules and regulations designed to control and regulate industrial homework where it is permitted, and to carry out the provisions of this chapter. ...
The director of labor and training shall enforce and administer the provisions of this chapter and the director or his or her authorized representative is directed to investigate and gather data...
In the administration of this chapter the director or his or her authorized representative has the power to administer oaths, take affidavits and the depositions of witnesses, and issue subpoenas...
No employer shall deliver or cause to be delivered or received any articles for, or as a result of homework processing, unless he or she keeps in the form and forwards to the director of labor and...
No child under sixteen (16) years of age shall be employed gainfully or otherwise in industrial homework. No industrial homework shall be processed except by a person to whom a certificate has...
No person shall do industrial homework unless his or her name is on a homeworker's certificate issued by the director of labor and training and permitting industrial homework to be done by him or...
Any cost of obtaining or returning material for industrial homework or the completed product shall be borne by the employer. ...
No person may carry on industrial homework except in accordance with this chapter and in accordance with any other state law or regulation. Every person desiring to employ homeworkers in this...
Any person who violates any provisions of this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($ 100) nor more than three...
This chapter does not apply to any corporation organized for a purpose authorized by § 7-6-4 or to any individual or organization engaged in providing work of a philanthropic, educational, or...
If any provision of this chapter, or the application of any provision to any person or circumstance, is held invalid, the remainder of the chapter, and the application of the provision to other...
The state of Rhode Island, through the department of labor and training, has striven to remove all unsafe and unhealthy conditions from the work place. To achieve this goal, agencies of the state...
The following terms as used in this chapter have the following meanings: (1) Department means department of labor and training; (2) Director means the director of the department of labor...
The code commission for occupational safety and health established pursuant to § 28-20-22 shall determine at public hearing those industries or portions of industries which by experience, as...
(a) (1) Those persons operating industries or portions of industries subject to registration under the provisions of this chapter shall, on an annual basis, submit a registration application form...
Those persons operating industries or portions of industries subject to registration under this chapter shall, on an annual basis, pay to the department an annual registration fee of fifty dollars...
Whenever it is deemed necessary, the director authorizes inspections to be conducted in accordance with chapter 20 of this title of facilities subject to registration. The department shall report...
Upon receipt of a notice of potential violation from the department, the department of health, building code commission, or state fire marshal shall inspect the facility and report to the...
In the administration of this chapter, the director or his or her authorized representative may exercise the power given to him or her under § 28-20-12. ...
The director shall promulgate those rules and regulations that are necessary to carry out the intent and purpose of this chapter pursuant to chapter 35 of title 42. The director shall provide...
Those persons aggrieved by a decision of the director or the code commission for occupational safety and health may appeal that decision to the occupational safety review board established...
Any person who is aggrieved by a decision of the occupational safety review board may appeal from the decision pursuant to chapter 35 of title 42. ...
The director may revoke or suspend the registration of any person for a violation of this chapter or those chapters enumerated in § 28-19-3. No registration shall be suspended or revoked unless...
In addition to any penalty assessed for failure to comply with those chapters enumerated in § 28-19-3, penalties for violations of this chapter are assessed as a civil penalty of not more than one...
If provisions of this chapter or the application of any of them to any person or circumstance are held invalid, the remaining provisions of this chapter and the application of the provisions to...
When used in this chapter: (1) Amendment means any modification or change in a code intended to be of universal or general application; (2) Code means a standard body of rules for safety...
(a) The department of labor and training shall be responsible for the administration and enforcement of all laws, codes, rules, and regulations pertaining to occupational safety and health as...
The director shall issue an annual report to the governor and to the general assembly no later than January 10 in each year. He or she shall also submit reports to the United States secretary of...
(a) The director shall appoint the chief of the division of occupational safety. The appointee shall also coordinate and administer this chapter and chapter 19 of this title and of chapter 1.1 of...
The division of occupational safety of the department of labor and training shall adopt the latest regulations of the federal occupational safety and health administration (OSHA) as they pertain...
Compliance inspectors shall devote their entire scheduled work time and attention to the duties of their respective offices. The chief of the division of occupational safety shall assign...
The general assembly shall annually appropriate the sums that are necessary to carry out the provisions of this chapter. The state controller is authorized and directed to draw his or her orders...
This chapter applies to every employer now or hereafter doing business in this state and all applicants for industrial registration as provided in chapter 19 of this title. Each employer or...
Every employee shall comply with occupational safety and health codes, rules, regulations, and orders issued under the provisions of this chapter which are applicable to his or her actions and...
It shall be the responsibility of the head of each state agency and of each agency in the political subdivisions of the state to establish and maintain an effective and comprehensive occupational...
(a) Each employer shall make, keep, preserve, and furnish to the director any records regarding his or her activities relating to this chapter that the director, in cooperation with the United...
(a) The director, upon presenting appropriate credentials to the owner, operator, representative, or agent in charge, is authorized: (1) To enter without delay and at reasonable times any...
(a) Any employee or representative of employees who believes that a violation of a safety or health code exists that threatens physical harm, or that an imminent danger exists, may request an...
(a) The superior court shall have jurisdiction, upon petition of the attorney general, to restrain any conditions or practices in any place of employment which are such that a danger exists which...
(a) If upon inspection or investigation the director believes that an employer has violated a requirement of § 28-20-8, or of any code, rule, or order promulgated pursuant to § 28-20-24, or of any...
(a) After the issuance of a compliance order pursuant to § 28-20-16(a), the director shall, within a reasonable time after the termination of the inspection or investigation, notify the employer...
(a) Any employer who willfully or repeatedly violates the requirements of § 28-20-8, any code, rule, or order promulgated pursuant to § 28-20-24, or regulations prescribed pursuant to this...
(a) The occupational safety and health review board is hereby established. (b) The review board shall be composed of three (3) members appointed by the governor, one of whom shall be a qualified...
Any employer, employee, the director, or other individual who is aggrieved by any order of the review board may appeal from the order pursuant to the provisions of chapter 35 of title 42. ...
(a) No employer shall discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or...
There is created within the department of labor and training a code commission for occupational safety and health, consisting of five (5) members, of whom two (2) represent industry, two (2)...
Members of the commission receive no salary, but shall receive compensation not exceeding twenty-five dollars ($ 25.00) for each day spent in the discharge of their official duties, with a maximum...
In addition to other powers and duties that may be conferred upon it by law, the commission shall have the power and duty to make, amend, and repeal codes for the elimination of safety or health...
No code may be adopted, amended, or repealed except pursuant to the provisions contained in chapter 35 of title 42. ...
All codes and all amendments to codes and repeals of codes shall take effect twenty (20) days after certified copies are filed in the office of the secretary of state. ...
(a) Every code adopted and every amendment or repeal of a code shall be compiled as prescribed in § 42-35-5 and published in the manner and quantity required for reference and enforcement. A...
(a) The director of labor and training in cooperation with the director of health shall promulgate, without regard to the requirements of §§ 28-20-24 -- 28-20-26, an emergency temporary code to...
Any employer, employee, or other individual who may be adversely affected by any code adopted under this chapter, or any amendment of this code, may, within thirty (30) days after its...
In any proceedings under § 28-20-30, the court shall order notice to be given to the commission and to the director in a manner that it shall determine. Any proceeding under § 28-20-30 and the...
All information reported to or otherwise obtained by the director in connection with any inspection or proceeding under this chapter which contains or which might reveal a trade secret referred to...
Nothing in this chapter shall be construed to repeal or to limit or restrict in any way present state laws, regulations, or orders governing the safety or health of employees in any place of...
If any provision of this chapter or the application of the provision to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to persons or...
(a) All contractors who bid on municipal and state construction projects with a total project cost of one hundred thousand dollars ($ 100,000) or more, shall have an OSHA ten hour construction...
An employer who uses, transports, stores, or otherwise exposes its employees to toxic or hazardous substances shall obtain, maintain, and make available in each workplace a list of all hazardous...
For the purpose of this chapter, the terms defined in this section have the following meanings. Where terms are not defined, the ordinarily accepted meanings within the proper context apply:...
(a) (1) Each employer shall obtain and maintain chemical identification lists containing the following information with regard to the chemical substances: (i) The common and trade names of...
The chemical and common names of all designated substances introduced into the workplace subsequent to the original listing shall be appended to the chemical identification lists prior to...
(a) An employer shall provide to the person responsible for the administration and direction of a fire department in a fire district or municipality, including a fire chief or fire administrator,...
Chemical identification lists required by this chapter as defined in § 28-21-1 and/or material safety data sheets shall be made available upon request for examination and copying to any affected...
If any employer or any of its officers or employees fails to comply with any of the provisions of this chapter by knowingly and intentionally misrepresenting, falsifying, concealing, destroying,...
The following rights are guaranteed to employees: (1) Refusing to work. If an employee has requested from his or her employer information about a designated substance or mixture,...
(a) Each employer shall provide an employee training and education program prior to an employee's initial assignment designed to inform employee(s) about the designated substances to which they...
(a) A manufacturer or employer may withhold the precise chemical name of a chemical if: (1) The manufacturer or employer can substantiate to the department of labor and training that it is a...
(a) This chapter does not apply to any designated substance that is a food, drug, cosmetic, or tobacco product if the substance is intended for personal consumption by employees while in the...
Any physician who is treating an employee and who believes that the employee has a health problem which may be the result of occupational exposure to a designated substance or substances has all...
(a) The responsibility for enforcement of this chapter shall be that of the department of labor and training. In addition to its other obligations, the department shall establish and maintain the...
The director of labor and training is authorized to provide assistance to employers, employee organizations, and employees in the development and conduct of training programs for employees and...
Nothing contained in this chapter shall in any way be construed to be a substitution for any right of action belonging to any person who may suffer injuries because of any hazardous substance. ...
(a) The director of labor and training shall determine which employers are subject to this chapter and shall assess and collect an annual assessment of forty two dollars ($ 42.00) which shall be...
In addition to and not in lieu of the remedies available to employees under § 28-21-8(4), any employer who willfully and intentionally violates the requirements of this chapter is subject to a...
Any requirements contained in this chapter to obtain or modify any information is subject to § 28-21-1. ...
If any provisions or part of this chapter, or application of them to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the...
(a) There is created a permanent commission on hazardous substances in the workplace whose purpose it is to oversee and study the implementation of this chapter and to advise the general assembly...
Within the department of labor and training there is a division of professional regulation, in accordance with chapter 4 of title 36. The division acts as the administrative agent for the...
All proceeds of any fees collected pursuant to chapter 6 of title 5 entitled Electricians, chapter 26 of this title entitled Hoisting Engineers, chapter 27 of this title entitled Pipefitters...
(a) Any person who has violated any provisions of chapter 6 of title 5 entitled Electricians, chapter 26 of title 28 entitled Hoisting Engineers, chapter 27 of title 28 entitled Pipefitters...
...
In this chapter, unless the context requires otherwise: (1) Authorized inspector means an inspector of boilers and/or pressure vessels employed by the state of Rhode Island or an insurance...
[Repealed] ...
The director shall appoint a chief inspector who is a citizen of this state to coordinate, administer, and implement the provisions of this chapter. This existing position is responsible to and...
The administrator, through the chief inspector of the division of occupational safety, may issue a commission to act as an authorized inspector to any person employed by the division of...
The administrator or an authorized inspector shall make the required inspection of each boiler or pressure vessel in accordance with the rules and regulations approved by the administrator. ...
The owner of any boiler or pressure vessel, whether or not subject to inspection under this chapter, shall allow the inspector free access to it at all reasonable times. The owner of any boiler or...
An authorized inspector shall consult with the owner, engineer, or other person in charge of each boiler or pressure vessel as to the condition and operation of the boiler or pressure vessel, and...
The code commission for occupational safety and health formulates and/or adopts a code of rules and regulations for the construction, installation, inspection, maintenance, repair, alteration, and...
