| Chapter 048 |
| 2016 -- S 2423 SUBSTITUTE A Enacted 06/06/2016 |
| A N A C T |
| RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - CAUSES OF ACTION |
| Introduced By: Senators Lynch Prata, and Doyle |
| Date Introduced: February 11, 2016 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby |
| amended by adding thereto the following section: |
| 9-1-54. Civil action against employer by employee under subpoena. – (a) An |
| employer shall not discharge, threaten, or otherwise take any adverse action against an employee |
| regarding the employee's compensation, terms, conditions, location, or privileges of employment: |
| (1) When an employee has been duly served with a subpoena, to give evidence or testify |
| before any court, within or without the state of Rhode Island, or before any judicial, quasi- |
| judicial, or other administrative body or entity with the authority to issue subpoenas. |
| (2) When the employee, upon being duly served with a properly issued subpoena, |
| promptly provides notice to their employer of being served and of the requirement to attend court |
| or other duly constituted hearing. |
| (b) Any employer who violates this section may be liable for damages which may include |
| actual damages, compensatory damages, and reasonable attorneys' fees incurred by the employee. |
| (c) Any cause of action under this section shall be commenced within three (3) years |
| from the date of violation. |
| (d) Nothing herein shall prevent an aggrieved employee from pursuing any other cause of |
| action under federal or state law. |
| (e) Nothing herein shall require an employer to compensate an employee for time missed |
| from work for complying with a subpoena. |
| SECTION 2. This act shall take effect upon passage. |
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| LC003950/SUB A |
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