2012 -- S 2736

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LC01933

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY

ATTORNEY FEES

     Introduced By: Senator William A. Walaska

     Date Introduced: March 06, 2012

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-44-57 of the General Laws in Chapter 28-44 entitled

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"Employment Security - Benefits" is hereby amended to read as follows:

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     28-44-57. Fees and costs chargeable. -- (a) No individual claiming benefits shall be

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charged fees of any kind by the director or his or her representative, or by the board of review or

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its representatives, in any proceeding under chapters 42 -- 44 of this title. Any individual claiming

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benefits in any proceeding or court action may be represented by counsel or other duly authorized

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agent. The director shall have the authority to fix the fees of that counsel or other duly authorized

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agent, but no counsel or agent shall together be allowed to charge or receive for those services

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more than ten percent (10%) of the maximum benefits at issue in that proceeding or court action

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but not less than fifty dollars ($50.00) except as specifically allowed by the superior court.

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      (b) In any case in which either an employer appeals from a determination in favor of the

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claimant or a claimant appeals from and is successful in appealing a decision unfavorable to the

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claimant to an appeals body other than a court of law and the claimant retains an attorney-at-law

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to represent him or her, the attorney shall be entitled to a counsel fee of fifteen percent (15%) ten

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percent (10%) of the amount of benefits at issue before the appeals body but not less than fifty

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dollars ($50.00), which shall be paid by the director out of the employment security

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administrative funds, within thirty (30) days of the date of his or her appearance.

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      (c) (1) An attorney-at-law who represents an individual claiming benefits on an appeal to

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the courts shall be entitled to counsel fees upon final disposition of the case and necessary court

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costs and printing disbursements as fixed by the court.

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      (2) The director shall pay those counsel fees, costs, and disbursements, out of the

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employment security administrative funds in each of the following cases:

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      (i) Any court appeal taken by a party other than the claimant from an administrative or

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judicial decision favorable in whole or in part to the claimant;

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      (ii) Any court appeal by a claimant from a decision denying or reducing benefits

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awarded under a prior administrative or judicial decision;

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      (iii) Any court appeal as a result of which the claimant is awarded benefits.

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     SECTION 2. This act shall take effect upon passage.

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LC01933

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY

ATTORNEY FEES

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     This act would reduce the attorney fees from fifteen percent (15%) to ten percent (10%)

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of the amount of benefits to be paid to a claimant’s attorney when he or she represents the

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claimant before a noncourt appeals body when either employer appeals from a favorable

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claimant’s determination or when a claimant appeals an unfavorable decision.

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     This act would take effect upon passage.

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LC01933

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