Navigating Rhode Island’s intricate web of labor and employment laws can help safeguard your rights as a worker. From wage and hour regulations to hiring and firing practices, anti-discrimination policies, and mandated paid leave, these statutes aim to create a fair and equitable workplace environment.
If your employer has violated your rights, a Providence labor and employment lawyer with Duddy, Goodwin & Pollard can be your advocate. Our dedicated team can help you seek justice through our Rhode Island labor & employment law guide.
Understanding Your Employee Rights Under Rhode Island’s Labor & Employment Laws
Whether you are just starting a new job or are somewhere along the application process, you have rights under Rhode Island’s labor and employment laws. Our legal team can help if you have issues involving hiring practices, drug testing, paid leave, or wrongful termination. Take a look at some of the laws governing employees’ rights and employers’ responsibilities.
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Wage Laws
Rhode Island’s wage laws aim to ensure workers receive proper minimum wage, overtime compensation, and timely final payments upon separation, with specific provisions for various industries and circumstances.
R.I. Gen. Laws § 28-12-3 sets the state minimum wage, which is scheduled to increase periodically, reaching $13.00 per hour as of January 2023. Employers must refer to the statute for the most current minimum wage rate. When it comes to overtime pay, R.I. Gen. Laws § 28-12-4.1 mandates that:
- Employees working over 40 hours per week must receive overtime pay at 1.5 times their regular rate.
- The fluctuating workweek method for calculating overtime pay is prohibited for delivery drivers and sales merchandisers.
- For retail employees, Sunday and holiday hours paid at 1.5 times the regular rate are excluded from overtime calculations.
- Firefighters must receive overtime pay for hours exceeding an average 42-hour workweek.
Final Payments are subject to R.I. Gen. Laws § 28-14-4, which dictates that:
- Unpaid wages are due on the next regular payday after separation.
- After one year of service, accrued vacation pay must be paid out.
- If the business closes/relocates, all wages, accrued vacation, holiday pay, and insurance benefits are due within 24 hours.
Hiring and Firing Protocols
Rhode Island is an at-will employment state, which allows employers to discharge employees at any time for any permissible reason or no reason unless there is a contractual agreement stating otherwise.
However, the state is not a right-to-work state, meaning union membership can be a condition of employment, and employers cannot discriminate against employees based on their union affiliation, per R.I. Gen. Laws § 28-6.6-1.
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Drug Testing Protocols
Under R.I. Gen. Laws § 28-6.5-2, employers can require drug testing for employees if there are reasonable grounds to believe they may be under the influence, affecting job performance. Positive tests must be confirmed by a certified laboratory, and employees have the right to rebut or explain the results. Employers must have a drug abuse prevention policy and keep test results confidential.
For job applicants, pre-employment drug testing is allowed if there is a conditional job offer, the testing is done privately, and positive results are confirmed by a certified laboratory. However, pre-employment testing is restricted for state, municipal, and certain safety-sensitive positions unless required by federal law or funding.
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Discrimination Prevention
Rhode Island’s State Fair Employment Practices Act (R.I. Gen Laws § 28-5-5 and R.I. Gen Laws § 28-5-7) prohibits employment discrimination based on race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin.
It recognizes equal employment opportunities as a civil right for all individuals in the state, regardless of these protected characteristics. Discrimination on the basis of sex, sexual orientation, and gender identity or expression is explicitly unlawful under this act.
Paid Leave Entitlements
Rhode Island’s paid leave laws aim to provide employees with the ability to take time off for personal or family health needs, as well as to address situations involving sexual assault, domestic violence, or stalking without fear of losing compensation or employment.
Paid sick and safe leave under R.I. Gen. Laws § 28-57-5 and R.I. Gen. Laws § 28-57-6 include the following entitlements:
- Employers with 18 or more employees must provide paid sick and safe leave.
- Employees accrue 1 hour of paid leave for every 35 hours worked, up to 40 hours per year.
- Employers with fewer than 18 employees must provide unpaid sick and safe leave.
- Leave can be used for personal illness, injury, medical appointments, or to address issues related to sexual assault, domestic violence, or stalking.
- Employees can also use leave to assist family members for the same purposes.
Rhode Island’s laws also provide employees with parental and family leave rights. R.I. Gen. Laws § 28-48-2(a) allows an employee who has been employed by the same employer for 12 consecutive months to take 13 consecutive work weeks of parental leave or family leave in any two calendar years, with at least 30 days’ notice unless prevented by a medical emergency.
The leave granted may be unpaid, according to R.I. Gen. Laws § 28-48-2(b). If an employer provides paid parental leave or family leave for fewer than 13 weeks, the additional weeks needed to attain the total of 13 weeks may be unpaid. These provisions allow eligible employees an extended period for parental or family responsibilities while giving employers flexibility in offering paid leave for a portion of that time.
Call Us for More Information from Our Rhode Island Labor & Employment Law Guide
At Duddy, Goodwin & Pollard, our labor and employment lawyers in Providence understand the importance of your job or career. Without state and federal laws, you would have no legal recourse against unfair labor practices. Even with the law on your side as an employee, issues can still arise.
That’s where our attorneys can come in and help. Contact us today to discuss your case during a complimentary consultation. We can begin working on your case immediately.
Call or text (860) 999-9394 or complete a Free Case Evaluation form