(a) No boiler or pressure vessel shall be erected within this state unless it is constructed and equipped with safety devices in compliance with the standards and rules set forth in the ASME...
Whenever the division has inspected any boiler or pressure vessel and has found it safe for operation, or whenever any repairs required by the division to be made in any boiler or pressure vessel...
When any authorized inspector inspects a boiler or pressure vessel for an insurance company, he or she, within a period of twenty-one (21) days, shall make a report of that inspection on forms...
In case any owner of any boiler or pressure vessel is dissatisfied with the decision of the division in any matter, he or she may, within two (2) days after the decision, demand in writing an...
The general assembly shall annually appropriate any sum or sums that it deems necessary for the payment of arbitrators as provided in § 28-25-14; and the state controller is authorized and...
(a) A person shall be deemed to be in violation of this chapter who: (1) Refuses to have inspected any boiler or pressure vessel requiring inspection under this chapter; (2) Permits any...
The superior court has jurisdiction to enforce compliance with this chapter upon petition being filed by the administrator of the division of occupational safety and notice being given to the...
(a) This chapter does not apply to the following boilers and pressure vessels: (1) Boilers and pressure vessels under federal control. (2) Boilers on motor vehicles, self-propelled boilers,...
(a) Manufacturers of unfired pressure vessels in this state shall obtain the services of an authorized inspection agency for shop inspections of unfired pressure vessels being manufactured by...
The administrator of the division of occupational safety shall make a report to the general assembly in January, biennially, in the even years, setting forth the number of boilers inspected by the...
(a) No city or town has the power to make any ordinance, bylaw, or resolution concerning, or to provide for the inspection, or to license the erection or installation of, any boiler or pressure...
If any provisions or part of this chapter, or application of them to any person or circumstances, is held unconstitutional or invalid, the remaining provisions of this chapter, and the application...
The director of the department of labor and training, the administrator of the division of occupational safety, the chief boiler & pressure vessel inspector and his or her authorized...
(a) The director of labor and training shall appoint a resident of this state who has had fifteen (15) years practical experience with a full license as a hoisting engineer, who, together with the...
The board shall have a policy-making role in the preparation and composition of the examinations to be administered by the division. Subsequent to the administration of the examinations, the board...
The present board of examiners constitutes a section within the department of labor and training to be known as hoisting engineers' licensing section. The chairperson of the board is chief of...
The division of professional regulation shall make suitable rules and regulations for examining and licensing of hoisting engineers, subject to the approval of the director. ...
(a) (1) No person shall operate or be in direct charge of hoisting or excavation equipment which uses steam, internal combustion engines, electric, or compressed air of five (5) horsepower or more...
Licenses issued under this chapter shall specify the types of equipment which the holder is authorized to operate. The board shall promulgate rules and regulations which specify types of licenses. ...
(a) Each person who desires to act as a steam, internal combustion engine, electric, or compressed air hoisting engineer shall make an application to the division for a license upon a form...
The examinations shall be conducted in the manner and under rules and regulations issued by the division. Initial licenses are subject to a field examination, if deemed necessary by the division...
Licenses expire annually or biannually on a fixed date or on the licensee's birthday, as the board may provide in rules and regulations. Upon application, the person to whom a license is issued...
An engineer or user or agent of steam, internal combustion engine, electric, or compressed air hoisting machinery described in this chapter, who violates any provision of this chapter shall be...
The chief of the section shall act as an investigator with respect to the enforcement of all provisions of law relative to the licensing of hoisting engineers and to this effect whenever a...
The division of professional regulation, by and through its hoisting engineer investigators, has the right and authority to enter, during times at which hoisting/excavating work is actually being...
While acting as an investigator under this chapter the chief of the section shall be paid at a rate to be determined by the director of labor and training. ...
(a) This chapter does not apply to engineers under the jurisdiction of the United States, or engineers or operators employed by public utilities, and does not apply to agriculturists, fishers, and...
For the purpose of carrying this chapter into effect, the sum of five thousand dollars ($ 5,000) is annually appropriated out of any money in the treasury not otherwise appropriated to be expended...
Any person aggrieved by any decision or ruling of the division may appeal to the administrator of the division or his or her designee. A further appeal may then be made to the appropriate board of...
This chapter is necessary to protect the life, property, safety, and welfare of the people of Rhode Island; to promote conservation of our natural resources used to generate energy; to the proper...
There shall be in the department of labor and training, a mechanical board, responsible for the licensing and regulating of masters, journeypersons, and apprentices in the pipefitting, air...
(a) The division of professional regulation, department of labor and training, has the authority, by its chief administrator or designates, upon proper identification and in the performance of his...
The mechanical board shall assist the division of professional regulation of the department of labor and training to establish and from time to time update a preliminary criteria guide for the...
(a) The division of professional regulation with the assistance of the board shall promulgate rules and regulations for the examining and licensing of masters, journeypersons, and apprentices of...
(a) Master pipefitting contractor means a person having a regular place of business and who, by him or herself, or a journeyperson pipefitter in his or her employ, performs pipefitting work...
Journeyperson refrigeration technician means any person who has completed a five (5) year apprentice program and/or has passed a refrigeration technician examination and who by him or herself...
(a) Journeyperson pipefitter means any person who has completed a five (5) year apprentice program and/or has passed a journeyperson examination and who by himself or herself does work on...
(a) Pipefitter apprentice means any person at least eighteen (18) years of age who is learning or working at the business of pipefitting under the direct supervision of a master pipefitter or...
(a) Master mechanical contractor means any person who has worked as a contractor and has been associated in both trades of pipefitting and refrigeration for at least ten (10) years as a Rhode...
(a) No person shall engage in this state in the business of the mechanical trades as a master or as an employer of the mechanical trades, or enter into contracts or agreements for the...
(a) Any person who has qualified previously for the electrician's F certificate and the P.J.F. II limited to oil individually, and presently holds both licenses, may convert to the single P.J.F....
A P.J.F. limited oil burner serviceperson's license shall be granted to any person who has passed an examination before the division. It shall specify the name of the person, who is then...
(a) No corporation, firm, association or partnership shall engage in business, advertise, make application for and take out permits, bid for work, or represent itself as a mechanical contractor,...
An owner of a single family domestic dwelling who intends to occupy the premises himself or herself may, after approval by local municipal and/or state authorities and upon receipt of a permit,...
(a) There is created a class of license which shall be known, respectively, as a pipefitter, refrigeration-air conditioning, sheet metal, or fire protection sprinkler systems contractor master....
The board shall act in an advisory capacity to the division of professional regulation in: (1) Preparing forms for application for examination for licenses. (2) Preparing subject matter,...
Any applicant for a license as pipefitter or refrigeration/air conditioning or fire protection sprinkler contractor or sheet metal contractor or journeyperson sheet metal worker or sprinkler...
(a) No application for a license of a pipefitter or refrigeration/air conditioning or fire protection sprinkler contractor or sheet metal contractor or sprinkler fitter master will be filed by the...
(a) No application for a journeyperson's test shall be filed by the department nor is any applicant permitted to take the examination for a license as a journeyperson unless: (1) The test...
The department shall provide and conduct examinations three (3) times each year of applicants who have had their application for a pipefitter or refrigeration/air conditioning or fire protection...
The director of labor and training shall allow or deny applications for master or contractors' or journeyperson's license upon the recommendation of the division as soon after the examination as...
Any applicant who has failed an examination is permitted to take subsequent examinations at any of the three (3) examinations scheduled during the year as set forth in § 28-27-14. Every retest...
Any licensed master, contractor journeyperson, or apprentice who does not renew his or her license on or before his or her birthdate shall be required to pay a twelve dollar ($ 12.00) per month...
(a) Any person who has agreed to work under the supervision of a licensed pipefitter, refrigeration/air conditioning, sprinkler fitter or sheet metal master under a state sanctioned apprenticeship...
In every place in this state within and from which a pipefitter or refrigeration/air conditioning or fire protection sprinkler systems or air distribution business is conducted as specified for a...
The director of labor and training shall revoke or suspend the license or impose a fine on any pipefitter or refrigeration/air conditioning or fire protection sprinkler contractor/sprinkler fitter...
(a) No proceedings to revoke a license as provided in this section shall be instituted unless filed with the department of labor and training within one year after the date or dates of...
The department has the power to subpoena and bring before it or the board of examiners any witnesses to the testimony either orally or by deposition, or both, with the same fees and mileage and in...
Prior to or during a hearing the director and division chief has the power to administer oaths and examine witnesses under oath, issue subpoenas, subpoenas duces tecum, compel the attendance of...
The director and his or her designees have the power to administer oaths to witnesses at a hearing which the department has authorized by law to conduct and any other oaths authorized or...
(a) The board, upon the completion of any hearing held on a verified complaint, shall present to the director of labor and training a written report of its findings and recommendations. The...
In case of failure of any person to comply with any subpoena lawfully issued or subpoena duces tecum, or on the refusal of any witness to testify to any matter regarding which he or she may be...
The superior court of the county where the licensee and/or violator charged with a violation resided has the power to review the entire proceedings of any hearing had before the director and to...
The district court has jurisdiction to enforce compliance with this chapter upon petition being filed by the director of labor and training or his or her designee and notice being given to the...
...
(a) It is the duty of the director of the department of labor and training and of state and local inspection authorities to enforce this chapter. Local building and related inspectors, who are...
...
(a) This chapter does not apply to persons classified as maintenance personnel regularly in the employ of a public utility company doing utility company work, hospitals, schools, city, town or...
Violations of this chapter may be enjoined upon bill of complaint being filed in the superior court for the county in which those violations have been committed by the department of labor and...
If any provisions or part of a provision of this chapter, or application of it to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this...
...
The department of labor and training shall not grant, deny, suspend, or revoke the license of any person on the grounds of race, color, religious creed, sex, age, national origin, disability, or...
Investigators devote their entire scheduled work time and attention to the duties of their offices. The administrator of the division of professional regulation assigns investigators to the duties...
...
Chapters 29 -- 38 of this title may be cited as the Workers' Compensation Act. ...
Wherever in the general or public laws there appears the word workmen's in relation to workmen's compensation, it shall be substituted with the word workers'. ...
(a) (1) WHEREAS, the system of workers' compensation in the state of Rhode Island is presently in a state of crisis; and (2) WHEREAS, the stability and fiscal health of the overall workers'...
The provisions of chapters 29 -- 38 of this title shall apply to any and all employees, as defined in § 28-29-2(4), who are injured or hired in the state of Rhode Island. ...
In an action to recover damages for personal injury sustained by an employee arising out of and in the course of his or her employment, connected with and referable to employment, or for death...
Section 28-29-3 does not apply to actions to recover damages for personal injuries or for death resulting from personal injuries sustained by an employee of an employer who is subject to or has...
Chapters 29 -- 38 of this title do not apply to employers of employees engaged in domestic service or subject to § 28-29-7.2 or agriculture, except for employers engaged in occupations which the...
Every person, firm, and private corporation, including any public service corporation, including the state, that employs employees regularly in the same business or in or about the same...
(a) Whenever a general contractor or a construction manager enters into a contract with a subcontractor for work to be performed in Rhode Island, the general contractor or construction manager...
All employers doing business in the state of Rhode Island shall disclose to all prospective employees at the time of application for employment either that the employer is subject to chapters 29...
Domestic servants, farmers, farm laborers, except as defined in § 28-29-7.2, are not subject to chapters 29 -- 38 of this title. ...
A licensed real estate broker or real estate salesperson or a licensed or certified real estate appraiser is not considered an employee under this chapter if substantially all of the remuneration...
Farmers, nurseryworkers, arborists, or farm laborers are not subject to chapters 29 -- 38 of this title unless the farmers or agricultural employers employ twenty-five (25) or more farm laborers...
