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Home > State Law Articles > Rhode Island

Articles About Rhode Island Labor And Employment Law

Rhode Island Employee May Proceed With Lawsuit Alleging That Termination For Failed Breath Test Violated State Law

September 17, 2020 | Jackson Lewis Filed Under: Rhode Island

Jackson Lewis

A federal court in Rhode Island allowed a former employee to proceed with her lawsuit alleging that the employer violated state law when it terminated her employment after a positive breath alcohol test. Stafford v. CSL Plasma, Inc., Case No. 1:19-cv-00270 (D.R.I. September 14, 2020).

Stafford worked for CSL Plasma

Rhode Island Supreme Court Upholds Dismissal of Driver Who Refused Reasonable Grounds Drug Test

June 29, 2020 | Littler Filed Under: Rhode Island

Littler

On May 29, 2020, the Rhode Island Supreme Court affirmed a trial court’s dismissal of a lawsuit alleging a violation of the Rhode Island drug testing statute brought against an employer that terminated an employee for refusing to submit to a reasonable grounds drug test.  Although there were multiple

Rhode Island Supreme Court Clarifies ‘Reasonable Grounds’ Standard for Employment-Based Drug Testing

June 12, 2020 | Ogletree Deakins Filed Under: Rhode Island

Like many states, Rhode Island has enacted a statute that governs the use of drug tests in the employment context. Under Rhode Island’s drug-testing statute, R.I. Gen. Laws § 28-6.5-1(a)(1), an employer may require an employee to submit to a drug test only if it has “reasonable grounds to believe

Rhode Island Court Upholds “Reasonable Grounds” Drug Testing Even Where There Is Another Possible Explanation For Employee’s Behaviors

June 1, 2020 | Jackson Lewis Filed Under: Rhode Island

Jackson Lewis

The Rhode Island Supreme Court affirmed the dismissal of a lawsuit against an employer who terminated an employee for refusing to submit to a reasonable suspicion drug test, even though the employee’s odd behaviors could have been attributable to pain or other things. Colpitts v. W.B. Mason Co., Inc., No.

Reopening Rhode Island Phase 1: A Practical Guide for Employers

May 8, 2020 | Littler Filed Under: Rhode Island

Littler

With Phase 1 of the “Reopening RI” framework set to commence on May 9, 2020, certain non-critical businesses will be able to resume operations. A list of businesses eligible to reopen in Phase 1 is available here. On May 6, 2020, Governor Raimondo and the Rhode Island Department of Health (RIDOH) released “Phase 1: General Business Guidelines” and draft regulations (subsequently promulgated on May 8, 2020) designed to assist businesses in complying with rules surrounding reopening.  These guidelines apply to both businesses reopening and those critical infrastructure businesses continuing operations, with some limitations.

A COVID-19 Guide for Rhode Island Employers

March 17, 2020 | Littler Filed Under: Rhode Island

Littler

The recent outbreak of the coronavirus (COVID-19) has implications specific to Rhode Island employers. On March 9, 2020, Rhode Island Governor Gina Raimondo declared a state of emergency. Four days later, on March 13, 2020, Governor Raimondo ordered all public schools closed for the week of March 16, 2020, and indicated she would revisit this order week-by-week.

Rhode Island Joins the New England Trend with a Law Placing Substantial Limitations on Noncompete Agreements

August 12, 2019 | Littler Filed Under: Rhode Island

Littler

Rhode Island has followed the recent trend of its neighboring states—including Maine, Massachusetts, and New Hampshire1—by enacting a law that largely prohibits employers from entering into noncompete agreements with their employees. The Rhode Island Noncompetition Agreement Act, R.I. Gen. Laws 28-58-1, et seq. (the “Act”), creates a statutory scheme that is aimed at safeguarding the “bargaining power and mobility of low-wage workers” by limiting the enforcement of these agreements. The Act, however, vastly overextends its protections to prohibit noncompete agreements for many employees—not just low-wage workers.

Rhode Island Paid Sick and Safe Time Rules Raise as Many Questions as They Answer

May 21, 2018 | Littler Filed Under: Rhode Island

Littler

On May 11, 2018, the Rhode Island Department of Labor and Training finalized regulations concerning the state’s mandatory paid sick and safe time law,1 the Healthy and Safe Families and Workplaces Act (HSFWA). The regulations clarify some issues like business size and pay rate calculations and fill some gaps left by the enacting statutes. Yet the regulations fail to provide sufficient clarification on certain issues and interpret some more common provisions in a novel way that may leave employers scratching their heads.

