Title 28, Title 28 and Labor Relations

All moneys received by the director from the Secretary of Labor of the United States under Title III of the Social Security Act, 42 U.S.C. § 501 et seq., or any unencumbered balance of the employment security administration account except money received for the payment of expense…

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 employment security administration account established by this chapter. (2) “Average weekl…

If any money received from the Secretary of Labor under Title III of the Social Security Act, 42 U.S.C. § 501 et seq., or any unencumbered balances in the employment security administration account as of that date, any moneys granted after that date to this state pursuant to the …

It shall be the duty of the director to administer chapters 42 — 44 of this title subject to the provisions of those chapters; and he or she shall have the power and authority to: (1) Enforce all the reasonable rules and regulations that may be adopted as provided elsewhere in th…

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 title during the preceding calendar year and making any recommendations that the direc…

(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 shall at once inform the governor and the general assembly and make recommendations accordingly. In that case, the governor m…

(a) The board of review shall have 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 administrative procedure as proposed by the director. Those general and speci…

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 that shall become effective as specified elsewhere in this chapter, his or her annual report to the governor, and any oth…

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 any officers, accountants, and other persons that are necessary in the execution of…

(a) The human resource investment council shall establish a state advisory council of eight (8) members. Four (4) of the members shall be appointed by the governor from recommendations made by the human resource investment council; two (2) of those members shall be persons who, b…

(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 weekly hours worked for him or her by each, and of the weekly wages paid by him or her to…

(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 42 U.S.C. § 1320b-7. Each employer shall be required to submit a detailed wage report to…

(a) The department of labor and training will participate in the income and eligibility verification procedures as required by 42 U.S.C. § 1320b-7, which provides for the exchange of information among agencies administering federally assisted programs for aid to families with dep…

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 otherwise specifically authorized by this chapter, shall be guilty of a misdemeanor punishable by a …

Whenever any employing unit, subject to the provisions of § 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 that would require the services of individuals in employment within this st…

“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 not localized in any state but some of the service is performed in this state and (i) The base of op…

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 as will effect the regularization of employment. The director shall encourage and recom…

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 or their administration and enforcement, except as special counsel may be designated …

(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 government in the administration of chapters 42 — 44 of this title, or in the admini…

The state of Rhode Island accepts the Wagner-Peyser Act, 29 U.S.C. § 49 et seq., in conformity with 29 U.S.C. § 49c, and will observe and comply with the requirements of that 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 charged with the administration of an unemployment compensation law, with any polit…

It shall be 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 given full power to do and perform all things necessary to secure to this state th…

All federal funds made available to the director or to this state under the Wagner-Peyser Act, 29 U.S.C. § 49 et seq., shall be paid into the employment security administration account created by § 28-42-25, and those funds are made available to the director to be expended as pro…

All funds made available by the general assembly for the state employment service shall be paid into the employment security administration account created by § 28-42-25, and those funds are made available to the director to be expended as provided by chapters 42 — 44 of this tit…

The general assembly shall from time to time appropriate any sums of money that may be necessary, out of moneys in the general treasury not otherwise appropriated, for the purpose of maintaining the public employment offices created under this chapter, and for the purpose of coop…

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 out of that state, but the service performed out of that state is incidental to the individual’s service within the state;…

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 shall be applicable to all functions and duties performed by the department of labor and training, its director, or his or her authorized representative; provided, that all those funct…

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 the director may prescribe, the following functions and duties: (1) Establish and ma…

In order to perform the functions and duties as specified under § 28-42-51, the director of administration is empowered to take any action that shall be deemed necessary and advisable and to assign any subordinates or employees to the department of labor and training that he or s…

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 shall be presented, or the manner in which hearings and appeals are conducted, shall be in accordance with the regulations adopted…

In the discharge of their duties under chapters 42 — 44 of this title, the director or his or her duly authorized representative, the board of review, an appeal tribunal, or any duly authorized representative of the board of review, shall have power to administer oaths to persons…

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 review, shall have jurisdiction to issue to that person an order requiring that person to…

Witnesses subpoenaed pursuant to § 28-42-54 shall be allowed fees at a rate fixed by the director. Those fees shall be deemed a part of the expense of administering chapters 42 — 44 of this title.

The director or the board of review shall be 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 qualified attorney designated by him, her, or it for that purpose or, at his, …

The director is authorized to enter into arrangements with the appropriate and duly authorized agencies of other states, the federal government or its territories, and of foreign governments, whereby, notwithstanding any other provisions of chapters 42 — 44 of this title, service…

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 his or her wages and employment covered under the employment security laws of other …

Services not covered under § 28-42-4 and performed entirely out of this state, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state or of the federal government, shall be deemed to be employment subject to …

(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 Virgin Islands, in the employ of an American employer (other than service that …

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 and duly authorized agencies of foreign governments whereby facilities and services provided under the em…

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 government participating in that arrangement has been changed in a material respect, the…

(a)(1) It shall be unlawful to do any of the following: (i) Make or cause to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining or denying any benefits; (ii) Present, or cause to be presented, any knowingly false o…

Whenever any employer fails to comply with any provision of this title, the director, upon a hearing, after giving the person at least five (5) days’ notice in writing specifying the time and place of the hearing and requiring him or her to show cause why his or her registration …

Any individual, or employing unit, or its agent, who or that 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 knowingly fails or refuses to make any contribution or report at the time a…

(a) The superior court shall have 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 has been suspended or revoked. (b) The director may institute proceedings to p…

An employer who or that fails to file any reports required under chapters 42 — 44 of this title, or fails or refuses to pay any contributions required under those chapters in the manner and at the times as required by the law and regulations or as the director may, in accordance …