Title 28, Title 28 and Labor Relations

If any provision of this chapter or any rule or regulation created under this chapter, or the application of any provision of this chapter to any person or circumstance shall be held invalid in any court of competent jurisdiction, the remainder of the chapter, rule, or regulation…

This chapter shall be known and may be cited as the “Rhode Island Noncompetition Agreement Act.”

As used in this chapter: (1) “Business entity” means any person as defined in § 43-3-6 and includes a corporation, business trust, estate trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. (2) “…

(a) A noncompetition agreement shall not be enforceable against the following types of workers: (1) An employee who is classified as nonexempt under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219; (2) Undergraduate or graduate students who participate in an internship or othe…

(a) The department of labor and training shall consult with the office of veterans services to create and distribute a veterans’ benefits and services poster. (b) Such poster shall, at a minimum, include information regarding the following services available to veterans: (1) Cont…

(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 employment. (b) Written examinations as defined in § 28-6.1-4 may be used as long as the result…

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 lie detector test, is guilty of a misdemeanor punishable by a fine of not more than o…

In any civil action alleging a violation of this chapter, the court may: (1) Award punitive damages to a prevailing employee or prospective employee in addition to any award of actual damages; and (2) Award reasonable attorneys’ fees and costs to a prevailing employee or prospect…

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 that is operated or the results of which are used or interpreted by an examiner for the purpose of purporting to assist in …

(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 employer who fails to comply with the provisions of this section shall be subject to …

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)(1) 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 the written request of an employee, permit an employee to inspect personnel files th…

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 tissue for testing as a condition of continued employment unless that test is administere…

(a) Except as provided in subsections (b) and (c) of this section, 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 applicant has been given an offer of employment conditioned on the appli…

If any provision of this chapter or the application of it to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end 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 compensation, terms, conditions, or privileges of employment because of the individual’s a…

(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 licensure; (2) Affect the terms, conditions, or privileges of employment or licensure…

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 the interest of an employer directly or indirectly. (2) “Employment agency” includes any p…

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 reasonable attorneys’ fees and costs; and (2) Afford injunctive relief against any employer wh…

If any provision of this chapter or the application of it to any person or circumstances is held invalid, that invalidity does not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the p…

Any contract or agreement, that purports to waive the provisions of this chapter, is null and void as being 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 information is related to a crime that must otherwise be reported by law.

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 attorneys’ fees and costs; and (2) Afford injunctive relief against any employer who commits or…

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 documents as a condition of consideration for employment.

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 attorney’s fees and costs; and (2) Afford injunctive relief against any employer or agent of 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, or other plan for the benefit of employees, it shall be unlawful for the employer to …

The director of labor and training shall enforce the provisions of § 28-7.1-1.

“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 labor organization, or by an employer and an employee organization, the funds for which are d…

(a) All defined benefit plans that are not covered by the Employee Retirement Income Security Act of 1974 (ERISA) and have two hundred (200) or more plan members shall be required to comply with the provisions of 29 U.S.C. § 1024(b)(3). (b) This section shall not apply to governm…

This chapter may be cited as the “Firefighters Arbitration Act.”

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 town by which they are employed. The factors, among others, to be given weight by the a…

Fees and necessary expenses of arbitration shall be borne equally by the bargaining agent and the corporate authorities. Notwithstanding any other remedies that a court appointed arbitrator appointed by the chief justice pursuant to § 28-9.1-8 may have, an arbitrator or a party w…

Any agreements actually negotiated between the bargaining agent and the corporate authorities either before or within thirty (30) days after arbitration shall constitute the collective bargaining contract governing firefighters and the city or town for the period stated in the ag…

Whenever wages, rates of pay, or any other matter requiring appropriation of money by any city or town are included as a matter of collective bargaining conducted under the provisions of this chapter, it is the obligation of the bargaining agent to serve written notice of request…

If any provision of this chapter, or its application to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the application of the provisions to other persons or circumstances, other than those to which it is he…

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 arbitration panel is sought to be reviewed by writ of certiorari to the supreme court, …

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 majority decision of the arbitrators, which by the provisions of § 28-9.1-9 is binding…

All contractual provisions contained in a collective bargaining agreement entered into pursuant to the provisions of this chapter shall continue in the following collective bargaining agreement unless either the bargaining agent or the corporate authority shall, in writing, withi…

(a) The exclusive representative shall have the right to act for and negotiate agreements covering all employees in the bargaining unit. Nothing in the provision shall require the exclusive representative to provide representation at any level of the grievance process, including …

(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 city or town, and all employees of any paid fire department in any city or town not…

As used in this chapter the following terms, unless the context requires a different interpretation, have the following meanings: (1) “Corporate authorities” means the proper officials within any city or town whose duty or duties it is to establish the wages, salaries, rates of p…

The firefighters in any city or town have the right to bargain collectively with their respective cities or towns and be represented by a labor organization in the collective bargaining as to wages, rates of pay, hours, working conditions, and all other terms and conditions of em…

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 city or town fire department unless and until recognition of the labor organization…

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 town fire department, the collective bargaining agreement, entered into and in effect p…