Puerto Rico Secretary of Labor and Human Resources Issues New Guidelines Governing Payment of the Christmas Bonus

October 24, 2017 | Littler Filed Under: Rhode Island

Littler

The Secretary of the Puerto Rico Department of Labor and Human Resources (“PR DOL”) has issued a new regulation, effective October 18, 2017, to administer Puerto Rico’s Christmas Bonus Law, Act. No. 148 of June 30, 1969. The new regulation, which supersedes all prior regulations on the subject, includes guidance on implementation of the Christmas Bonus Law, as amended by the Labor Transformation and Flexibility Act, Act No. 4 of January 26, 2017 (“LTFA”).

Rhode Island Enacts Paid Sick Leave Law

October 10, 2017 | Jackson Lewis Filed Under: Rhode Island

Jackson Lewis

Rhode Island has joined the growing list of states and municipalities that have enacted paid sick leave laws. Under the Healthy and Safe Families and Workplaces Act, signed by Governor Gina Raimondo, employers with at least 18 employees must provide their employees with paid sick leave. The new law goes into effect July 1, 2018.

Rhode Island Superior Court Rules on Job Applicant’s Medical Marijuana Use

June 15, 2017 | Littler Filed Under: Rhode Island

Littler

In a case of first impression in the state, the Rhode Island Superior Court recently ruled an employer is prohibited from refusing to hire a prospective employee because the employee would potentially fail a pre-employment drug test due to the employee’s use of medical marijuana. In Callaghan v. Darlington Fabrics and the Moore Company, the court held the state’s Hawkins-Slater Medical Marijuana Act (the “Medical Marijuana Act”), which prohibits discrimination against medical marijuana users, also protects the cardholder’s actual use of marijuana. Even though using marijuana is still illegal under federal law, the court held that employers that refuse to hire card-carrying prospective employees due to their use of medical marijuana may be subject to liability under the Medical Marijuana Act.

Employer’s Refusal to Hire Medical Marijuana User Violates State Law, Rhode Island State Court Holds

May 30, 2017 | Jackson Lewis Filed Under: Rhode Island

Jackson Lewis

Employers cannot refuse to hire a medical marijuana cardholder, even if the individual admittedly would not pass the employer’s pre-employment drug test required of all applicants, a Rhode Island state court has held under the state medical marijuana law. Callaghan v. Darlington Fabrics Corp., et al., No. PC-2014-5680 (R.I. Super. Ct., May 23, 2017). The court granted summary judgment to the plaintiff-applicant.

Rhode Island Employers Must Accommodate Workers with Pregnancy-Related Condition

August 24, 2015 | Jackson Lewis Filed Under: Rhode Island

Jackson Lewis

Rhode Island legislation has created new burdens for employers. The Ocean State joins a growing number of states requiring employers to reasonably accommodate a worker’s condition related to pregnancy, childbirth, or related medical condition.

Rhode Island Enacts New Legislation Prohibiting Employers’ Access to Personal Online Content

August 4, 2014 | Littler Filed Under: Rhode Island

Littler

Rhode Island recently became the fifth state in 2014 and the 17th state nationwide to enact legislation restricting access by employers to applicants’ and employees’ personal online content.1 The Rhode Island law follows similar laws enacted this year by Wisconsin, Tennessee,2 Oklahoma, and Louisiana,3 continuing a nationwide trend that began in spring 2012. Rhode Island’s new law embodies many of the prohibitions seen in similar laws. However, in comparison to similar laws, the new law provides relatively narrow exceptions that allow employers to protect their legitimate business interest. In addition, the new law grants aggrieved individuals the right to file civil suits to recover damages, injunctive relief, and even reasonable attorneys’ fees and costs. Accordingly, Rhode Island employers should pay careful attention to the new law’s specific nuances to ensure compliance.

Rhode Island Enacts Paid Temporary Caregiver Leave Law

August 22, 2013 | Littler Filed Under: Rhode Island

Littler

Rhode Island recently passed the Temporary Caregiver Insurance law which amended its Temporary Disability Insurance (TDI) program to provide employees with an additional leave benefit and wage replacement benefits during that leave. The law has two main components. First, all Rhode Island employers are required to provide at least four weeks of job-protected leave per year to employees to care for a seriously ill child, spouse, domestic partner, parent, parent-in-law, or grandparent, or to bond with a newborn, adopted or foster child. Second, employees are eligible to receive payments through the TDI program while on leave. Rhode Island will join California and New Jersey as the only states that allow employees to receive state-sponsored short-term disability benefits even if the employee is not personally disabled.

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