Rhode Island employment law overview

Rhode Island has many laws that provide greater protections to employees than federal law, including pregnancy accommodation rights, a higher minimum wage, paid sick leave and paid family leave, but generally follows federal law with respect to topics such as preemployment credit checks and occupational safety and health. 

Select Rhode Island employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections

Rhode Island employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The State Fair Employment Practices Act (FEPA) applies to employers with four or more employees and contains an extensive list of protected classes against which an employer is prohibited from discriminating, including: 

• Race (including traits historically associated with race, such as hair textures and protective hairstyles); 
• Color; 
• Country of ancestral origin; 
• Religion; 
• Pregnancy, childbirth, menopause and related medical conditions; 
• Disability (physical or mental); 
• Age (40 years of age or older); 
• Sex; 
• Gender identity and expression; and 
• Sexual orientation. 

Harassment on the basis of these factors is also a form of illegal discrimination and is prohibited under the FEPA. Rhode Island employers with 50 or more employees must adopt a workplace sexual harassment policy. 

The FEPA also prohibits retaliation against a person who opposes, reports or assists another person in opposing unlawful discrimination. 

The Rhode Island Civil Rights Act (RICRA) provides broad protection against all forms of discrimination in all phases of employment. Specifically, the RICRA requires that employers treat employees the same, regardless of race, color, religion, sex, disability, age or country of ancestral origin. The law applies to all employers regardless of size. 

In addition, the Rhode Island Civil Rights of People with Disabilities Act prohibits an employer from discriminating against a qualified individual with a disability who, with or without a reasonable accommodation, can perform the essential functions of his or her job, unless an undue hardship exists. 

Equal pay 

The Rhode Island equal pay law prohibits pay discrimination on the basis of any protected characteristic between employees performing comparable work. 

An employer may pay different wages based upon: 

• Seniority; 
• Merit; 
• A system that measures earnings by quantity or quality of production; 
• Cost of living adjustments by geographic location, provided that no location within Rhode Island will be considered to have a sufficiently different cost of living; 
• Reasonable shift differentials; 
• Education, training or experience if job-related and consistent with business necessity; 
• Regular work-related travel; and 
• Any other job-related factor other than a protected characteristic that is consistent with business necessity. 

Pay transparency 

Rhode Island’s pay transparency law requires covered employers to provide an applicant with the wage range for the position for which the applicant is applying upon the applicant’s request, and prior to discussing compensation. 

An employer must also provide a wage range for an employee’s position at the time of hire and when the employee moves into a new position. During the course of employment, employers must provide a wage range for an employee’s position upon an employee’s request. 

Salary history inquiry restrictions 

Rhode Island law restricts an employer from making salary history inquiries, and provides that an employer may not: 

• Seek an applicant’s wage history; 
• Rely on an applicant’s wage history in deciding whether to consider the applicant for employment; 
• Require that an applicant’s prior wages satisfy minimum or maximum criteria as a condition of being considered for employment; or 
• Rely on an applicant’s wage history to determine the wages to be paid to the applicant upon hire.

Employee wage disclosure rights 

Rhode Island law protects employees’ rights to discuss, disclose and inquire about their wages and the wages of other employees.  

Pregnancy accommodation 

The FEPA requires an employer with four or more employees to provide reasonable accommodations for an employee’s or applicant’s condition related to pregnancy, childbirth, menopause or a related medical condition, including lactation or the need to express breast milk. Reasonable accommodations include, but are not limited to: 

• More frequent or longer breaks; 
• Time off to recover from childbirth; 
• Access to or modification of equipment; 
• Seating; 
• Temporary transfer to a less-strenuous or less-hazardous position; 
• Job restructuring; 
• Light duty; 
• Break time and private space (not a bathroom) for lactation purposes; 
• Assistance with manual labor; or 
• Modified work schedules. 

Breastfeeding breaks 

Under Rhode Island law, an employer may provide reasonable unpaid break time each day to allow an employee to breastfeed or express breast milk for her infant child, unless doing so would create an undue hardship. The break time must, if possible, run concurrently with any break time already provided to the employee. 

Access to personnel files 

Upon written request, and with at least seven days’ advance notice (excluding holidays, Saturdays and Sundays), employees have the right to inspect their personnel files used to determine their qualifications for employment, promotion, additional compensation, termination or disciplinary action. Employees may only inspect their personnel records on three occasions per calendar year. 

