The Rhode Island Employment Law Guide

Employers must pay their hourly employees weekly on regular paydays the employer chooses in advance. An employer may request an exemption from the Labor Commissioner. Childcare providers may choose to be paid every two weeks.

Employees whose wages are fixed at a biweekly, semimonthly, monthly, or annual rate do not need to be paid weekly.

At least three paydays before changing the scheduled payday, employers must post a notice in a prominent location or otherwise inform employees in writing.

Employers who run background checks should ensure they’re following the requirements of the Fair Credit Reporting Act, which are available here.

Rhode Island requires that employers conduct background checks on the following types of employees or applicants: School personnel, unless they have been employed by a school in Rhode Island within the past 12 months, including volunteers who may have direct and unmonitored contact with children or students on school premises; Healthcare personnel working for an agency or facility licensed by the state if the employee will have routine contact with a patient or resident outside the presence of other employees; Personnel working for an assisted living residence if the employee will have routine contact with a resident or have access to a resident’s belongings or funds; Personnel working for a facility licensed by the Department of Children, Youth, and Families if the employee will have supervisory or disciplinary power over children or will have routine contact with children outside the presence of other employees; Personnel working for a facility licensed, funded, or operated by the Department of Mental Health, Retardation, and Hospitals.

Employers may obtain credit reports on applicants but must tell the applicant that they will request their credit report beforehand. If the employer does not hire the applicant because of the information in the credit report, they must tell them so and give them the name and address of the credit reporting agency that produced the report.

Rhode Island has a “Ban the Box” law. Under the law employers are prohibited from asking whether a job applicant has a criminal history prior to the first interview. Employers may only inquire about convictions and may never inquire about arrests. Applicants whose records have been expunged may deny having a criminal history.

Employers who want to test applicants for drug or alcohol use must comply with all the following requirements: Only test an applicant after offering them a job conditioned on passing a drug test; Only test an applicant in private, outside the presence of any people; Confirm a positive test by a federally certified laboratory that uses gas chromatography-mass spectrometry or technology that is at least as scientifically accurate.

Employers who want to test employees for drug or alcohol use must comply with all the following requirements: Have reasonable grounds based on specific aspects of the employee’s job performance and specific contemporaneous documented observations, concerning the employee’s appearance, behavior, or speech to believe that the employee may be under the influence of drugs or alcohol, which may be impairing their ability to perform their job; Provide the test sample in private, outside the presence of any person; Do not discharge an employee because they fail their drug test and, instead, refer them to a licensed substance abuse professional for assistance. However, an employer may require additional testing and discharge an employee who fails their drug test after completing their treatment; Confirm a positive test by a federally certified laboratory that uses gas chromatography-mass spectrometry or technology that is at least as scientifically accurate; Pay for testing; Allow the employee to have the sample tested or evaluated by an independent testing facility and inform the employee that they can do so; Provide the employee with a reasonable opportunity to rebut or explain the results; Have a drug abuse prevention policy that complies with requirements of this chapter; Keep the results of all tests confidential, except for disclosing the results of a positive test to other employees with a job-related need to know and to defend against any legal action brought by the employee against the employer.

Employers in Rhode Island may not discharge or discriminate against an employee for doing any of the following: Reporting in good faith a violation of a state, federal, or local law or rule; Participating in an investigation or proceeding; Refusing to participate in a violation of a of state, federal, or local law.

COBRA is a federal law that allows many employees to continue their health insurance benefits after their employment ends. Because federal COBRA only applies to employers that have 20 or more employees, many states have adopted their own versions of the law, which are known as “mini-COBRAs.” Rhode Island’s mini-COBRA allows employees to continue their coverage for up to 18 months. Employers must post a notice in a prominent location of their COBRA rights. In addition, we recommend informing an employee as soon as a triggering event occurs.

Employers with an average of 25 or more employees for six months of the year are required to maintain and make available to employees a cafeteria-style (aka “Section 125”) health insurance plan.

Rhode Island employers may not: Require, coerce, or request an employee or applicant to disclose the password or any other means for accessing a personal social media account; Require, coerce, or request an employee or applicant to access a personal social media account in the presence of the employer or representative; Require or coerce an employee or applicant to divulge any personal social media account information; Compel an employee or applicant to add anyone, including the employer or their agent, to their list of contacts associated with a personal social media account; Require, request, or cause an employee or applicant to alter settings that affect a third party’s ability to view the contents of a personal social media account.

There is an exception to the law when something on social media is reasonably believed to be relevant to an investigation of allegations of employee misconduct or workplace-related violation of applicable laws and regulations and when not otherwise prohibited by law or constitution; provided that the information is accessed and used solely to the extent necessary for purposes of that investigation or a related proceeding.

Employers may not listen to or record their employees’ wire communications except in limited circumstances, such as if at least one of the parties to the communication has given prior consent. Employers may not record their employees in restrooms, locker rooms, or any place that is designated for them to change clothes. Employers may not install any tracking device, such as GPS, in a motor vehicle, unless they obtain consent from the driver and all the passengers or the employer owns or leases the motor vehicle.

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