(a) Employers exempted by § 28-29-7 may come within chapters 29 -- 38 of this title by election. The election on the part of the employer is made by filing with the director a written statement to...
Every employer, subject to or who elects to become subject to chapters 29 -- 38 of this title, other than a corporation, who is not a resident of the state or an unincorporated association, a firm...
Every employer subject to or who elects to become subject to chapters 29 -- 38 of this title that is a corporation obtains and files or causes to be obtained and filed with the director a...
The secretary of state shall be paid five dollars ($ 5.00) for each certificate issued pursuant to §§ 28-29-10 and 28-29-11. ...
(a) Every employer subject to or who elects to become subject to chapters 29 -- 38 of this title shall display a copy of the summary of the major provisions of the Workers' Compensation Act in...
(a) In order to ensure that both employers and employees are fully informed as to their rights and responsibilities, the director shall prepare, publish, and distribute an illustrated booklet...
The director shall prescribe the form of a notice informing employees of their privilege under chapters 29 -- 38 of this title, and the notice shall be incorporated in the notice prescribed in...
Professional ice hockey players, coaches, and trainers employed by a professional ice hockey club, including, but not limited to, National Hockey League or American Hockey League clubs, are...
A certificate from the authorized officer of the workers' compensation commission or similar department of another state certifying that the employer from that other state is insured in that state...
(a) A person will not be considered an independent contractor unless that person files a notice of designation with the director, consistent with rules and regulations established by the...
A minor working at an age legally permitted under the laws of this state is deemed sui juris for the purpose of chapters 29 -- 38 of this title and no other person has any cause of action or right...
(a) Any employee, or corporate officer, or the parent or guardian of any minor employee, who has given notice to the employer that he or she claimed his or her right of action at common law may...
The right to compensation for an injury under chapters 29 -- 38 of this title, and the remedy for it granted by those chapters, shall be in lieu of all rights and remedies as to that injury now...
In all cases where an employer and employee has elected to become subject to chapters 29 -- 38 of this title, § 10-7-1 et seq. does not apply while those chapters are in effect. ...
Any employer may enter into an agreement with his or her employees in any employment to which chapters 29 -- 38 of this title apply to provide a scheme of compensation, benefit, or insurance in...
If at any time the scheme no longer fulfills the requirements of § 28-29-22 and § 28-29-23, or is not fairly administered, or any other valid and substantial reason for this exists, the director,...
Nothing in chapters 29 -- 38 of this title affects the liability of an employer to a fine or penalty under any other statute. ...
(a) Department of labor and training. The director, as provided in chapters 29 -- 38 of this title and chapter 16 of title 42, has supervision over the enforcement of those chapters, and...
The general assembly shall annually appropriate out of any money in the treasury not otherwise appropriated a sum that it deems necessary to carry out the provisions of chapters 29 -- 38 of this...
...
If any section of chapters 29 -- 38 of this title is declared unconstitutional or invalid, that unconstitutionality or invalidity in no way affects the validity of any other portion of it which...
(a) There is established in the state of Rhode Island a workers' compensation court consisting of a chief judge and nine (9) associate judges having any jurisdiction necessary to carry out its...
(a) Any workers' compensation commissioner who was appointed and confirmed and who took the oath of that office and is holding that office on July 11, 1990, shall continue to remain in the office...
(a) A workers' compensation judge shall be an attorney at law and admitted to the bar. During his or her term of office a judge shall not engage in the practice of law or any other employment and...
(a) There is a workers' compensation administrator who is appointed by the governor with the advice and consent of the senate. Upon May 6, 1982, and every twelfth year thereafter in the month of...
There is a deputy administrator of the workers' compensation court who shall be appointed by the administrator of the workers' compensation court with the approval of a majority of the judges....
...
In the event that a vacancy occurs in the office of the deputy administrator, the administrator with the approval of a majority of the judges, shall appoint a person qualified to act as deputy...
The administrator and deputy administrator shall not be active in determining the policies or conducting the affairs of any employers' association or labor organization, but they impartially...
The administrator, with the approval of the chief judge of the workers' compensation court, may employ any clerical assistance that he or she may require for copying, recording, indexing, and...
Whenever a workers' compensation judge or the administrator neglects or is unable to serve, or becomes disqualified to serve because of malfeasance in office or otherwise, the governor, with the...
The workers' compensation court is located in Providence and all hearings before the court concerning compensation are conducted in Providence, unless the workers' compensation court designates...
An employee who is a party to any proceeding before the workers' compensation court may appear before the court on his or her own behalf. An employer who is a party to any proceeding before the...
The workers' compensation court shall prescribe forms, make suitable orders, and adopt rules of procedure to secure a speedy, efficient, informal, and inexpensive disposition of its proceedings...
(a) Any controversy over which the workers' compensation court has jurisdiction in accordance with chapters 29 -- 38 of this title, including compensation, reasonableness of medical and hospital...
The clerk/secretary of the workers' compensation court shall be in the unclassified status of state employment. ...
(a) Whenever any person engaged as a judge on or before July 2, 1997, has served as a workers' compensation judge for twenty (20) years, or has so served for ten (10) years and has reached the age...
(a) Whenever any person first engaged as a judge subsequent to July 2, 1997, has served as a workers' compensation judge for twenty (20) years, or has served for ten (10) years and has reached the...
(a) Whenever any person engaged as a judge on or before July 2, 1997, has served as a workers' compensation judge for twenty (20) years and has reached the age of sixty-five (65) years, or has...
Any workers' compensation judge who retires in accordance with §§ 28-30-15 and 28-30-16, and who is subsequently assigned to perform services in accordance with §§ 28-30-15 and 28-30-16, and when...
(a) Whenever any person first engaged as a judge subsequent to July 2, 1997, has served as a workers' compensation judge for twenty (20) years and has reached the age of sixty-five (65) years, or...
No increment in salary resulting from the application of personnel rule 4.0217 or any other or successor rule or regulation providing for an increment in salary for temporary service as chief...
(a) Whenever any judge of the workers' compensation court dies after retirement or during active service while eligible for retirement or during active service after having served fifteen (15)...
(a) All judges of the workers' compensation court, or their surviving spouses, who retire after January 1, 1970, and who receive a retirement allowance pursuant to this title, shall, on the first...
The state of Rhode Island makes its contribution for the maintaining of the system established by § 28-30-18.1 and providing the annuities, benefits, and retirement allowances in accordance with...
The workers' compensation court annually reports in the month of March to the general assembly on its activities of the previous year. ...
For purposes of the calculation of retirement benefits, in the event that any judge of the workers' compensation court who participates or acquiesces in a state shutdown or in a reduced salary or...
Wherever in the general or public laws the words, workers' compensation commission appear, it shall read workers' compensation court. ...
(a) The chief judge of the workers' compensation court, in consultation with the appropriate medical or professional association, shall appoint a medical advisory board which serves at the chief...
Any person serving as a member of the medical advisory board or fee dispute panel, and any medical service provider appointed as an impartial medical examiner, participating on a comprehensive...
(a) The city of Providence is subject to and accepts chapters 29 -- 38 of this title and is governed by the provisions in them; provided that this section is not subject to §§ 45-13-7 -- 45-13-10....
All notices required to be given by an employee to an employer under §§ 28-29-17 -- 28-29-19 and of §§ 28-33-30 -- 28-33-32, and all other notices required to be given to an employer by an...
The medical treatment required to be rendered by an employer to an injured employee under § 28-33-5, if the employer is the state, shall be rendered under the direction of a physician appointed...
(a) The department of administration has full authority and power to settle any claims which an employee may have against the state under chapters 29 -- 38 of this title. (b) When any town or city...
(a) The expenses incurred for and in behalf of the state under §§ 28-31-3, 28-33-5, 28-33-12, 28-33-16, 28-33-17, 28-33-18, 28-33-19, 28-33-34, 28-33-35, 28-33-36, 28-33-37, and 28-33-39 and for...
(a) (1) The expenses incurred for and in behalf of any town or city under §§ 28-31-3 and 28-33-5 -- 28-33-11, and the amount of compensation due an employee of a town or city as determined by an...
The provisions of chapters 29 -- 38 of this title requiring employers to insure against liability to pay compensation arising under those chapters shall not apply to the state or any city or town...
Members of the national guard and Rhode Island state guard injured in the performance of required, authorized, or permitted duty are deemed to be employees of the state, and are entitled to all...
In ascertaining the average weekly wages, earnings or salary of an injured member of the national guard or the Rhode Island guard, § 28-33-20 will be followed, and, for the purpose of that...
Where an injured member of the national guard or the Rhode Island state guard receives pay, subsistence, hospitalization, or other benefits from the United States as the result of an injury, those...
All members of disaster response forces who are killed or sustain disability or injury while in training for or on disaster response duty are construed to be employees of the state and compensated...
If the hourly wages cannot be ascertained, or if no pay has been designated for the work required, the wage for the purpose of calculating compensation under § 28-31-12 shall be taken to be a sum...
There are transferred to the department of administration those functions, powers, duties, and necessary resources relating to claims of state employees which relate to workers' compensation...
(a) There is established in the department of administration of the state of Rhode Island a special account to be known as the state employees' compensation fund, an account within the general...
(a) In any appeal taken under chapters 29 -- 38 of this title which involves the state employees' compensation fund, the director is a necessary party. (b) In every case where payments are ordered...
For the purposes of administering §§ 28-31-4 and 28-31.1-1(b), each state agency annually makes payments to the state employees' compensation fund as determined by the department of...
(a) Every employer who is or becomes subject to chapters 29 -- 38 of this title shall report to the director, in writing or in any other manner specified by the director, every personal injury...
(a) Any employer who refuses or neglects to make the reports required by § 28-32-1 may be assessed a penalty of two hundred fifty dollars ($ 250) by the director for each refusal or neglect to...
No report required by chapters 29 -- 38 of this title shall be admitted in evidence or referred to at the trial of any action or in any judicial or administrative proceedings, except in...
(a) No report, or part of copy of a report, shall be open to the public, nor shall any of the contents be disclosed in any manner, or be permitted to become known, by any officer or employee of...
Insofar as it is not inconsistent with other provisions of chapters 29 -- 38 of this title, the director shall have general supervision of the operation of those chapters, and when necessary he or...
If an employee who has not given notice of his or her claim of common law rights of action, or who has given the notice and has waived the common law rights, as provided in § 28-29-19, receives a...
...
No compensation is allowed for the injury or death of an employee occasioned by his or her willful intention to bring about the injury or death of himself or herself or another, where it is proved...
Contingent fees of attorneys for services under chapters 29 -- 38 of this title are subject to the approval of the workers' compensation court. ...
No indemnity compensation is paid under chapters 29 -- 38 of this title for any injury which does not incapacitate the employee for a period of at least three (3) days from earning full wages,...
The employer, subject to the choice of the employee as provided in § 28-33-8, promptly provides for an injured employee any reasonable medical, surgical, dental, optical, or other attendance or...
In the case of the employer's neglect or refusal seasonably to do so, the employer is liable for the reasonable expense incurred by or on behalf of the employee in providing treatment, and the...
(a) Any dispute as to the reasonableness of the amount of any charge and/or payment for medical, dental, or hospital services or for medicines or appliances is determined by the workers'...
(a) (1) An injured employee has freedom of choice to obtain health care, diagnosis, and treatment from any qualified health care provider initially. The initial health care provider of record may,...
When an injury results in no incapacity or incapacity of three (3) days or less and a dispute arises between the employee and the employer or insurer as to the payment of medical expenses or other...
(a) Dental services as used in §§ 28-33-5 -- 28-33-9 includes services rendered in making, repairing, and replacing artificial teeth and dentures. (b) Hospital services as used in §§ 28-33-5...
No hearing shall be held by the workers' compensation court or any judge of the court under §§ 28-33-5 -- 28-33-10 unless written notice of the hearing is mailed to the employer and employee five...