Whistleblower protections 

The Rhode Island Whistleblowers’ Protection Act prohibits an employer from taking any adverse employment action because an employee has reported a violation, unless the employer has reason to know the reported violation is false. 

The Act protects employees who: 

• Report, or plan to report, to a public body a violation of a law, rule or regulation; 
• Participate in a whistleblowing investigation, hearing or inquiry, or a court claim; or 
• Refuse to violate or assist in violating any law, rule or regulation. 

Scheduling 

Rhode Island does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Rhode Island employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

Similar to federal law, Rhode Island’s credit checks law requires an employer to provide advance notice prior to obtaining a credit report and to advise the applicant if it decides not to hire based on a credit report. 

Ban the Box and Fair Chance 

Rhode Island employers with four or employees may not ask about a job applicant’s criminal history on an initial job application. There are, however, limited exceptions. In addition, employers may ask about an applicant’s criminal background during a job interview and at any time afterwards during the hiring process. 

E-Verify 

There are no state-specific requirements for private employers related to the use of E-Verify in Rhode Island. 

Wage and hour 

Rhode Island employers may be required to comply with certain wage and hour requirements.   

Minimum wage 

Rhode Island’s minimum wage is $16.00 per hour, with certain exceptions. It will increase to $17.00 per hour, effective January 1, 2027. 

Overtime 

Rhode Island law generally requires an employer to pay nonexempt employees overtime at a rate of one and one-half times the regular rate for all hours worked in excess of 40 hours in a workweek. Nonexempt employees also must be paid at least one and one-half times their regular rate for work performed on Sundays and certain holidays. 

Meal and rest breaks 

An employer with five or more employees and that employ minors under age 16 must provide an unpaid meal period of at least 20 consecutive minutes to employees who work at least a six-hour shift, and an unpaid meal period of at least 30 consecutive minutes to employees who work at least an eight-hour shift. 

Child labor 

Child labor laws in Rhode Island restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

All minors are prohibited from working in hazardous occupations and operating or assisting in operating various machines (e.g., circular saws, wood shapers, planers, burnishing machines, stamping machines). 

In addition, minors under the age of 16 may not work in a manufacturing, mechanical or factory establishment, and minors under the age of 14 may not work in a business or industrial establishment. 

The times during which minors may work differ depending on the age of the minor and the employer’s industry. 

In general, minors who are 14 or 15 years of age may not work: 

• During school hours; 
• Before 6:00 a.m. or after 7:00 p.m. (9 p.m. during school vacations); 
• More than eight hours per day; and 
• More than 40 hours a week. 

Minors who are 16 or 17 years of age generally may not work: 

• During school hours; 
• Before 6:00 a.m. or after 11:30 p.m. (1:30 a.m. if no school the next day); 
• More than nine hours per day; 
• More than 48 hours a week; and 
• Without an eight-hour respite between the end of a shift on one day and the start of work the next day. 

Minors who are 16 years of age or older may be employed during school vacations without limitation as to the total hours to be worked in a given week or calendar day. 

Pay and benefits 

Rhode Island employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

Wages must be paid in cash or by check. An employer may pay wages by direct deposit or payroll card if certain conditions are met. 

Pay frequency and lag time 

Rhode Island law requires an employer to pay employees weekly on regular paydays, unless their compensation is fixed at a biweekly, semimonthly, monthly or yearly rate. An employer may pay employees less often than weekly under certain circumstances. 

Pay deductions 

Under Rhode Island law, an employer may make deductions from an employee’s wages if required or empowered to do so by state or federal law or court order, or if authorized by the employee in writing. 

Pay statements 

Rhode Island employers must provide employees with pay statements showing: 

• Hours worked (nonexempt employees); and 
• Itemized deductions, including an explanation of the basis or reason for each deduction. 

Wage theft 

Rhode Island does not have a wage theft law applicable to private employers. 

Health care continuation 

Regardless of size, a Rhode Island employer must offer continuation of heath care coverage to an employee and his or her covered dependents who lose coverage as a result of certain qualifying events, including: 

• Involuntary layoff; 
• Death of the employee; 
• Workplace ceasing to exist; and 
• Permanent reduction in the size of the workforce. 

Coverage may continue for up to 18 months but may not exceed the number of months the employee was continuously employed prior to the qualifying event. 

Temporary disability insurance 

The Rhode Island Temporary Disability Insurance Act allows an employee to collect up to 30 weeks of wage replacement benefits per year when they are unable to work due to a nonwork-related injury or illness or due to pregnancy, miscarriage or childbirth. The program is funded by taxes withheld from employees’ wages. 

