2021 -- S 0550

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LC002227

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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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

     Referred To: Senate Labor

     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 is created by state or local authority or which 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 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.

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     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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- THE RHODE ISLAND WHISTLE

BLOWERS' PROTECTION ACT

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     This act would expand employee whistle blower protection to job applicants and

prospective employees. This act would further prohibit an employer from reporting or threatening

to report an employee's immigration status because the employee engaged in whistle blowing or

protected conduct. The act would provide for a private cause of action and recovery of treble

damages for violation.

     This act would take effect upon passage.

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