| Chapter 393 |
| 2021 -- S 0550 Enacted 07/13/2021 |
| A N A C T |
| RELATING TO LABOR AND LABOR RELATIONS -- THE RHODE ISLAND WHISTLE BLOWERS' PROTECTION ACT |
Introduced By: Senators Kallman, DiMario, Euer, Acosta, Ciccone, Seveney, Mack, Coyne, Miller, and Quezada |
| Date Introduced: March 04, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Sections 28-50-2, 28-50-3, 28-50-4 and 28-50-8 of the General Laws in |
| Chapter 28-50 entitled "The Rhode Island Whistleblowers' Protection Act" are hereby amended to |
| read as follows: |
| 28-50-2. Definitions. |
| As used in this chapter: |
| (1) "Employee" means a person employed by any employer, and shall include, but not be |
| limited to,: at-will employees, contract employees, applicants, prospective employees, and |
| independent contractors. |
| (2) "Employer" means any person, partnership, association, sole proprietorship, |
| corporation or other business entity, including any department, agency, commission, committee, |
| board, council, bureau, or authority or any subdivision thereof in state or municipal government. |
| One shall employ another if services are performed for wages or under any contract of hire, written |
| or oral, express or implied. |
| (3) "Person" means an individual, sole proprietorship, partnership, corporation, |
| association, or any other legal entity. |
| (4) "Public body" means all of the following: |
| (i) A state officer, employee, agency, department, division, bureau, board, commission, |
| council, authority, or other body in the executive branch of state government.; |
| (ii) An agency, board, commission, council, member, or employee of the legislative branch |
| of state government.; |
| (iii) A county, city, town, or regional governing body, a council, school district, or a board, |
| department, commission, agency, or any member or employee of the entity.; |
| (iv) Any other body which that is created by state or local authority or which that is |
| primarily funded by or through state or local authority, or any member or employee of that body.; |
| (v) A law enforcement agency or any member or employee of a law enforcement agency.; |
| (vi) The judiciary and any member or employee of the judiciary.; |
| (vii) Any federal agency. |
| (5) "Supervisor" means any individual to whom an employer has given the authority to |
| direct and control the work performance of the affected employee or any individual who has the |
| authority to take corrective action regarding the violation of a law, rule, or regulation about which |
| the employee complains. |
| 28-50-3. Protection. |
| An employer shall not discharge, threaten, or otherwise discriminate against an employee |
| regarding the employee's compensation, terms, conditions, location, or privileges of employment |
| nor shall an employer report or threaten to report an employee's immigration status to Immigration |
| and Customs Enforcement (ICE) or any other immigration agency or law enforcement agency |
| including local and state police: |
| (1) Because the employee, or a person acting on behalf of the employee, reports or is about |
| to report to a public body, verbally or in writing, a violation which that the employee knows or |
| reasonably believes has occurred or is about to occur, of a law or regulation or rule promulgated |
| under the law of this state, a political subdivision of this state, or the United States, unless the |
| employee knows or has reason to know that the report is false,; or |
| (2) Because an employee is requested by a public body to participate in an investigation, |
| hearing, or inquiry held by that public body, or a court action,; or |
| (3) Because an employee refuses to violate or assist in violating federal, state, or local law, |
| rule, or regulation,; or |
| (4) Because the employee reports verbally or in writing to the employer or to the |
| employee's supervisor a violation, which the employee knows or reasonably believes has occurred |
| or is about to occur, of a law or regulation or rule promulgated under the laws of this state, a political |
| subdivision of this state, or the United States, unless the employee knows or has reason to know |
| that the report is false. Provided, that if the report is verbally made, the employee must establish by |
| clear and convincing evidence that the report was made. |
| 28-50-4. Relief and damages. |
| (a) A person who alleges a violation of this act may bring a civil action for appropriate |
| injunctive relief, or actual treble damages, or both within three (3) years after the occurrence of the |
| alleged violation of this chapter. |
| (b) An action commenced pursuant to subsection (a) of this section may be brought in the |
| superior court for the county where the alleged violation occurred, the county where the |
| complainant resides, or the county where the person against whom the civil complaint is filed |
| resides or has their principal place of business. |
| (c) As used in subsection (a) of this section, "damages" means damages for injury or loss |
| caused by each violation of this chapter. |
| (d) [Deleted by P.L. 2012, ch. 306, § 5 and P.L. 2012, ch. 344, § 5.] |
| 28-50-8. Notices posted. |
| An employer shall post notices and use other appropriate means to keep his or her |
| employees informed of their protections and obligations under this chapter, including posting in |
| prominent locations in all languages known to be spoken by employees. |
| SECTION 2. This act shall take effect upon passage. |
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