(a) (1) If death results from the injury, the employer shall pay the dependents of the employee wholly dependent upon his or her earnings for support at the time of his or her injury or death,...
The following persons are conclusively presumed to be wholly dependent for support upon a deceased employee: (1) A wife upon a husband with whom she lives, or from whom she was living apart for...
In all other cases except those provided in § 28-33-13, questions of entire or partial dependency are determined in accordance with the facts as the facts may have been at the time of the injury....
If the employee dies as a result of the injury, the employer shall pay, in addition to any compensation provided for in this chapter, the sum of fifteen thousand dollars ($ 15,000), as provided...
(a) (1) While the incapacity for work resulting from the injury is total, the employer pays the injured employee a weekly compensation equal to seventy-five percent (75%) of his or her average...
(a) An employee is not entitled to compensation under chapters 29 -- 38 of this title for any period during which the employee was gainfully employed or found capable of gainful employment at an...
(a) When an employee has sustained an injury which entitles the employee to receive benefits pursuant to § 28-33-18 or 28-34-3, the employee may become capable of suitable alternative employment...
(a) (1) For all injuries occurring on or after September 1, 1990, in those cases where the employee has received a notice of intention to terminate partial incapacity benefits pursuant to §...
(a) (1) In case of the following specified injuries there is paid in addition to all other compensation provided for in chapters 29 to 38 of this title a weekly payment equal to one-half (1/2) of...
The disablement of any employee resulting from an occupational disease or condition described in the following schedule shall be treated as the happening of a personal injury, as defined in §...
Neither the employee nor his or her dependents are entitled to compensation for disability or death resulting from an occupational disease, unless that occupational disease is due to the nature of...
The court may appoint one or more impartial physicians whose duty it is to examine any claimant under this chapter and to make a report in a form that the court requires. ...
For the purpose of this chapter the date of disablement for an occupational disease is the date of partial or total incapacity to work as a result of the disease. ...
No compensation is payable for an occupational disease if the employee, at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, or...
The total compensation due is recovered from the employer who last employed the employee in the employment to the nature of which the disease was due and in which it was contracted. If the disease...
The employer to whom notice of death or disability is to be given, or against whom claim is to be made by the employee, is the employer who last employed the employee during the thirty-six (36)...
Nothing in this chapter affects the rights of an employee, or his or her dependents, to recover compensation in respect to a disease to which this chapter does not apply, if the disease, apart...
This chapter does not apply to cases of occupational disease in which the last injurious exposure to the hazards of the disease occurred prior to the fifteenth day of September 1936. ...
(a) If the employer makes payments of compensation to an employee or those entitled to compensation on account of the death of an employee under chapters 29 -- 38 of this title, a memorandum of...
When death has resulted from the injury and the dependents of the deceased employee entitled to compensation are, or the apportionment of compensation among them is, in dispute, the memorandum of...
...
Any employer or insurer who has made payment to an injured employee or those entitled to compensation on account of the death of an employee which payment has been procured by fraud, coercion, or...
Any memorandum of agreement is enforceable by a suitable action or proceeding brought by either of the parties to it before the workers' compensation court, including executions against goods,...
If an employer or insurer and an employee reaches an agreement in regard to the discontinuance or suspension of workers' compensation benefits, the parties shall file a written suspension...
(a) Notwithstanding § 28-35-1, if the employer files a memorandum of agreement but specifically designates that agreement as a non-prejudicial or without prejudice, the employer may pay weekly...
(a) For all injuries occurring from September 1, 1982, through February 28, 1986, in the event that an employer or insurer makes direct payment of weekly benefits to an employee, the employee must...
Where an employer, his or her insurer, or the agents or independent contractors of either obtains from an injured employee any paper, document, report, statement, or agreement, including hospital...
All questions arising under chapters 29 -- 38 of this title, except as otherwise provided, are determined by the workers' compensation court in accordance with these chapters. ...
(a) In all disputes between an employer and employee in regard to compensation or any other obligation established under chapters 29 -- 38 of this title, and when death has resulted from the...
The judge who hears a case pursuant to § 28-35-12 shall render his or her decision no later than thirty (30) days after each party has completed presenting its case; provided, that this provision...
Every employer subject to or who elects to become subject to chapters 29 -- 38 of this title and/or his or her insurer are deemed to have appointed the insurance commissioner of this state or his...
Upon filing with the administrator of any petition in writing, stating the general nature of any claim as to which any dispute or controversy may have arisen, the administrator shall mail a copy...
In case an interested party is located outside the state, and has no post office address within this state, a copy of the petition and copies of all notices shall be filed in the office of the...
Within ten (10) days of the filing of the petition, the respondent or respondents shall file an answer to the petition with the workers' compensation court and mail a copy of it to the petitioner,...
(a) Upon the filing of any petition the court shall assign the matter to a judge. The court shall issue notice at that time, advising the parties of the judge to whom the case has been assigned...
The workers' compensation court may also arrange to have hearings held by the workers' compensation court officer or tribunal having authority to hear cases arising under the workers' compensation...
(a) If the workers' compensation court has reason to believe that the payment of compensation has not been made, although it should have been made, it may on its own motion give notice to the...
(a) Before any case proceeds to a trial, the judge shall conduct a mandatory pretrial conference within twenty-one (21) days of the date of filing with a view to expediting the case and reducing...
(a) The certified copy of the record of a licensed health care facility as defined in chapter 17 of title 23 or of any health care provider or medical personnel licensed to practice under title 5...
The workers' compensation court may, with notice to all parties, cause testimony to be taken or an inspection of the premises where the injury occurred, to be had, or cause the time books and...
All ex parte testimony taken by the workers' compensation court shall be reduced to writing and either party has opportunity to rebut it at any hearing where introduced. ...
(a) Whenever the testimony presented at any hearing indicates a dispute, or creates doubt, as to the extent, nature, or cause of disability or death, the workers' compensation court may direct...
Any person subpoenaed who willfully and unlawfully fails or neglects to appear or to testify or to produce books, papers, and records as required, shall be fined not less than twenty-five dollars...
The workers' compensation court may require the appointment of a guardian for any person who is mentally incompetent or a minor to act for and on behalf of that employee within the meaning of...
(a) In any controversy over which the workers' compensation court has jurisdiction pursuant to this chapter, any judge of the court shall, pursuant to §§ 28-35-11 -- 28-35-28, and the procedural...
(a) Any person aggrieved by the entry of a decree by a judge may appeal to the appellate division established pursuant to this section by filing with the administrator of the court within five (5)...
(a) Hearings reporters, or electronic court reporters, shall report stenographically, or electronically, the proceedings in the trial of every action or proceeding in the workers' compensation...
(a) Any person aggrieved by a final decree of the appellate division of the workers' compensation court rendered pursuant to § 28-35-28 may, within twenty (20) days from the entry of the final...
(a) Upon the filing of reasons of appeal and transcript, the administrator of the workers' compensation court shall present the transcript to the judge who heard the cause, and in case of vacancy...
No fee may be charged by the clerk of any court or by the administrator of the workers' compensation court for the performance of any service required by this chapter, except for certified copies...
Any decree entered by the workers' compensation court acting within its powers are final in the absence of fraud, and take effect immediately upon being entered, and enforcement of the decree is...
As previously provided in this chapter, the claim of appeal does not suspend the operation of the decree appealed from, but, in case of default in taking the procedure required, the workers'...
Any court day in the supreme court is a motion day for the purpose of hearing a motion to assign the appeal for hearing. ...
The supreme court after hearing any appeal shall determine the appeal, and affirm, reverse, or modify the decree appealed from, and may itself take, or cause to be taken by the workers'...
If, in the course of the proceedings in any cause, any question of law arises which in the opinion of the workers' compensation court is of such doubt and importance, and so affects the merits of...
Compensation under chapters 29 -- 38 of this title shall be paid by check as defined in § 6A-3-104(2) (a) and not by draft, and shall be paid promptly and directly to the person entitled to it....
Whenever the employee is entitled to weekly compensation under chapters 29 -- 38 of this title, the employer, and/or insurance carrier, until further order of the workers' compensation court,...
For all injuries occurring on or before February 28, 1986, within twenty-one (21) days after the employer has notice of an injury or death as provided in chapters 29 -- 38, of this title and has...
If any payment of compensation is not paid within fourteen (14) days after it becomes due, there shall be added to that unpaid payment an amount equal to ten percent (10%) of the amount due, which...
Payment of compensation under a decision of the court becomes due upon the effective date of the order and weekly thereafter on the same day. If any payment payable under the terms of an order or...
(a) At any time after the date of the approval of any agreement or at any time after the date of the entry of any decree concerning compensation, and if compensation has ceased under them, within...
Before an employer may discontinue, suspend, or reduce compensation payments whether they are being received under an agreement, memorandum of agreement, award, order, finding, or decree, or when...
Within sixty (60) days after the discontinuance or suspension of compensation payments, the employer and/or insurer shall file with the director of labor and training, with a copy to the employee...
Where the notice of intention to discontinue, suspend, or reduce payments of compensation alleges that the employee has returned to work at an average weekly wage equal to or in excess of that...
Where the notice of intention to discontinue, suspend, or reduce payments of compensation alleges that the employee is able to return to work, the notice is supported by a report of a treating...
Where the notice of intention to discontinue, suspend, or reduce payments of compensation alleges that the employee is able to return to light selected work, the notice shall be supported by a...
If, subsequent to the filing of any notice previously provided for in this chapter, there is any change of status of the employee which would affect the right to discontinue, reduce, or suspend...
Upon receipt of notice of intention to discontinue, suspend, or reduce compensation payments, the court shall notify the employee that he or she has a right to dispute the claim of the employer or...
...
The employer is not entitled to any relief granted by §§ 28-35-39 -- 28-35-52, if payments in accordance with the existing agreement or decree are not paid in full to the date of the filing of the...
Whenever the director certifies to the workers' compensation court papers, agreements, and documents in any proceedings as are provided in chapters 29 -- 38 of this title, he or she shall certify...
Whenever, under chapters 29 -- 38 of this title, the day, or the last day, for the filing with the administrator of the workers' compensation court, of any original petition or other petition,...
(a) An employee's claim for compensation under chapters 29 -- 38 of this title is barred unless payment of weekly compensation has commenced, or a petition, as provided for in this chapter, has...
An employee's claim for compensation from an employer under chapters 29 to 38 of this title is barred from the date the employee commences employment for a period of two (2) years in the event the...
(a) Where the injury for which compensation is payable under chapters 29 -- 38 of this title was caused under circumstances creating a legal liability in some person other than the employer to pay...
The proceedings in all cases before the workers' compensation court under chapters 29 -- 38 of this title are deemed matters of record, but they are not required to be recorded at large, but are...
Copies of decisions, opinions, rescripts, and decrees, when issued by the workers' compensation court and supreme court involving workers' compensation cases, shall be promptly sent by the...
(a) The workers' compensation court may, upon petition of an employee, the dependents of a deceased employee, an employer, an insurance carrier, or any other party in interest, vacate, modify, or...
(a) Reproduction of documents, papers, or records docketed, filed, or in the custody of department by photograph, photocopy, photostat, or similar process is, in all respects and for all purposes,...
Notwithstanding any other provision of law, in any proceeding before the worker's compensation court an employer may be represented by an attorney at law or by any officer or employee of the...
(a) Every employer subject to or who has elected to become subject to chapters 29 -- 38 of this title as provided in § 28-29-8 shall secure in one of the following ways the compensation for which...
...
(a) Whenever an employer has complied with the requirements of §§ 28-36-1(a)(2) or (a)(3), and with any other reasonable requirements that the director makes, the director shall issue to the...
Any party aggrieved by any unreasonable requirement or demand made by the director, pursuant to this chapter may appeal to the workers' compensation court, and § 28-36-10 shall not apply while the...
