Employment and labor laws in Rhode Island [Updated 2024]

Navigating employment and labor laws is a necessary part of running a business. The laws exist to balance the rights of employees and the needs of employers. While federal laws provide a baseline, states can (and do) pass their own laws that can add to the complexity of complying with every regulation you’re subject to—especially if you employ workers in multiple states.

Rhode Island has a mix of laws that offer protection for workers, often going above and beyond federal regulations.

Rippling's Professional Employer Organization service takes the complexity out of compliance in Rhode Island by handling your tax registration and management, so you can scale your business faster.

Employment vs. labor law: What’s the difference?

It's not uncommon for the terms "employment law" and "labor law" to be used interchangeably. While they overlap in several areas, their actual meanings differ considerably. The distinction primarily hinges on the parties involved.

Here’s what each term covers in more detail:

• Employment law concerns the relationship between an employer and an individual employee, including working hours and conditions, compensation, overtime, hiring, termination, discrimination, and retaliation.
• Labor law engages with the relationship between an employer and a collective group, such as unions, including union affiliations and rights, dues, and collective bargaining agreements.

While both types of law aim to protect the rights of workers, understanding their unique characteristics helps employers navigate and remain compliant with the legal requirements of running a business.

Wages and hours in Rhode Island

Wage and hour regulations in Rhode Island dictate the earnings an employee should receive for the time they spend at work, ensuring fairness and compliance with both state and federal guidelines.

Minimum wage in Rhode Island

Rhode Island's minimum wage is currently $14.00 per hour, which is higher than the federal minimum wage of $7.25 per hour.

However, there are some exceptions to this minimum wage rule in Rhode Island:

• For full-time students under 19 years old working for nonprofit, religious, educational, library, or community service organizations, the minimum wage is 90% of the current minimum wage in the state. 
• For 14- and 15-year-olds who work more than 24 hours a week, the minimum wage is 75% of the current minimum wage in the state.
• Domestic service workers or workers employed in private homes, federal service, or voluntary service in educational, charitable, religious, or nonprofit organizations are not subject to the state minimum wage—this includes home delivery newspaper carriers, shoe shine workers, golf course caddies, theater ushers, or traveling salespeople.

When setting employee wages, Rippling automatically flags minimum wage violations based on the state where an employee lives. This is particularly useful for states where the minimum wage is higher than the federal rate, like Rhode Island.

Overtime pay in Rhode Island

In Rhode Island, employees are entitled to 1.5 times their regular rate of pay for all hours worked beyond 40 in a workweek. However, there are some types of workers that aren't eligible for overtime pay.

Rippling’s payroll software automatically applies the correct pay rate when an employee’s hours trigger overtime pay requirements, ensuring compliance with overtime laws in Rhode Island and across the country.

Pay transparency in Rhode Island

Pay transparency laws are becoming more and more common across the US as states look to reduce pay gaps and promote equity. Rhode Island passed a pay transparency law that went into effect on Jan. 1, 2023. It requires all employers with at least one employee in the state to disclose salary ranges for job applicants’ and current employees’ positions:

• If they request it
• Before discussing an offer or compensation for job applicants
• At the time of hire or before they move to a new position for current employees

Employers who violate the law can face civil penalties ranging from $1,000 to $5,000 per offense. Employers are also banned from asking job applicants about their salary history.

Rippling's Headcount Planning and Compensation Bands tool helps enforce compensation bands during the onboarding process and automatically flags out-of-band adjustments so you can approve special cases or block them as needed.

Breaks and rest periods in Rhode Island

The Ocean State recognizes the importance of breaks and rest periods for employees’ well-being and productivity. Rhode Island's employment regulations ensure that workers receive the necessary downtime during their shifts to refresh and recharge.

• Meal breaks: Rhode Island mandates that employees working a six-hour shift are entitled to a 20-minute meal break. Those working an eight-hour shift receive a 30-minute meal break. Exceptions include healthcare facilities and companies with less than three employees during a given shift.
• Rest periods: There is no specific state mandate regarding short rest breaks (usually lasting five to 20 minutes). However, the Federal Fair Labor Standards Act (FLSA) indicates that short breaks, when offered, must be paid.

