Title 28, Title 28 and Labor Relations

The director shall be the party complainant to any complaint and warrant brought to invoke the penalties provided for in §§ 28-42-62 [repealed], 28-42-62.1, 28-42-63 [repealed], and 28-42-63.1 — 28-42-67, and the director shall be exempt from giving surety for costs in any action…

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 and regulations.

All criminal actions for any violation of chapters 42 — 44 of this title or of any rule or regulation shall be prosecuted by the attorney general or by any qualified member of the Rhode Island bar who shall be designated by the director and approved by the attorney general to ins…

In the event that the federal Social Security Act, 42 U.S.C. § 301 et seq., is repealed, amended, or otherwise changed by the Congress of the United States, or is finally adjudged invalid or unconstitutional by the Supreme Court of the United States, with the result that no porti…

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 amend or repeal those chapters at any time.

Chapters 42 — 44 of this title shall be construed liberally in aid of their declared purpose, which declared purpose is to lighten the burden that now falls on the unemployed worker and his or her family.

If any provision of chapters 42 — 44 of this title, or its application to any person or circumstance, is held invalid, the remainder of the chapters and the application of that provision to other persons or circumstances shall not be affected by that invalidity.

(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 state beyond the amounts paid into and earned by the fund. This fund shall consist of: (i…

(a) The moneys in the interest fund shall be used solely for the following purposes: (1) To make refunds of interest erroneously collected and deposited in the fund; (2) To make payments of interest due on federal advances received from the federal unemployment account under 42 U…

(a) The general treasurer shall be custodian and treasurer of the interest fund. The general treasurer shall have custody of all moneys belonging to the fund and not otherwise held, deposited, or invested pursuant to chapters 42 — 44 of this title. (b) The general treasurer shall…

(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 state beyond the amounts paid into and earned by the fund. This fund shall consist o…

(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 maintain essential department programs. (b) The general treasurer shall pay all vouchers duly dra…

“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 quarter after December 31, 1977, in the current calendar year, or the preceding calendar year to…

(a) The general treasurer shall be custodian and treasurer of the tardy account fund. The general treasurer shall have custody of all moneys belonging to the fund and not otherwise held, deposited, or invested pursuant to chapters 42 — 44 of this title. (b) The general treasurer …

(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 United States Department of Health and Human Services and who may not be claimed as …

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 of state government; Whereas, the rapidly changing economy requires that the Rhod…

(a)(1) There is created as a restricted-receipt account within the general fund the job development fund, to be administered by the governor’s workforce board Rhode Island (workforce board), without liability on the part of the state beyond the amounts paid into and earned by the…

(a) The moneys in the job development fund shall 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 collection and maintenance of the fund by the department; (2) To make refunds of contrib…

(a) The general treasurer shall be custodian and treasurer of the job development fund. The general treasurer shall have custody of all moneys belonging to the fund. The general treasurer shall have custody of all moneys belonging to the fund and not otherwise held, deposited, or…

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; and Whereas, the state’s low unemployment rate has made it increasingly difficult for employers to find qualified …

(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 into and earned by the fund. This fund shall consist of: (i) All payments received fro…

(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; (2) To pay any administrative expenses incurred by the department of labor and training asso…

(a) The general treasurer shall be custodian and treasurer of the employment security reemployment fund. The general treasurer shall have custody of all moneys belonging to the fund and not otherwise held, deposited, or invested pursuant to chapters 42 — 44 of this title. (b) The…

For the purpose of establishing coverage of maritime services rendered on, or in connection with, vessels, the provisions of §§ 28-42-4 and 28-42-5 and those of the Interstate Maritime Reciprocal Agreement shall apply.

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 established within the employment security fund, the initial balance of which shall be establishe…

(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 reports have been filed with the director for the separate establishment), or business, o…

(a) 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 erroneously collected, the director shall, in his or her discretion, either allow a cred…

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, within fifteen (15) days after the notice of denial has been mailed to the applicant’s last known address, files an appeal …

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 constitutes employment, or as to any other matter for which an appeal is not otherwis…

Employers who or that fail to make payment of contributions as required by chapters 42 — 44 of this title or by the regulations adopted as prescribed shall be liable to the employment security interest fund for interest on the outstanding balance of those delinquent payments at t…

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, adjudicated insolvency, composition, or similar proceeding, contribution payments then or subs…

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 the manner required by the regulations adopted as prescribed or if those reports when f…

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 shall be collected by civil action. All civil actions shall be instituted in the name of…

In any civil action brought to enforce the provisions of 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 at the director’s request, by the attorney general.

Subsequent to the establishment of the balancing account as set forth in § 28-43-1(1), the credits and charges to that account shall be determined by the director as follows: (1) Credits to the balancing account: (i) All interest earnings received by the fund; (ii) All transfers …

(a) The amount of any contributions, interest, and penalties imposed upon any employer under the provisions of this chapter shall be a debt due from that employer to the state; shall be recoverable at law in the same manner as other debts; and shall until collected constitute a l…

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 process, of the major part in value of the assets of that employer otherwise than in th…

(a) The director shall have for the collection of contributions imposed by this chapter all powers as are prescribed for collection of contributions in this title. The director may require any employer subject to the taxes imposed by this chapter to file with the director a bond,…

(a) In lieu of contributions required by employers under chapters 42 — 44 of this title, a governmental entity as defined in § 28-42-3 may elect to pay to the director for the employment security fund an amount equal to the amount of regular benefits and of one-half (½) of the ex…

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 shall not be assessed.

(a) Any nonprofit organization or governmental entity that is or becomes subject to chapters 42 — 44 of this title on or after January 1, 1978, shall pay contributions under the provisions of chapters 42 — 44 of this title, unless it elects, in accordance with this section, to pa…

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 employer’s account, exclusive of the state of Rhode Island, its political subdivisions, and t…

(a) At the end of each month, the director shall bill each nonprofit organization or group of those organizations or governmental entity that has elected to make payment in lieu of contributions, for an amount equal to the full amount of regular benefits, plus the full amount of …

(a) Each employer who or 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 amount of extended benefits paid, less any federal payments to the state under…

Two (2) or more employers who or that have become liable for payments in lieu of contributions, in accordance with the provisions of § 28-43-29, may file a joint application to the director for the establishment of a group account for the purpose of sharing the cost of benefits p…

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 26 U.S.C. § 3309(a)(1) prior to January 1, 1978, and that prior to October 20, 1976, paid contributions required by the provisio…