Every policy subsequently written insuring the payment of compensation under chapters 29 -- 38 of this title shall contain provisions to the effect that as between the employee and the insurer...
Every policy covers the entire liability of the employer under chapters 29 -- 38 of this title, and shall contain an agreement by the insurer to the effect that the insurer is directly and...
Every policy shall also provide that the employee or, in the event of his or her death, his or her dependents have a first lien upon any amount which becomes owing on account of that policy to the...
Any employee entitled to compensation from his or her employer under chapters 29 -- 38 of this title shall, irrespective of any insurance contracts, have the right to recover compensation directly...
When any employer is insured against liability for compensation and the insurer has paid any compensation for which the employer was liable, or has assumed the liability of the employer, the...
Every contract subsequently made for the insurance of the compensation provided for in chapters 29 -- 38 of this title or against liability for compensation, is deemed to be made subject to those...
(a) Every policy subsequently written insuring against liability for personal injuries to employees, other than payment of compensation under chapters 29 -- 38 of this title, shall contain...
(a) Every insurance company having written a policy insuring against liability for personal injuries to employees shall notify the director of the issuance of the policy within thirty (30) days of...
(a) Any employer, insurance company, self-insurer, or group self-insurer insuring employers against liability for personal injuries to employees shall fill out all blanks and answer all questions...
...
(a) Any employer required to secure the payment of compensation under chapters 29 -- 38 of this title who knowingly fails to secure that compensation is guilty of a misdemeanor and, upon...
(a) Any uninsured employer, who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretes, or destroys any property belonging to that employer, after one of...
Sections 28-36-15 and 28-36-16 shall not affect any other liability of the employer under chapters 29 -- 38 of this title. ...
(a) Subject to the limitations set forth in subsection (b) of this section any insurance company which provides workers' compensation insurance to an employer who pays annual premiums in excess of...
(a) There is established in the department of labor and training a special account to be known as the workers' compensation administrative account, an account within the general fund. This...
The general treasurer is the custodian of the fund; and the state controller is authorized and empowered to draw orders upon the general treasurer upon the receipt of authenticated vouchers. The...
The general treasurer as custodian of this fund is authorized to invest any moneys not immediately necessary for the execution of the purposes of this fund in the class of securities legal for the...
...
Any party claiming to be entitled to the benefits of this chapter or § 28-35-20 shall file a request with the director, for a determination of his or her claim. If the director denies the claim,...
When death occurs, all compensation payments from the workers' compensation administrative fund cease; provided, that if it is proved that the death resulted from the last compensable injury the...
In addition to any other payments authorized to be made from the fund established under § 28-37-1, payments from the fund are made for the continuance of compensation and medical expenses at his...
The payments provided for under § 28-37-8 shall be made by the insurance carriers or certified employers and they shall be reimbursed out of the fund established by § 28-37-1 after furnishing the...
Whenever an injured employee suffering total incapacity ceases to receive payment under the Rhode Island Temporary Disability Insurance Act, chapters 39 -- 41 of this title, he or she shall...
(a) In any appeal taken under chapters 29 -- 38 of this title which involves the workers' compensation administrative fund the director is a necessary party. (b) In every case where payments are...
No petition for commutation of payments shall be entertained, with the exception of payments made pursuant to § 28-37-4, where the workers' compensation administrative fund is involved. ...
(a) For the privilege of writing or renewing workers' compensation insurance or employer's liability insurance in this state, every mutual association or stock company authorized, to be...
(a) Gross premiums include all premiums, premium deposits, and assessments on all policies, certificates, and renewals written during the preceding calendar year, covering workers' compensation...
Every insurer shall, within sixty (60) days of notice, file with the director, in a form and containing the information that he or she may prescribe, a return under oath or affirmation signed by...
Every certified employer shall, on or before May 15 of each year, except for the period ending June 30, 2000, when this return is due September 15, file with the director, in a form and containing...
As soon as practicable after the return is filed, the director shall examine it and determine the correct amount due and in case any error is disclosed by that examination he or she shall notify...
...
Any appeal authorized under this chapter shall be made to the workers' compensation court, and from the workers' compensation court, to the supreme court in accordance with § 28-35-30. ...
If any certified employer or insurer fails to file a return within the time and as required in this section, the director determines the amount of payment due from the information that he or she...
The director may grant a reasonable extension of time for filing any return required under this chapter. Whenever an extension of time is granted the insurer is required to pay as part of any...
If any payment required of any insurer or certified employer by this chapter is not made when due, the insurer or the certified employer is required to pay, as part of that payment, interest on...
(a) If the director or any appellate tribunal determines after a hearing that any insurer has failed to make any payment required by this chapter or has violated any of the provisions of this...
If any certified employer violates any of the provisions of this chapter or any of the rules or regulations promulgated by the director of labor and training, the director of labor and training...
The director shall collect all payments under this chapter under those rules and regulations that may be set forth by the director, and all payments shall immediately be transmitted by the...
All actions for any violations of this chapter or of any of the rules or regulations promulgated by the director, or for the collection of payments in accordance with § 28-37-13 or penalties under...
If any provisions of this chapter, or the application of this chapter to any person or circumstances, is held invalid, the remainder of this chapter and application of those provisions to other...
(a) Payments made to injured employees pursuant to § 28-37-8 shall be increased effective May 10 of each year by an amount equal to the total percentage increase in the most recently published...
(a) (1) Recognizing the need for collection, analysis, and utilization of quantifiable data to provide the basis for recommendations to improve the efficiency and reduce the cost of the workers'...
From the fund created by § 28-37-1 the Dr. John E. Donley rehabilitation center shall be set up within the department of labor and training. ...
The director shall appoint an administrator of the center. The administrator appoints all medical and technical personnel and an administrative assistant of the center if this is necessary, with...
(a) The rules and regulations, including manner of admission to the center for treatment, and prices to be charged for treatments, are promulgated by the administrator appointed under § 28-38-20...
If any provisions of this chapter, or the application of the provisions to any person or circumstances, is held invalid, the remainder of this chapter and the application of those provisions to...
The name of the curative centre in the department shall be the Dr. John E. Donley rehabilitation center. ...
Wherever in any existing law reference is made to the curative centre, and wherever in an existing law the term state curative centre or curative centre or the centre, as variously used,...
...
Chapters 39 -- 41 of this title shall be known and may be cited as the Rhode Island Temporary Disability Insurance Act. ...
The following words and phrases, as used in chapters 39 -- 41 of this title, have the following meanings unless the context clearly requires otherwise: (1) Average weekly wage means the...
Governmental entities as defined in § 28-42-3(21) are not deemed to be employing units subject to chapters 39 -- 41 of this title and services performed in the employ of those governmental...
Notwithstanding any inconsistent provisions of chapters 39 -- 41 of this title, a governmental entity which is a political subdivision or instrumentality of a political subdivision, or an...
The election is made by submitting to the director a certified copy of a resolution or act of the legislative body of the political subdivision or subdivisions passed in accordance with the...
For the purposes of §§ 28-39-3.1 and 28-39-3.2 the term employment does not include services performed by: (1) Elected officials; (2) Individuals on any work-relief project undertaken by...
(a) There is created the temporary disability insurance fund, to be administered by the director, without liability on the part of the state beyond the amounts paid into and earned by the fund....
The temporary disability insurance fund shall be administered and used solely to pay benefits upon vouchers drawn on the fund by the director pursuant to regulations and no other disbursements may...
The general treasurer is custodian and treasurer of the fund and shall pay all vouchers authenticated and drawn upon the fund. He or she has custody of all moneys belonging to the fund and not...
(a) There is created the temporary disability insurance reserve fund, to be administered in the manner subsequently prescribed in this chapter, without liability on the part of the state beyond...
The reserve fund shall be administered and used in a manner that the general assembly from time to time prescribes for purposes designed to benefit individuals prevented by injury or sickness from...
Chapters 39 -- 41 of this title is administered by the department of labor and training. The director and the board of review have the same powers and duties with relation to those chapters as...
(a) Whenever the director believes that a change in contribution and/or benefit rates will become necessary to protect the solvency of the fund, he or she will at once inform the governor and the...
The director may require any benefit claimant to submit to a reasonable examination or examinations for the purpose of determining his or her physical or mental condition, the examination or...
On the request of the director or the board of review, the attorney general will represent the director or the board of review and the state in any court action relating to chapters 39 -- 41 of...
Every employer and every employing unit employing any person in employment in this state shall keep true and accurate employment records of all persons employed by him or her, and of the weekly...
The manner in which any disputed claims or any other controversies arising out of the interpretation or application of chapters 39 -- 41 of this title are presented, or the manner in which...
Witnesses subpoenaed pursuant to chapters 39 -- 41 of this title are allowed fees at a rate fixed by the director. Those fees are deemed a part of the expense of administering chapters 39 -- 41 of...
The director or the board of review is deemed to be a party to any judicial action involving decisions which have been appealed to the courts and may be represented in any judicial action by any...
Every employee of the department of labor and training is expressly prohibited from divulging to any individual not officially connected with the department: (1) any information obtained by the...
Every request for information directed to the director is denied if the request would necessitate that individual to divulge any information which is declared in § 28-42-38 to be held confidential...
Whoever knowingly makes a false statement or representation to obtain or increase any benefit or other payment under chapters 39 -- 41 of this title, either for himself or herself or for any other...
Any individual, or employing unit or its agent, who willfully makes a false statement or representation to avoid becoming or remaining subject to contributions or payments, or to avoid or reduce...
Any individual, or employing unit or its agent, who knowingly fails or refuses to make any contribution or other payment required of an employing unit under chapters 39 -- 41 of this title, or who...
An employer who fails to file any report required under chapters 39 -- 41 of this title, or who fails or refuses to pay any contributions required under this chapter and chapters 40 and 41 in the...
Any violation of any provision of chapters 39 -- 41 of this title or of any order, rule, or regulation of the department for which a penalty is neither prescribed above nor provided by any other...
All fines specified or provided for in §§ 28-39-23 -- 28-39-32 will be paid to the temporary disability insurance reserve fund. ...
The director is the party complainant to any complaint and warrant brought to invoke the penalties provided for in §§ 28-39-23 -- 28-39-32 and the director is exempt from giving surety for costs...
All criminal actions for any violation of chapters 39 -- 41 of this title or any rule or regulation of the department will be prosecuted by the attorney general or by any qualified member of the...
No person will be convicted of any offense for any violation of chapters 39 -- 41 of this title or any rule or regulation of the department unless the complaint or warrant for that violation has...
To the extent that funds are made available by the federal government, under Title III of the Social Security Act,
The general assembly shall annually appropriate a sum sufficient for the payment of expenses of administering chapters 39 -- 41 of this title during each fiscal year, which sum is payable out of...
The director shall undertake an educational publicity program designed to safeguard the fund created by this chapter. The director shall solicit the co-operation and assistance of labor, industry,...
The general treasurer and the state director of administration have the same powers and duties with relation to chapters 39 -- 41 of this title as they have to chapters 42 -- 44 of this title. ...
Chapters 39 -- 41 of this title are construed liberally in aid of their declared purpose, which declared purpose is to lighten the burden which now falls on the unemployed worker and his or her...
All the rights, privileges, or immunities conferred by chapters 39 -- 41 of this title, or by acts done pursuant to these chapters, will exist subject to the power of the general assembly to amend...
If any provision of chapters 39 -- 41 of this title, or the application of these chapters to any person or circumstances, is held invalid, the remainder of the chapters and the application of that...
(a) The taxable wage base under this chapter for each calendar year is equal to the greater of thirty-eight thousand dollars ($ 38,000) or the annual earnings needed by an individual to qualify...
An employee who adheres to the faith or teachings of any church, sect, or denomination and in accordance with its creed, tenets, or principles, depends for healing upon prayer or spiritual means...
Minors fourteen (14) and fifteen (15) years of age are exempt from chapters 39 -- 41 of this title. ...