Leaves of absence in Rhode Island

Leaves of absence ensure that employees have job security during periods away from work. While certain leaves are protected at the federal level, states like Rhode Island offer their own laws and protections to further support their workforce.

Employees working for an employer with 50 or more employees are eligible for leave under the federal Family and Medical Leave Act (FMLA). They must have worked for the employer for at least 12 months and have clocked in a minimum of 1,250 hours during the previous 12 months. Eligible employees can take leave for reasons such as:

• Birth and care of a newborn child
• Care for an immediate family member (spouse, child, or parent) with a serious health condition
• Recovery and treatment from a serious health condition
• Military family leave

Rhode Island employees are entitled to paid safe leave, allowing them time off to address issues related to domestic violence or sexual assault. It’s also one of few states that offers a temporary caregiver program. Known as Temporary Caregiver Insurance, it provides eligible employees with wage replacement benefits for up to six weeks a year to care for an ill spouse, child, partner, parent, grandparent, and more.

Pregnancy disability leave in Rhode Island

Under the Rhode Island Parental and Family Medical Leave Act (RIPFMLA)—applicable to employers with 50+ employees—eligible employees can receive 13 consecutive weeks of unpaid leave in any two-calendar-year period for the birth of a child or adoption (16 years or younger). 

While this leave isn't specifically designed for employees experiencing difficult pregnancies, it can be used in such cases. Employees may have to show written documentation from a physician.

Paid sick and safe leave in Rhode Island

In Rhode Island, the Healthy and Safe Families and Workplaces Act provides employees with the right to earn and use paid sick and safe leave. This act is applicable to employers with 18 or more employees. If you employ less than 18 workers, you must still provide sick and safe leave, but it doesn't need to be paid.

Employees earn one hour of paid sick leave for every 35 hours worked, with a maximum of 40 hours in a calendar year. They can use sick leave at their own discretion.

Managing various leave policies can be a significant challenge for businesses. Rippling allows you to automate and customize your leave policy, giving you full visibility into how employees are utilizing it.

Workplace safety in Rhode Island

Ensuring workplace safety is a responsibility shared between employers and employees. While most states abide by the federal standards set by the Occupational Safety and Health Act (OSHA), some have established their own regulations. In Rhode Island, while the state generally aligns with federal OSHA regulations, there’s also a state plan that addresses and enforces workplace safety and health regulations specifically tailored to the needs and industries present in the state.

Rhode Island's state plan, known as the Rhode Island Occupational Safety and Health Act, operates under the authority of the Rhode Island Department of Labor and Training. 

Employee protections under Rhode Island’s state plan include:

• Right to know: Employees have the right to be informed about any hazardous chemicals they might be exposed to at work.
• Whistleblower protections: Workers who report unsafe conditions are protected from retaliation.
• Training requirements: Employers must ensure their employees are adequately trained, especially when handling hazardous materials.
• Emergency preparedness: Employers need to have emergency action plans in place, ensuring that employees know how to respond during crises.
• Recordkeeping obligations: Employers have recordkeeping obligations to maintain safety reports.
• Child workplace safety: For those under 18 years of age, child labor laws ensure their safety by defining appropriate job roles and work hours.

One important component of workplace safety is the Injury and Illness Prevention Program (IIPP). This program requires employers to identify potential workplace hazards and establish procedures to prevent accidents and injuries from occurring.

Rippling PEO offers a convenient pay-as-you-go workers’ comp plan that doesn’t require you to pay upfront for the whole year, allowing you to scale your business stress-free in Rhode Island and anywhere else in the US.

Discrimination and harassment laws in Rhode Island

Discrimination and harassment in the workplace concern the fundamental rights and dignity of every individual. In Rhode Island, state legislation often exceeds federal standards in its commitment to ensuring safe, fair, and inclusive work environments.

