2021 -- S 0610

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LC002351

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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 -- MINIMUM WAGES

     Introduced By: Senators Calkin, Anderson, Acosta, Bell, Goldin, Mack, and Mendes

     Date Introduced: March 11, 2021

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 28-12 of the General Laws entitled "Minimum Wages" is hereby

amended by adding thereto the following section:

     28-12-26. Public health disaster emergency hazard pay.

     (a) Except for the state and its political subdivisions, every employer employing fifty (50)

or more employees shall pay any employee who performs essential services outside the employee's

home or residence, at a rate of one and one-third (1⅓) times the regular rate of pay during any

period of public health disaster emergency as declared by the governor pursuant to § 30-15-9.

     (b) For purposes of this section, essential services include those provided by or related to

the operation of the following businesses:

     (1) Agricultural equipment and supply;

     (2) Auto repair and supply;

     (3) Banks and credit unions;

     (4) Child care;

     (5) Construction;

     (6) Electronics and telecommunications;

     (7) Firearms;

     (8) Food and beverage stores, supermarkets and distributors to include: liquor stores,

specialty food stores, bodegas and convenience stores, farmers' markets, food banks and pantries;

     (9) Funeral homes;

     (10) Gas stations;

     (11) Harm reduction organizations, recovery and treatment organizations, and

organizations conducting in-person outreach with vulnerable populations such as those who use

drugs, unhoused individuals and people recently released from incarceration;

     (12) Health care;

     (13) Industrial, construction equipment and supply, hardware stores, general power

equipment;

     (14) Laundromats;

     (15) Pet supply;

     (16) Pharmacies, medical supply stores and compassion centers;

     (17) Printing shops, mail and delivery stores and operations and office supply businesses;

     (18) Professional uniform suppliers and stores;

     (19) Restaurants;

     (20) Seafood equipment and supply;

     (21) Security and public safety; and

     (22) Any commercial business, operation or entity designated as providing essential

services by the director of the department of labor.

     SECTION 2. Section 28-5-7 of the General Laws in Chapter 28-5 entitled "Fair

Employment Practices" is hereby amended to read as follows:

     28-5-7. Unlawful employment practices.

     It shall be an unlawful employment practice:

     (1) For any employer:

     (i) To refuse to hire any applicant for employment because of his or her race or color,

religion, sex, sexual orientation, gender identity or expression, disability, age, or country of

ancestral origin;

     (ii) Because of those reasons, to discharge an employee or discriminate against him or her

with respect to hire, tenure, compensation, terms, conditions or privileges of employment, or any

other matter directly or indirectly related to employment. However, if an insurer or employer

extends insurance related benefits to persons other than or in addition to the named employee,

nothing in this subdivision shall require those benefits to be offered to unmarried partners of named

employees;

     (iii) In the recruiting of individuals for employment or in hiring them, to utilize any

employment agency, placement service, training school or center, labor organization, or any other

employee referring source which the employer knows, or has reasonable cause to know,

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discriminates against individuals because of their race or color, religion, sex, sexual orientation,

gender identity or expression, disability, age, or country of ancestral origin;

     (iv) To refuse to reasonably accommodate an employee's or prospective employee's

disability unless the employer can demonstrate that the accommodation would pose a hardship on

the employer's program, enterprise, or business; or

     (v) When an employee has presented to the employer an internal complaint alleging

harassment in the workplace on the basis of race or color, religion, sex, disability, age, sexual

orientation, gender identity or expression, or country of ancestral origin, to refuse to disclose in a

timely manner in writing to that employee the disposition of the complaint, including a description

of any action taken in resolution of the complaint; provided, however, no other personnel

information shall be disclosed to the complainant; or

     (vi) To take any adverse employment action against an employee for failure or refusal to

work during any period of public health disaster emergency as declared by the governor pursuant

to § 30-15-9.