Disabled persons employed through a supported employment program as described in the federal rehabilitation act amendments of 1992 and who are ineligible to receive temporary disability benefits...
Each employer shall withhold in trust contributions from the wages of his or her employees at the time those wages are earned or paid, shall show the deduction on his or her payroll records, and...
(a) All contributions withheld by any employer from employees in accordance with the provisions of this chapter, and all contributions withheld by any employer from employees under color of those...
If the director believes that the payment to the state of the trust fund established under § 28-40-3.1 will be jeopardized by delay, neglect, or misappropriation, he or she will notify the...
Any employer and any officer, agent, servant, or employee of any corporate employer responsible for either the withholding or payment of contributions, who appropriates or converts the...
If the director determines that any individual, or employing unit or its agent, has failed or refused to transmit contributions withheld from the wages of employees in accordance with chapters 39...
If more or less than the correct amount of contributions imposed under §§ 28-40-1 -- 28-40-4 is paid with respect to any wage payments, then, under prescribed regulations, proper adjustments with...
(a) If an employer or employee makes application for refund or credit of any amount paid as contributions or interest under this title, and the director determines that the amount or any portion...
(a) Disabled persons employed through a supported employment program as described in the federal rehabilitation act amendments of 1992 and who: (1) were or are ineligible to receive temporary...
Any employer, employee, or other person aggrieved by any decision of fact or law by the director as to his, her, or its liability to make contributions or to withhold and pay contributions, or as...
If any employing unit which is or becomes an employer subject to chapters 39 -- 41 of this title within the calendar year 1942, or within any calendar year thereafter, the employees of that...
Employers who fail to make payment of contributions, as required by chapters 39 -- 41 of this title, or by the rules and regulations prescribed, will be additionally liable to the temporary...
If an employer for any reporting period fails to make any report used for the purpose of determining the amount of contributions payable under chapters 39 -- 41 of this title at the time and in...
If any employer fails to make any payment of contributions or interest on contributions at the time and in the manner required by the rules and regulations prescribed, the amount of contributions...
In any civil action brought to enforce chapters 39 -- 41 of this title, the director may be represented by any qualified attorney whom the director has designated and employed for this purpose or,...
(a) (1) The amount of any contributions, interest, and penalties imposed upon any employer under this chapter is a debt due to the state, constitutes a trust fund for the state until paid to the...
The sale or transfer by any employer other than receivers, assignees under a voluntary assignment for the benefit of creditors, trustees in bankruptcy, or public officers acting under judicial...
(a) The director has, for the collection of the contributions imposed by this chapter, all powers that are prescribed for collection of contributions in this title. The director may require any...
Benefits will be payable from the fund and are paid through employment offices, or those other agencies that the director may designate and the federal social security administration may approve,...
Notwithstanding any provisions of chapters 39 -- 41 of this title to the contrary, the term wages as used in the phrase wages for employment from employers means, with reference to the...
(a) (1) Benefit rate. The benefit rate payable under this chapter to any eligible individual with respect to any week of his or her unemployment due to sickness, when that week occurs...
(a) No individual is entitled to receive waiting period credit benefits or dependents' allowances with respect to which benefits are paid or payable to that individual under any workers'...
The total amount of benefits payable during a benefit year to any eligible individual is an amount equal to thirty-six percent (36%) of the individual's total wages for employment by employers...
An eligible individual who is unemployed due to sickness resulting from pregnancy, childbirth, miscarriage, or abortion is entitled to receive those benefits which are regularly provided for...
(a) An individual who files a valid claim for benefits, and whose waiting period ends on a day prior to the last day of any calendar week in which work is ordinarily performed in the occupation in...
Notwithstanding any provision of chapters 39 -- 41 of this title to the contrary, if the benefit year of an individual terminates prior to the end of a week throughout which he or she is...
(a) The waiting period of any individual is seven (7) consecutive days during which that individual is unemployed due to sickness. (b) No waiting period is credited to any individual unless he or...
(a) (1) An individual is disqualified from receiving benefits during any week with respect to which he or she will receive remuneration in the form of benefits under an unemployment compensation...
(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,...
(a) Benefit claims are filed pursuant to prescribed regulations. (b) No individual is eligible for waiting period credits or benefits under this title for any week of unemployment due to sickness...
To hear and decide disputed claims, the board of review may appoint one or more impartial referees, each of whom constitutes an appeal tribunal to hear and decide appeals from determinations and...
Any claimant may file an appeal from the determination of the director to an appeal tribunal within the time specified. The parties to an appeal from a determination will include all interested...
A reasonable opportunity for a fair hearing shall be afforded all interested parties, promptly. An appeal tribunal inquires into and develop all facts bearing on the issues and receives and...
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,...
(a) After a hearing, an appeal tribunal shall make findings and conclusions promptly and on the basis of them affirm, modify, or reverse the director's determination. Each party is furnished...
Any party in interest, including the director, is allowed an appeal to the board of review from the decision of an appeal tribunal. The board on its own motion may initiate a review of a decision...
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 before a fair hearing has been...
All final determinations and decisions are conclusive upon all parties in interest, including the director. The director, appeal tribunal, or board of review shall reopen a determination or...
Final decisions of the board of review and the principles of law declared in their support are binding in all subsequent proceedings involving similar questions, unless expressly or impliedly...
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 is deemed to be the decision of the board, except...
Appeals from administrative orders or decisions made pursuant to any provisions of this chapter will be to the sixth division district court, pursuant to chapter 35 of title 42, the Administrative...
The board of review and all parties to the proceedings before it are parties to the review proceedings. If the director is a party respondent, the petition is served by leaving with him or her, or...
The jurisdiction of the reviewing court is 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...
No agreement by any individual to waive his or her right to benefits or any other right under chapters 39 -- 41 of this title is valid. No agreement by any individual in the employ of any person...
Benefits which are due or may become due under chapters 39 -- 41 of this title may not be assigned, pledged, or encumbered before payment; and when awarded, adjudged, or paid, as long as they are...
(a) The board of review is empowered to appoint and employ a qualified attorney, who acts in accordance with any instructions that he or she may receive from the board concerning appeals from its...
Economic insecurity, due to unemployment, being a serious menace to the health, morale, and general welfare of the people of this state, is a subject of interest and concern to the community as a...
The following words and phrases, as used in chapters 42 -- 44 of this title, have the following meanings unless the context clearly requires otherwise: (1) Administration account means the...
The term employment includes an individual's entire service, performed within or both within and without this state, if: (1) The service is localized in this state; or (2) The service is...
Service is deemed to be localized within a state if: (1) The service is performed entirely within that state; or (2) The service is performed both within and without that state, but the...
Services not covered under § 28-42-4 and performed entirely without this state, with respect to no part of which contributions are required and paid under an unemployment compensation law of any...
(a) The services of an individual, who is a citizen of the United States, performed outside the United States (except in Canada) after December 31, 1971, or after December 31, 1977, in the case of...
The term employment does not include: (1) Domestic service in a private home performed for a person who did not pay cash remuneration of one thousand dollars ($ 1,000) or more in any calendar...
For the purpose of establishing coverage of maritime services rendered on, or in connection with, vessels, §§ 28-42-4 and 28-42-5 and the Interstate Maritime Reciprocal Agreement apply. ...
The term employment does not include services performed in the employ of a school, college, or university, by a student who is enrolled and regularly attending classes at that school, college,...
(a) Whenever any employing unit contracts with or has under it any contractor or subcontractor for any work which is part of its usual trade, occupation, profession, or business, unless the...
Any employing unit for which services are performed that does not constitute employment as defined in this chapter, may file with the director a written election that all services performed by...
Notwithstanding any inconsistent provisions of chapters 42 -- 44 of this title, the state and its instrumentalities are deemed to be employing units and services performed in the employ of the...
Notwithstanding any inconsistent provisions of chapters 42 -- 44 of this title, the political subdivisions of the state and the instrumentalities of those political subdivisions and all other...
For the purposes of §§ 28-42-13 and 28-42-13.1, the term employment does not include services performed in the employ of a governmental entity as defined in § 28-42-3(21) by an individual in...
(a) The term employer shall include any Indian tribe for which service in employment as defined under chapters 42 -- 44 of this title is performed. (b) The term employment shall include...
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(a) There is created the employment security fund, to be administered by the director without liability on the part of the state beyond the amounts paid into and earned by the fund. This fund...
The fund will be administered and used solely to pay benefits upon vouchers drawn on the fund by the director pursuant to regulations adopted as subsequently prescribed and no other disbursement...
The general treasurer is custodian and treasurer of the fund and shall pay all vouchers authenticated and drawn upon the fund. He or she has custody of all moneys belonging to the fund and not...
All money received by the director for the employment security fund established by this chapter will, upon receipt, be deposited by the director in a clearance account in a bank, in this state,...
The director shall also from time to time requisition from the unemployment trust fund those amounts of money that are equal to the amount of employee payments previously contributed to the fund...
Any balance of moneys requisitioned from the unemployment trust fund for the payment of benefits which remains unclaimed or unpaid after the expiration of the period for which those sums were...
Sections 28-42-18 -- 28-42-23, to the extent that they relate to the unemployment trust fund, will be operative only as long as that unemployment trust fund continues to exist and as long as the...
For the purpose of carrying out chapters 42 -- 44 of this title and chapter 102 of title 42 and providing for the administration of them, there is created within the general fund an employment...
The entire cost of administration of chapters 42 -- 44, inclusive including salaries and other necessary expenditures is paid by the director out of the administration account. The general...
All federal moneys allotted or apportioned to the state by the secretary of labor of the United States, or other federal agency, for the administration of chapters 42 -- 44 of this title shall be...
All moneys received by the director from the secretary of labor of the United States under Title III of the Social Security Act,
If any money received from the secretary of labor under Title III of the Social Security Act,
It is the duty of the director to administer chapters 42 -- 44 of this title subject to those chapters; and he or she has the power and authority to: (1) Enforce all the reasonable rules and...
Annually, by the first day of April, the director shall submit to the governor and to the general assembly a summary report covering the administration and operation of chapters 42 -- 44 of this...
Whenever the director believes that a change in contribution and/or benefit rates will become necessary to protect the solvency of the fund, he or she shall at once inform the governor and the...
The director shall cause to be printed in proper form for distribution to the public the text of chapters 42 -- 44 of this title, the general and special rules which will become effective as...
The director is authorized, within his or her means, and in accordance with the State Merit System Act, chapters 3 and 4 of title 36, rules, and regulations to appoint and fix the compensation of...
(a) Every employer and every employing unit employing any person in employment in this state shall keep true and accurate employment records of all persons employed by him or her, and of the...
(a) (1) The department of labor and training is designated and constituted the agency within this state charged with the responsibility of collecting quarterly wage information, as required by
The department of labor and training will participate in the income and eligibility verification procedures as required by
Any person releasing or procuring the release of quarterly wage information supplied to the department of labor and training by any employer pursuant to this chapter, except as is specifically...
Whenever any employing unit, subject to § 28-42-38, contracts with any employing unit having its principal office or place of business outside this state, for the performance of any work which...
The director, at his or her discretion, shall recommend to the governor for transmission to the general assembly any action that will tend to aid and promote the prevention of unemployment and...
On the request of the director or the board of review, the attorney general shall represent the director or the board and the state in any court action relating to chapters 42 -- 44 of this title...
(a) The director is designated as the agent within this state charged with the responsibility of cooperating in all necessary respects with the appropriate agencies and departments of the federal...
The state of Rhode Island accepts the Wagner-Peyser Act,
The department of labor and training is designated and constituted the agency within this state charged with the responsibility of cooperating with the United States employment service. ...
For the purpose of the establishment, maintenance, and use of free public employment offices in this state, the director is authorized to enter into agreements with any agency of the United States...