Time off and leaves of absence 

Rhode Island employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave 

The Rhode Island Parental and Family Medical Leave Act (RIPFMLA) requires employers with 50 or more employees to provide eligible employees with up to 13 workweeks of job-protected unpaid leave during any two calendar years for qualifying reasons, including: 

• Birth of a child; 
• Placement of a child 16 years or younger for adoption; 
• Serious illness of a covered family member; and 
• The employee’s own serious illness. 

While the RIPFMLA and the federal Family and Medical Leave Act (FMLA) parallel each other to a large degree, there are areas in which they differ. Accordingly, an employer must look at both laws when making family and medical leave decisions. 

In addition, Rhode Island’s paid family leave, also known as temporary caregiver insurance (TCI) in Rhode Island, provides eligible employees with job-protected leave in order to bond with a newborn, newly adopted or newly placed foster child; to care for a seriously ill family member; or to donate bone marrow or an organ. During the leave, an employee is eligible to receive TCI as a form of wage replacement benefits. 

Paid sick leave 

Under the Healthy and Safe Families and Workplaces Act (HSFWA), an employer must provide paid sick and safe leave if it has an average of 18 or more employees in Rhode Island. An employer with fewer than 18 employees must provide unpaid leave. An eligible employee may earn one hour of sick leave for every 35 hours worked and may take leave for the following reasons: 

• The employee’s or a covered family member’s illness, injury or health condition; need for medical diagnosis, care or treatment; or need for preventive medical care; 
• Closure of an employee’s place of business or child’s school or place of care by order of a public official due to a public health emergency; 
• The employee’s or a family member’s presence in the community may jeopardize the health of others because of exposure to a communicable disease; and 
• The employee or a family member is a victim of domestic violence, sexual assault or stalking. 

An employee may accrue and use up to 40 hours of sick leave each year. 

Other time off requirements 

In addition to the family and medical leave, paid family leave and paid sick leave laws, a Rhode Island employer may also be required to comply with other leave and time off laws, including, but not limited to: 

• School involvement leave; 
• Jury duty leave; 
• Court appearance leave; 
• Crime victim leave; 
• Military leave; 
• Emergency responder leave; 
• Family military leave; and 
• Day of rest requirements. 

Health and safety 

Rhode Island employers may be required to follow certain requirements with respect to employee health and safety. 

Occupational safety and health 

Private sector employers in Rhode Island fall under the jurisdiction of federal OSHA for compliance and enforcement and must follow the appropriate Code of Federal Regulations that applies to their industry and work practices.

Drug and alcohol testing 

An employer may require a job applicant to submit to a test of his or her blood, urine or any other bodily fluid or tissue if the employer: 

• Has extended a conditional job offer; 
• Allows the applicant to provide the test sample in private; and 
• Confirms positive test results with a certified lab. 

Smoke-free workplace 

Rhode Island’s Public Health and Workplace Safety Act prohibits smoking, including the use of e-cigarettes, in nearly all enclosed public places and places of employment, including common work areas, conference and meeting rooms, private offices, employee lounges and restrooms. An employee may not smoke in an employer-owned vehicle that is used by more than one person. 

Weapons in the workplace 

In Rhode Island, carrying concealed weapons in various places is subject to restrictions, even with a valid permit. For example, individuals may not bring a weapon onto the property of public or private elementary or secondary schools, including school grounds and structures or school sponsored activities 

Employers and property owners may create weapons policies to limit or prevent individuals and employees from bringing concealed weapons on the premises.

Safe driving practices 

Rhode Island prohibits drivers from using a wireless handset or personal wireless communication device for any purpose. The state also prohibits the use of a hand-held personal wireless communication device to engage in a call while driving. However, a driver may engage in a call using a hands-free accessory. 

Organizational exit 

Rhode Island employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

Terminated employees generally must be paid their final wages by the next regular payday and at the usual place of payment. Final wages include holiday pay and, if the employee has been employed for longer than one year, accrued but unused vacation pay. 

For a deceased employee, an employer generally may pay up to $150 in wages, salary or other employee benefits to payees in a certain order, starting with the employee’s surviving spouse. 

Mass layoffs 

Rhode Island does not have its own version of the federal WARN Act. 

AI in employment 

Rhode Island does not have a law related to AI in employment applicable to private employers.