Recordkeeping/Posters Law Summaries

Recordkeeping/Posters Law Summaries

Rhode Island, Recordkeeping/Posters Law Summaries

WHAT THE EMPLOYER MUST DO

Employers in Rhode Island have recordkeeping responsibilities under the state's minimum wage and overtime pay law, wage payment law, child labor law, unemployment insurance law, and drug testing law. See RECORDKEEPING below for specific requirements.

The following posters are required to be displayed by Rhode Island employers: minimum wage/labor; unemployment/temporary disability; and workers' compensation. Other posters may be available. See POSTERS below for specific requirements.

RECORDKEEPING

Minimum wages and overtime pay.- Every employer covered by Rhode Island's wage and hour law must make records that show the name, address, and occupation of each of its employees, the rate of pay, and the amount paid each pay period to each employee, the hours worked each day and each work week by such employee, and other information as the Director of Labor and Training may prescribe by regulation (RI GenLaws, Sec. 28-12-12).

An employer's wage and hour records must be open for inspection or transcription by the director or an authorized representative at any reasonable time (RI GenLaws, Sec. 28-12-12).

Retention requirement: three years.

Reports.- On demand, employers must furnish a sworn statement of their wage-hour records and information to the director or to an authorized representative upon prescribed or approved forms (RI GenLaws, Sec. 28-12-12).

Wage payment.- Every employer must keep a true and accurate record of hours worked and wages paid each pay period to each employee in the form as may be prescribed by the Director of the Department of Labor and Training (RI GenLaws, Sec. 28-14-12).

The director and his or her authorized representatives may enter any place of employment for the purpose of inspecting the employment records and seeing that all provisions of Rhode Island's wage payment law are complied with (RI GenLaws, Sec. 28-14-13).

Retention requirement: three years after the entry of the record.

Child labor.- All certificates of age and permits required by Rhode Island's child labor law relating to the qualification of children employed in any factory, or manufacturing, or business establishment coming under the provisions of the law, must be kept by the employer at the place where the child is employed, and must be shown to compliance inspectors on demand. A proprietor or manager of any factory or manufacturing or business establishment who shall fail to produce or shall refuse to show to any compliance inspector any certificate or permit when demand is made therefor, shall be fined $100 for each offense (RI GenLaws, Sec. 28-3-6, as amended by Ch. 391 (H. 5650), L. 2005, effective July 19, 2005).

Unemployment insurance.- Employers must keep true and accurate employment records of all persons they employ, of the weekly hours worked by each person, of the weekly wages paid to each, and any other information prescribed by the Director of the Department of Labor and Training. The records must be available within Rhode Island at all times and must be open to inspection at any reasonable time.

Retention requirement: four years.

Reports.- The director may require employers to submit reports concerning persons employed, employment, wages, hours, unemployment and related matters. Information obtained will not be open to public inspection, but benefit claimants may be supplied with information necessary for proper presentation of their claims. The information may also be used in any court actions to which the director is a party and may be disclosed to certain state and federal agencies.

Drug testing.- Employers must keep the results of drug tests confidential, except for disclosing the results of a “positive” test only to other employees with a job-related need to know, and to defend against any legal action brought by the employee against the employer (RI GenLaws, Sec. 28-6.5-1(a), as amended by S. 2758 and H. 9167, L. 1995).

Immigration (Executive Order 08-01).- Governor Donald L. Carcieri has signed an executive order addressing illegal immigration control. Pursuant to the order, the Department of Administration shall register and use the federal government's E-Verify program to electronically verify the employment eligibility of new hires in the Executive Branch and the validity of their Social Security numbers to ensure that all employees of the Executive Branch are legally eligible to be employed in the United States and take appropriate action against those that are not eligible for employment, consistent with federal and state law. For purposes of this order, the Executive Branch of government is considered to be all agencies and departments in the Executive Branch, excluding the offices of general officers, said officers being the Department of Attorney General, Lieutenant Governor, Secretary of State, and General Treasurer.

The Department of Administration shall require that all persons and businesses, including grantees, contractors and their subcontractors and vendors doing business with the State of Rhode Island also register with and utilize the services of the E-Verify program to ensure compliance with federal and state law (Executive Order 08-01, March 27, 2008).

Case law.- Ruling in favor of Governor Donald Carcieri (R) and the Rhode Island Department of Administration, Rhode Island Superior Court Judge Mark Pfeiffer has upheld the legality of Rhode Island’s “Illegal Immigration Control Order,” (EO 08-01-see just above) ( Rhode Island Coal Against Domestic Violence v Carcieri, RISuperCt, No 08-5696, 4/3/09).

Tobacco sales.- Dealers shall maintain records indicating that Rhode Island's law relating to tobacco sales to minors were reviewed with all employees who conduct or will conduct tobacco sales. Each employee who sells or will sell tobacco products shall sign an acknowledgement form attesting that the provisions of this section were reviewed with him/her. Each form shall be maintained by the retailer for as long as the employee is so employed and for no less than one year after termination of employment (RI GenLaws, Sec. 11-9-13.13, as amended by Ch. 386 (H. 5386), L. 2005, effective July 19, 2005).

POSTERS

PLEASE NOTE: Posters are provided for informational purposes only. Many states require posters to be of a particular size, or may require the official poster provided by the regulating agency to be posted, rather than a copy. Please check with the relevant agency to assure proper compliance.

Minimum wages and overtime pay.- Every employer subject to Rhode Island's wage and hour law, regulations or orders must keep an approved summary of the law and copies of any applicable wage orders and regulations posted in a conspicuous and accessible place in or about the premises where any person covered by the law is employed (RI GenLaws, Sec. 28-12-11).