It is the duty of the director to administer a system of public employment offices for the purpose of assisting employers to secure employees and workers to secure employment. The director is...
All federal funds made available to the director or to this state under the Wagner-Peyser Act,
All funds made available by the general assembly for the state employment service are paid into the employment security administration account created by § 28-42-25, and those funds are made...
The general assembly will from time to time appropriate those sums of money that may be necessary out of moneys in the general treasury not otherwise appropriated for the purpose of maintaining...
In addition to and/or in lieu of the sections enumerated in § 28-42-50, the director of administration shall perform, at the department of labor and training, in the manner and to the extent that...
In order to perform the functions and duties as specified under § 28-42-51, the director of administration is empowered to take action that is deemed necessary and advisable and to assign those...
The manner in which any disputed claims or any other controversies arising out of the interpretation or application of chapters 42 -- 44 of this title is presented, or the manner in which hearings...
In discharge of their duties under chapters 42 -- 44 of this title, the director or his or her authorized representative, the board of review, an appeal tribunal, or any authorized representative...
In case of contumacy by or refusal to obey a subpoena issued to any person, pursuant to § 28-42-54, the sixth division of the district court, upon application by the director or the board of...
Witnesses subpoenaed pursuant to § 28-42-54 are allowed fees at a rate fixed by the director. Those fees are deemed a part of the expense of administering chapters 42 -- 44 of this title. ...
The director is authorized to enter into arrangements with the appropriate and authorized agencies of other states, the federal government or its territories, and of foreign governments, whereby,...
The director shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under chapters 42 -- 44 of this title with...
To the extent permissible under the laws and the constitution of the United States, the director is authorized to enter into or cooperate in arrangements with the appropriate authorized agencies...
If after entering into an arrangement provided in §§ 28-42-58 -- 28-42-60, the director finds that the employment security law of any state or territory, the federal government, or any foreign...
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(a) (1) It is unlawful to do any of the following: (A) Make or cause to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining...
Whenever any employer fails to comply with any provision of this title, the director, upon hearing, after giving the person at least five days' notice in writing specifying the time and place of...
Any individual, or employing unit or its agent, who knowingly fails or refuses to make any contribution or other payment required of an employing unit under chapters 42 -- 44 of this title, or who...
(a) The superior court has jurisdiction to restrain and enjoin any employer from engaging in business as an employer in this state without a registration or registrations or after a registration...
An employer who fails to file any reports required under chapters 42 -- 44 of this title, or who fails or refuses to pay any contributions required under these chapters in a manner and at those...
A person who engages in business as an employer in this state without a registration or registrations or after a registration has been suspended or revoked, and each officer of any corporation...
Any violation of any provision of chapters 42 -- 44 of this title or of any order, rule, or regulation of the board of review after consultation with the director, for which a penalty is neither...
(a) Any individual who, by reason of a mistake or misrepresentation made by himself, herself, or another, has received any sum as benefits under chapters 42 -- 44 of this title, in any week in...
The director is the party complainant to any complaint and warrant brought to invoke the penalties provided for in §§ 28-42-62 -- 28-42-66, and the director is exempt from giving surety for costs...
All criminal actions for any violation of chapters 42 -- 44 of this title or of any rule or regulation will be prosecuted by the attorney general or by any qualified member of the Rhode Island bar...
In the event that the federal Social Security Act,
All the rights, privileges, or immunities conferred by chapters 42 -- 44 of this title, or by acts done pursuant to these chapters, shall exist subject to the power of the general assembly to...
Chapters 42 -- 44 of this title shall be construed liberally in aid of their declared purpose, which declared purpose is to lighten the burden which now falls on the unemployed worker and his or...
(a) (1) There is created as a restricted receipt account within the general fund the employment security interest fund, to be administered by the director without liability on the part of the...
(a) The moneys in the interest fund are used solely for the following purposes: (1) To make refunds of interest erroneously collected and deposited in the fund; (2) To make payments of...
(a) The general treasurer is custodian and treasurer of the interest fund. The general treasurer has custody of all moneys belonging to the fund and not held, deposited, or invested pursuant to...
(a) (1) There is created as a restricted receipt account within the general fund the employment security tardy account fund, to be administered by the director without liability on the part of the...
(a) The moneys in the tardy account fund shall be used solely for the following purposes: (1) To make refunds of penalties erroneously collected and deposited in the fund; and (2) To...
(a) The general treasurer is custodian and treasurer of the tardy account fund. The general treasurer has custody of all moneys belonging to the fund and not otherwise held, deposited, or invested...
Whereas, improvements in the standard of living for all Rhode Islanders by increasing their prosperity and their opportunities for continued employment and better jobs is one of the top priorities...
(a) (1) There is created as a restricted account within the general fund the job development fund, to be administered by the human resource investment council, without liability on the part of the...
(a) The moneys in the job development fund will be used for the following purposes: (1) To reimburse the department of labor and training for the loss of any federal funds resulting from the...
(a) The general treasurer is custodian and treasurer of the job development fund. The general treasurer has custody of all moneys belonging to the fund. The general treasurer has custody of all...
Whereas, improvements in the standard of living for unemployed Rhode Islanders by facilitating their return to work is one of the top priorities of state government; Whereas, the state's low...
(a) (1) There is created the employment security reemployment fund, to be administered by the department of labor and training, without liability on the part of the state beyond the amounts paid...
(a) The general treasurer shall be custodian and treasurer of the employment security reemployment fund. The general treasurer has custody of all moneys belonging to the fund and not otherwise...
The following words and phrases as used in this chapter have the following meanings, unless the context clearly requires otherwise: (1) Balancing account means a book account to be...
Subsequent to the establishment of the balancing account as set forth in § 28-43-1(1), the credits and charges to that account are determined by the director as follows: (1) Credits to the...
Subsequent to the establishment of a separate employer's account for each employer subject to chapters 42 -- 44 of this title as set forth in § 28-43-1(4), the credits and charges to each...
The director shall publish once a year a statement of the condition of the employment security fund, the reserve ratio, and the balancing account for each twelve (12) month period ending on...
(a) The director shall furnish to each employer not later than April 1 annually a statement showing the employer's account balance together with the total credits and charges made during the...
The taxable wage base under this chapter for the tax year beginning January 1, 1999, and all tax years thereafter is twelve thousand dollars ($ 12,000) if the amount of the employment security...
For the purpose of determining each employer's experience rate for the next succeeding calendar year, the director, not later than October 31 of each year, determines each employer's total taxable...
(a) (1) Whenever, as of September 30, 1987, or any computation date thereafter, the amount in the employment security fund available for benefits is six and four tenths percent (6.4%) or more of...
Contributions required under this chapter for each year will be paid by each employer in the manner and at those times that the director may prescribe. ...
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Notwithstanding any inconsistent provisions of chapters 42 -- 44 of this title, each employer who has not been subject to this chapter for a sufficient period of time to be eligible for any...
For the tax year 2001 and subsequent tax years each employer subject to this chapter is required to pay a job development assessment of twenty-one hundredths of one percent (.21%) of that...
For the tax years 2001, 2002, and 2003, each employer subject to this chapter is required to pay an employment security reemployment assessment of three hundredths of one percent (0.03%) of that...
(a) As of September 30, 1988, and on each computation date thereafter, the director shall determine the balancing rate percentage to be effective for the immediately following tax year in...
(a) (1) (i) Whenever any employing unit in any manner succeeds to, or has succeeded to, or acquires, or has acquired, the organization, trade, separate establishment (provided separate payroll...
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(a) (1) If an employer makes application for refund or credit of any amount paid as contributions or interest under this title and the director determines that the amount or any portion of it was...
Any employer or person aggrieved by any decision of fact or law by the director with reference to its or his or her status as an employer or as to whether services performed for it or him or her...
Employers who fail to make payment of contributions as required by chapters 42 -- 44 of this title or by the regulations adopted as prescribed are liable to the employment security interest fund...
In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this state, including any receivership, assignment for benefit of creditors,...
If an employer for any reporting period fails to make any report used for the purpose of determining the amount of contributions payable under chapters 42 -- 44 of this title at the time and in...
If any employer fails to make any payment of contributions or interest on them at the time and in the manner required by the regulations adopted as prescribed the amount of contributions due is...
(a) The amount of any contributions, interest, and penalties imposed upon any employer under this chapter is a debt due from that employer to the state, is recoverable at law in the same manner as...
The sale or transfer by any employer other than receivers, assignees under a voluntary assignment for the benefit of creditors, trustees in bankruptcy, or public officers acting under judicial...
(a) The director has for the collection of contributions imposed by this chapter all powers that are prescribed for collection of contributions in this title. The director may require any employer...
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(a) In lieu of contributions required by employers under chapters 42 -- 44 of this title, a governmental entity as defined in § 28-42-3(21) may elect to pay to the director for the employment...
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(a) Any nonprofit organization or governmental entity which is or becomes subject to chapters 42 -- 44 of this title on or after January 1, 1978, shall pay contributions under chapters 42 -- 44 of...
(a) At the end of each month, the director shall bill each nonprofit organization or group of those organizations or governmental entity which has elected to make payment in lieu of contributions,...
Each employer that is liable for payments in lieu of contributions in accordance with § 28-43-29 shall pay to the director for the fund the full amount of regular benefits paid plus the full...
Two (2) or more employers that have become liable for payments in lieu of contributions, in accordance with § 28-43-29, may file a joint application to the director for the establishment of a...
Notwithstanding any provisions in §§ 28-43-29 and 28-43-30, any nonprofit organization or group of organizations not required to be covered pursuant to
(a) If at any time the amount in the employment security fund exceeds the amount of any outstanding balance of this state due to the federal unemployment account in the unemployment trust fund,...
Whenever the day for payment of weekly benefit under this chapter falls upon a holiday, that weekly payment shall be made on either the day immediately preceding or the day immediately following...
Notwithstanding any provisions of chapters 42 -- 44 of this title to the contrary, the term wages as used in the phrase wages for employment from employers means, with reference to the benefit...
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Wages earned by an employee for employment from employers which remain unpaid because the assets of the employer for whom that employment was rendered are in the custody or control of an assignee...
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For weeks beginning on or after July 1, 1983, an individual partially unemployed and eligible in any week shall be paid sufficient benefits with respect to that week, so that his or her week's...
For weeks beginning on or after July 1, 1983, an individual who has been totally unemployed and in receipt of benefits for two (2) or more successive weeks and returns to work prior to the end of...
(a) (1) The maximum total amount of benefits payable during a benefit year to any eligible individual whose benefit year begins on or after November 16, 1958, and prior to October 1, 1989, is...
Notwithstanding any provision of chapters 42 -- 44 of this title to the contrary, if the benefit year of an individual terminates prior to the end of a week in which he or she is totally or...
(a) In order to be deemed eligible for benefits, and individual: (1) Must have been paid wages in any one calendar quarter of the base period which are at least two hundred (200) times the...
(a) An individual is not eligible for benefits for any week of his or her partial or total unemployment unless during that week he or she is physically able to work and available for work. To...
(a) Subject to subsection (e), the waiting period of any individual shall be either: (1) Seven (7) consecutive days, commencing with the Sunday of the week in which the claimant filed a claim...
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(a) An individual is not entitled to benefits if he or she became unemployed because of a strike or other industrial controversy in the establishment in which he or she was employed; provided,...
An individual who leaves work voluntarily without good cause is ineligible for waiting period credit or benefits for the week in which the voluntary quit occurred and until he or she establishes...
(a) An individual is eligible for waiting period credit or benefits if that individual voluntarily leaves work due to circumstances directly resulting from domestic abuse, as defined in chapter...
An individual is 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...
(a) If an otherwise eligible individual fails, without good cause, either to apply for suitable work when notified by the employment office, or to accept suitable work when offered him or her, he...
An individual who has established eligibility for benefits by conforming to §§ 28-44-12 and 28-44-13 and who is otherwise eligible and who files a claim for waiting period credits or unemployment...