Protected characteristics in Rhode Island include:

• Age
• Race
• Color
• Religion
• Sex
• Sexual orientation
• Gender identity or expression
• National origin
• Ancestry
• Disability

Harassment is defined as unwelcome conduct based on a protected characteristic. Examples include:

• Unsolicited remarks or jokes about a colleague's religion
• Sharing offensive images targeting a specific race or gender
• Unwanted physical advances or comments on someone's appearance

It's important to recognize that not all unpleasant behavior qualifies as harassment. The conduct must be persistent and severe enough to create a hostile or intimidating work environment.

Rhode Island encourages businesses to provide sexual harassment training to employees within the first year of their employment (although it's not required). The training should be comprehensive, covering definitions, example scenarios, and ways to report misconduct.

Rippling’s Learning Management System comes pre-loaded with core sexual harassment training courses tailored to each state’s requirements.

Unions in Rhode Island

Unions are organizations formed by workers, united by common goals, typically related to conditions of employment. They aim to secure better wages, working conditions, and other benefits for their members. One of the primary tools unions employ to achieve these objectives is "collective bargaining," a negotiation process between employers and union representatives aimed at determining terms of employment.

Under the FLRA, federal rights of employees related to unions include:

• The right to join or not join a union without fear of retaliation
• The right to engage in concerted activities for mutual aid and protection, even outside a union
• The right to choose representatives to bargain with the employer on their behalf

Threatening an employee's job status based on their stance toward a union is illegal. Employers can’t create undue hardship for employees based on whether or not they support, participate, or refrain from union activities.

Rhode Island is not a "right-to-work" state. In non-right-to-work states, employees who work at unionized companies may be required to pay union dues or join the union as a condition of employment. However, it's worth noting that such stipulations must be agreed upon in collective bargaining agreements, and employees can’t be forced to become full union members.

FAQs about Rhode Island labor and employment laws

Are independent contractors covered under Rhode Island employment laws?

No, independent contractors are generally not covered under employment laws. However, it's essential to ensure that independent contractors are correctly classified, as misclassification can lead to legal complications and fines.

Does at-will employment exist in Rhode Island?

Yes, Rhode Island is an at-will employment state. This means that either the employer or the employee can terminate the employment relationship at any time for any reason, provided it's not illegal or discriminatory.

What privacy rights do employees have in Rhode Island?

In Rhode Island, employees have a right to privacy concerning their personal and medical information. Employers can’t disclose personal or medical details without the employee's consent, except under specific legal circumstances or requirements. Employees have privacy rights against unnecessary surveillance.

Are background checks legal in Rhode Island?

Yes, employers in Rhode Island can conduct background checks on potential hires. However, they must adhere to federal regulations, such as the Fair Credit Reporting Act (FCRA), and obtain consent from the applicant first. It’s important to note that Rhode Island follows the ban the box initiative, which ensures job applicants can’t be immediately disqualified because of a prior conviction.

Are whistleblowers protected in Rhode Island?

Yes, whistleblowers are protected in Rhode Island. Employees who report illegal activities or unsafe conditions at their workplace can’t be retaliated against by their employers.

Is workers’ compensation coverage required in Rhode Island?

Yes, employers in Rhode Island are required by The Rhode Island Department of Labor and Training (DLT) to provide workers' compensation coverage for their employees. This ensures that employees who get injured or become ill due to work-related causes receive medical care and compensation.

Are there required healthcare benefits in Rhode Island?

Under the Affordable Care Act (ACA), large employers face penalties if they do not offer adequate and affordable health coverage to their employees. In addition, according to Rhode Island’s health insurance mandate, all Rhode Islanders (except those who’ve experienced a hardship that prevents them from doing so) must have health coverage as of January 2020. Otherwise, they might face a personal income tax penalty when they file their taxes.

Are Rhode Island employers required to provide bereavement leave?

Rhode Island doesn’t have a statewide law mandating bereavement leave. However, employers may offer it as part of their benefits package.

What employee protections are available in Rhode Island if layoffs occur?

If layoffs occur, Rhode Island employers must follow the federal Worker Adjustment and Retraining Notification (WARN) Act if they have over 100 employees and are closing a facility or conducting a mass layoff. This requires employers to provide 60 days advance notice to affected employees.

Disclaimer: Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.