How to order.- The state will furnish employers with copies of the summaries, orders, and regulations on request and without charge. Contact the Division of Labor Standards, 1511 Pontiac Ave., Bldg. 70, P.O. Box 20390, Cranston, RI 02920-0944. Telephone: (401) 462-8550. Fax: (401) 462-8530; TDD: (401) 462-8006.

Rhode Island Minimum Wage Poster - English
RI_MW_Eng.pdf

Rhode Island Minimum Wage Poster - Spanish
RI_MW_Sp.pdf

Prevailing wage rates.- Each contractor awarded a contract for public works with a contract price in excess of $1,000, and each subcontractor who performs work on those public works, shall post in conspicuous places on the project, where covered workers are employed, posters which contain the current, prevailing rate of wages and the current, prevailing rate of payments to the funds required to be paid for each craft or type of worker employed to execute the contract as set forth in Secs. 37-13-6 and 37-13-7 (see Wages-Hours ¶41-50,006 et seq. ), and the rights and remedies of any employee described in Sec. 37-13-17 (see Wages-Hours ¶41-50,022 ) for nonpayment of any wages earned pursuant to this chapter. Posters shall be furnished to contractors and subcontractors by the Director of Labor and Training, who shall determine the size and context thereof from time to time, at the time a contract is awarded. A contractor or subcontractor who fails to comply with this section shall be deemed guilty of a misdemeanor and shall pay $100 for each calendar day of noncompliance. Contracts set forth in this section shall not be awarded by the state, any city, town, or any agency thereof until the Director of Labor and Training has prepared and delivered the posters to the Division of Purchases, if the state or any agency thereof is the proper authority, or to the city, town, or an agency thereof, if it is the proper authority, and the contractor to whom the contract is to be awarded (RI GenLaws, Sec. 37-13-11, as amended by Ch. 402 (H. 5850), L. 2005, effective July 19, 2005).

Rhode Island Prevailing Wage on State or Municipal Financed Construction Projects Poster - English
RI_PrevWage_Eng.pdf

Rhode Island Prevailing Wage on State or Municipal Financed Construction Projects Poster - Spanish
RI_PrevWage_Sp.pdf

Wage payment.- Each employee must be notified in writing, or by posted notice that may readily be seen by all employees, of a change in the scheduled payday at least three paydays in advance of scheduled change (RI GenLaws, Sec. 28-14-2).

Maximum hours of work: Child labor.- Every employer must post, in one or more places in its establishment where it may be easily seen and read by all employees, a printed or typewritten notice stating, among other information, the number of hours' work required of minor employees on each day of the week, and the hours of commencing and stopping work (RI GenLaws, Sec. 28-3-12).

Child labor.- Employers must post in a conspicuous place in one or more places in the workplace a printed or typewritten notice that states the minimum wage rates, including hourly and piece rates, if applicable, that employees receive, the required hours of work for each person each day, and the start and stop times of work (RI GenLaws, Sec. 28-3-12).

Inspectors will post a printed copy of Rhode Island's employment of women and children law in each workroom of every factory, manufacturing or mercantile establishment where affected persons are employed (RI GenLaws, Sec. 28-3-19).

Unemployment insurance.- Employers must post and maintain printed notices as required by the Director of the Department of Labor and Training.

How to order.- For poster information, contact the Division of Labor Standards, 1511 Pontiac Ave., Bldg. 70, P.O. Box 20390, Cranston, RI 02920-0944. Telephone: (401) 462-8550. Fax: (401) 462-8530; TDD: (401) 462-8006.

Rhode Island Unemployment/Temporary Disability Poster
RI_Unemp_Temp_Disab.pdf

Fair employment practices.- Employers must post in a conspicuous place notices setting forth requirements for compliance with the Fair Employment Practices Act and other relevant information that the Human Rights Commission determines necessary (RI GenLaws, Sec. 28-5-37).

How to order.- For information on the fair employment practices notice, contact the commission at 10 Abbott Park Place, Providence, RI 02903-3768. Telephone: (401) 222-2661.

Sexual harassment.-

Rhode Island Sexual Harassment in Employment Poster
RI_Sex_Harass.pdf

Whistleblowers.- Employers, including the state and all its political subdivisions and employers of four or more employees, must post a notice prepared or approved by the Commission for Human Rights, in a conspicuous place (RI GenLaws, Sec. 28-5-37).

The notice is based on the prohibition against discriminating against an employee for opposing a practice forbidden under Rhode Island Fair Employment Practices Act or for testifying or assisting a related investigation, proceeding or hearing.

How to order.- For information about the whistleblower protection notice, contact the Attorney General's Office in Providence at (401) 222-4400.

Continuation of health coverage.- Rhode Island employers must post a conspicuous notice to employees of their continuation coverage options (RI GenLaws, Sec. 27-19.1-1).

Family and medical leave.- Each employer must post, in conspicuous places upon its premises where notices to employees and applicants for employment are customarily posted, an agency-approved notice setting forth the pertinent provisions of Rhode Island's parental and family medical leave law and information pertaining to the filing of a charge (RI GenLaws, Sec. 28-48-10).

Rhode Island Parental and Family Medical Leave Act Notice
RI_Parental_Fam_Med_Lv.pdf

Workers' compensation.-How to order.- Contact the Department of Labor and Training, Division of Labor Standards, 1511 Pontiac Ave., Bldg. 70, P.O. Box 20390, Cranston, RI 02920-0944. Telephone: (401) 462-8550. Fax: (401) 462-8530. TDD: (401) 462-8006.

Rhode Island Workers' Compensation Poster - English
RI_WC_Eng.pdf

Rhode Island Workers' Compensation Poster - Spanish
RI_WC_Sp.pdf

Job safety and health.-

Rhode Island Right To Know Poster
RI_Right_to_Know.pdf