(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,...
(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...
(a) (1) The director shall promptly determine: (i) Whether or not the claimant has met the eligibility requirements set forth in § 28-44-11. At that time, the director shall promptly notify...
If an appeal is filed by an employer, benefits shall be paid to an eligible claimant until that employer's appeal is finally determined; provided, that if the employer's appeal is finally...
(a) In any case in which the payment or denial of benefits will be affected by § 28-44-16, the director shall promptly transmit his or her full findings of fact with respect to that section to the...
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 time specified. The...
A reasonable opportunity for a fair hearing shall be afforded all interested parties, promptly. An appeal tribunal shall inquire into and develop all facts bearing on the issues and receive and...
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,...
After a hearing, an appeal tribunal shall make findings and conclusions promptly and on the basis of these, affirm, modify, or reverse the director's determination. Each party shall be furnished...
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...
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...
(a) All final determinations and decisions are conclusive upon all parties in interest including the director. (b) The director, appeal tribunal, or board of review shall reopen a determination or...
Final decisions of the board of review and the principles of law declared in their support are binding in all subsequent proceedings involving similar questions, unless expressly or impliedly...
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 is deemed to be the decision of the board of review,...
Each party shall be furnished promptly a copy of the decision and the supporting findings and conclusions of the board of review. The decision is final unless any party in interest, including the...
The board of review and all parties to the proceedings before it are parties to the review proceedings. If the director is a party respondent, the petition is served by leaving with him or her, or...
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...
No agreement by any individual to waive his or her right to benefits or any other right under chapters 42 -- 44 of this title is valid. No agreement by any individual in the employ of any person...
(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...
Benefits which 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, as long as they...
(a) An individual filing a new claim for benefits shall, at the time of filing the claim, disclose whether or not he or she owes child support obligations as defined under subsection (g). If any...
(a) An individual filing a new claim for benefits on or after January 1, 1998, shall, at the time of filing the claim, be advised that: (1) Unemployment compensation is subject to federal and...
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...
(a) Notwithstanding any provisions of this title to the contrary, a claimant is not ineligible for benefits because of his or her regular attendance, whether full-time or part-time, in an adult...
Benefits to which an individual is entitled for any week of unemployment are not reduced by any holiday pay received by that individual where no services are performed on the holiday for which...
(a) Definitions. As used in this section, unless the context clearly requires otherwise: (1) Extended benefit period means a period which: (i) Begins with the third week after...
Benefits based on service in employment for nonprofit organizations, institutions of higher education, and hospitals, as defined in § 28-42-3(22), (23), and (24), are payable in the same amounts...
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Benefits are not 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 participate, for...
(a) Benefits are not 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...
(a) Benefits based on service in employment for nonprofit organizations and educational institutions and governmental entities covered by chapters 42 -- 44 of this title are payable in the same...
(a) Definitions. As used in this section, unless the context clearly requires otherwise: (1) Affected unit means a specified plant, department, shift, or other definable unit...
(a) Definitions. As used in this section, unless the context clearly requires otherwise: (1) Entrepreneurial training assistance program means a program administered by the director...
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...
(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...
(a) The council shall meet as often as may be necessary, but not less than five (5) times a year; may adopt rules and regulations; may establish additional standards for apprenticeship agreements;...
For the purpose of carrying out administerial duties the council may employ assistants and clerical personnel as are necessary, who work under the general supervision of the director of labor and...
The apprenticeship council as provided in § 28-45-2 functions within the department of labor and training as a separate organizational entity, as constituted, and with all the powers and duties...
Related and supplemental instruction for apprentices, coordination of instruction with work experiences, and the selection of teachers and coordinators for that instruction is the responsibility...
Local and state joint apprenticeship committees may be approved in any trade or group of trades, in cities, regions of the state, or trade areas, by the council whenever the apprentice training...
An apprenticeship program, to be eligible for approval and registration with the council, shall conform to the following standards: (1) The program is an organized, written plan embodying the...
A fee of one hundred twenty dollars ($ 120) shall be paid by each program sponsor, except those sponsors who are in registered school-to-career apprenticeship programs only, and/or those sponsors...
For the purposes of this chapter: (1) Apprenticeship agreement means a written agreement between an apprentice and either his employer, or an apprenticeship committee acting as agent for...
This chapter applies to a firm, person, corporation, or organization of employees or an association of employers only after that person, firm, corporation, or organization of employees or...
All apprenticeship agreements submitted for approval and registration with the council shall contain explicitly or by reference: (1) Names and signatures of the contracting parties (apprentice...
A fee of twenty four dollars ($ 24.00) shall be paid by each indentured apprentice, except those apprentices who are registered in school-to-career apprenticeship programs only, not registered as...
The apprenticeship program operates in conformance with state law, including the EEO standards and regulations. ...
Deregistration of a program may be effected upon the voluntary action of the sponsor by a request for cancellation of the registration, or upon reasonable cause, by the council instituting formal...
(a) When a sponsor of an apprenticeship program which is registered and operating in a neighboring state requests registration from the department to train apprentices for work projects in this...
Under a program proposed for registration by an employer or employers' association, and where the standards, collective bargaining agreement, or other instrument provides for participation by a...
As used in this chapter: (1) Accrued portion of the normal retirement benefit means the amount of benefit credited by the employer to the account of an employee participating in a pension...
There is assessed upon every employer who ceases to operate a place of employment within this state a tax which is equal to the total amount of nonvested pension benefits of those employees of the...
Any employer who intends to cease to operate a place of employment within this state shall notify the director of that intention not later than six (6) months prior to the date the employer...
Upon receipt of notification, or upon his or her own initiative when that notification is not given as required, the director shall cause an investigation to be made of the employer to determine...
(a) As part of the investigation of an employer, the director shall determine the amount of nonvested pension benefits which have been compromised or settled to his or her satisfaction. (b)...
After the investigation of the employer, the director certifies to the tax administrator the total amount of nonvested pension benefits which are includable in determining an employer's tax...
For the purposes of this chapter, the employment of any employee terminated within one year, or within a longer period prescribed by the director when he or she determines that an employer is...
The director may promulgate rules and regulations to provide for the efficient administration of this chapter applicable to him or her, or to clarify those provisions as may be necessary to...
The tax administrator is authorized to promulgate rules and regulations for the assessment and collection of the tax imposed by this chapter. ...
The funds of any employer which are set aside or reserved for benefits under a pension plan of the employer to which employees have a vested right shall not be liable to be seized or taken by...
(a) As used in this chapter the term employers includes: (1) Employers with related activity in a given industry employing persons who perform work in connection with the given industry;...
An employer participating in group self-insurance shall not be relieved from the liability for compensation prescribed by chapters 29 -- 38 of this title except by the payment of the liability by...
Each group self-insurer, in its application for group self-insurance, shall set forth the names and addresses of each of its officers, directors, trustees, and general manager. Notice of any...
If for any reason, the status of a group self-insurer under this chapter is terminated, the surety bond on deposit, trust fund, or other security referred to in § 28-47-2 remains in the custody of...
The director shall promulgate those rules and regulations that may be required to carry out the provisions of this chapter, including, without limitation, rules and regulations pertaining to...
(a) The director shall administer all matters relating to group self-insurance under this chapter. (b) The director shall assign each group self-insurer qualified under this chapter, to one of the...
To advise the director, there is an advisory committee for group self-insurance which consists of seven (7) members appointed by the governor. One of those members is named from the manufacturing...
The director annually, as soon as practicable after April first in each succeeding year, shall ascertain the total amount of expenses, including in addition to the direct costs of personal...
For the purpose of this chapter, the amount of surety bond, trust fund, or other adequate security required for group self-insurance plans is determined by the director by rule or regulation. If...
(a) Whenever the director determines that the compensation and benefits provided by this chapter may be unpaid by reason of the default of an insolvent group self-insurance plan, and the penal sum...
Each group self-insurer, except any group self-insurer composed of the state, municipal governments, governmental authorities of the state or municipalities, or quasi-municipal subdivisions of the...
No group may operate as a self insurer without maintaining both specific and aggregate reinsurance and/or excess insurance in a form and with monetary limits approved by the director and from a...
A group self-insurer may constitute itself as any form of legal entity, including, but not limited to, a profit or nonprofit corporation or a partnership. That entity is not considered to be...
An employee leasing company that wishes to self-insure without becoming a member of a group of employers is subject to this chapter and may adopt a plan of self-insurance and make application to...
(a) Every employee who has been employed by the same employer for twelve (12) consecutive months is entitled, upon advance notice to his or her employer, to thirteen (13) consecutive work weeks of...
(a) Every employee who exercises his or her right to parental leave or family leave under this chapter, upon the expiration of that leave, is entitled to be restored by the employer to the...
(a) The taking of parental leave or family leave pursuant to this chapter shall not result in the loss of any benefit accrued before the date on which the leave commenced. (b) Except as provided...
(a) It is unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by this chapter. (b) It is unlawful for any employer to...
A civil action may be brought in the superior court by an employee or by the director against any employer to enforce this title or of any order issued by the director pursuant to § 28-48-7. The...
If, after giving an employer written notice and an opportunity to be heard, the director finds that the employer has failed to comply with any provision of this chapter, the director may issue...
Any employer who violates any provision of this chapter or of any order issued pursuant to § 28-48-7 is subject to a civil penalty of not more than one thousand dollars ($ 1,000). In the case of a...
If any provision of this chapter or the application of any provision to any person or circumstance is held to be invalid by any court of competent jurisdiction, that invalidity shall not affect...
(a) Each employer shall post and keep posted, in conspicuous places upon its premises where notices to employees and applicants for employment are customarily posted, a notice, to be approved by...
Any employer who allows sick time or sick leave of an employee to be utilized after the birth of a child shall allow the same time to be used for the placement of a child sixteen (16) years of age...
(a) An employee who has been employed by the same employer for twelve (12) consecutive months is entitled to a total of ten (10) hours of leave during any twelve (12) month period to attend school...
This chapter shall be known and may be cited as the Rhode Island Disaster Service Volunteer Leave Act. ...
(a) Any state employee who is a certified disaster volunteer of the American Red Cross may be granted leave work with pay for not more than ten (10) working days each calendar year to participate...
This chapter may be cited as the Rhode Island Whistleblowers' Protection Act. ...
As used in this chapter: (1) Employee means a person employed by any employer, and shall include, but not be limited to, at-will employees, contract employees, and independent contractors....
An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment: (1)...
(a) A person who alleges a violation of this act may bring a civil action for appropriate injunctive relief, or actual damages, or both within three (3) years after the occurrence of the alleged...
A court, in rendering a judgment in an action brought under this act, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement...
This chapter shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement. ...
This chapter shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing or inquiry held by a public body in accordance with § 28-50-3. ...
An employer shall post notices and use other appropriate means to keep his or her employees informed of their protections and obligations under this chapter. ...
If any provision of this chapter or the application of any provision to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect...
As used in this chapter: (1) Employer means any entity employing fifty (50) or more employees. (2) Sexual harassment means any unwelcome sexual advances or requests for sexual favors or...
(a) All employers and employment agencies shall promote a workplace free of sexual harassment. (b) Every employer shall: (1) Adopt a policy against sexual harassment which includes: (i) A...
Employers are encouraged to conduct an education and training program on sexual harassment consistent with the aims and purposes of this chapter for all employees, including, but not limited to,...
This chapter shall be known and may be cited as The Rhode Island Workplace Violence Prevention Act of 2001. ...
(a) If an employer, or an employer's employee(s) or invitee(s) have: (1) suffered unlawful violence by an individual; or (2) received a threat of violence by an individual which can reasonably be...
If any provision of this chapter or its application to any person or circumstance is held to be invalid by any court of competent jurisdiction, that invalidity shall not affect other provisions or...
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