2016 -- H 7005 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -

CAUSES OF ACTION

     

     Introduced By: Representatives Keable, Craven, and McEntee

     Date Introduced: January 06, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby

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amended by adding thereto the following section:

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     9-1-54. Civil action against employer by employee under subpoena. – (a) An

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employer shall not discharge, threaten, or otherwise take any adverse action against an employee

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regarding the employee's compensation, terms, conditions, location or privileges of employment:

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     (1) When an employee has been duly served with a subpoena, to give evidence or testify

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before any court within or without the state of Rhode Island or before any judicial, quasi-judicial

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or other administrative body or entity with the authority to issue subpoenas.

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     (2) When the employee, upon being duly served with a properly issued subpoena,

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promptly provides notice to their employer of being served and of the requirement to attend court

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or other duly constituted hearing.

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     (b) Any employer who violates this section may be liable for damages which may include

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actual damages, compensatory damages, and reasonable attorneys' fees incurred by the employee.

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     (c) Any cause of action under this section shall be commenced within three (3) years

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from the date of violation.

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     (d) Nothing herein shall prevent an aggrieved employee from pursuing any other cause of

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action under federal or state law.

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     (e) Nothing herein shall require an employer to compensate an employee for time missed

 

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from work for complying with a subpoena.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -

CAUSES OF ACTION

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     This act would create a cause of action for employees who are discharged or otherwise

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sanctioned by an employer on account of being required to attend court or other hearing pursuant

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to a validly issued subpoena.

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     This act would take effect upon passage.

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