     (2)(i) For any employment agency to fail or refuse to properly classify or refer for

employment or otherwise discriminate against any individual because of his or her race or color,

religion, sex, sexual orientation, gender identity or expression, disability, age, or country of

ancestral origin; or

     (ii) For any employment agency, placement service, training school or center, labor

organization, or any other employee referring source to comply with an employer's request for the

referral of job applicants if the request indicates either directly or indirectly that the employer will

not afford full and equal employment opportunities to individuals regardless of their race or color,

religion, sex, sexual orientation, gender identity or expression, disability, age, or country of

ancestral origin;

     (3) For any labor organization:

     (i) To deny full and equal membership rights to any applicant for membership because of

his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability,

age, or country of ancestral origin;

     (ii) Because of those reasons, to deny a member full and equal membership rights, expel

him or her from membership, or otherwise discriminate in any manner against him or her with

respect to his or her hire, tenure, compensation, terms, conditions or privileges of employment, or

any other matter directly or indirectly related to membership or employment, whether or not

authorized or required by the constitution or bylaws of the labor organization or by a collective

labor agreement or other contract;

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     (iii) To fail or refuse to classify properly or refer for employment, or otherwise to

discriminate against any member because of his or her race or color, religion, sex, sexual

orientation, gender identity or expression, disability, age, or country of ancestral origin; or

     (iv) To refuse to reasonably accommodate a member's or prospective member's disability

unless the labor organization can demonstrate that the accommodation would pose a hardship on

the labor organization's program, enterprise, or business;

     (4) Except where based on a bona fide occupational qualification certified by the

commission or where necessary to comply with any federal mandated affirmative action programs,

for any employer or employment agency, labor organization, placement service, training school or

center, or any other employee referring source, prior to employment or admission to membership

of any individual, to:

     (i) Elicit or attempt to elicit any information directly or indirectly pertaining to his or her

race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or

country of ancestral origin;

     (ii) Make or keep a record of his or her race or color, religion, sex, sexual orientation,

gender identity or expression, disability, age, or country of ancestral origin;

     (iii) Use any form of application for employment, or personnel or membership blank

containing questions or entries directly or indirectly pertaining to race or color, religion, sex, sexual

orientation, gender identity or expression, disability, age, or country of ancestral origin;

     (iv) Print or publish or cause to be printed or published any notice or advertisement relating

to employment or membership indicating any preference, limitation, specification, or

discrimination based upon race or color, religion, sex, sexual orientation, gender identity or

expression, disability, age, or country of ancestral origin; or

     (v) Establish, announce, or follow a policy of denying or limiting, through a quota system

or otherwise, employment or membership opportunities of any group because of the race or color,

religion, sex, sexual orientation, gender identity or expression, disability, age, or country of

ancestral origin of that group;

     (5) For any employer or employment agency, labor organization, placement service,

training school or center, or any other employee referring source to discriminate in any manner

against any individual because he or she has opposed any practice forbidden by this chapter, or

because he or she has made a charge, testified, or assisted in any manner in any investigation,

proceeding, or hearing under this chapter;

     (6) For any person, whether or not an employer, employment agency, labor organization,

or employee, to aid, abet, incite, compel, or coerce the doing of any act declared by this section to

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be an unlawful employment practice, or to obstruct or prevent any person from complying with the

provisions of this chapter or any order issued pursuant to this chapter, or to attempt directly or

indirectly to commit any act declared by this section to be an unlawful employment practice;

     (7) For any employer to include on any application for employment, except applications

for law enforcement agency positions or positions related to law enforcement agencies, a question

inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been

arrested, charged with or convicted of any crime; provided, that:

     (i) If a federal or state law or regulation creates a mandatory or presumptive disqualification

from employment based on a person's conviction of one or more specified criminal offenses, an

employer may include a question or otherwise inquire whether the applicant has ever been

convicted of any of those offenses; or

     (ii) If a standard fidelity bond or an equivalent bond is required for the position for which

the applicant is seeking employment and his or her conviction of one or more specified criminal

offenses would disqualify the applicant from obtaining such a bond, an employer may include a

question or otherwise inquire whether the applicant has ever been convicted of any of those

offenses; and

     (iii) Notwithstanding, any employer may ask an applicant for information about his or her

criminal convictions at the first interview or thereafter, in accordance with all applicable state and

federal laws;

     (8)(i) For any person who, on June 7, 1988, is providing either by direct payment or by

making contributions to a fringe benefit fund or insurance program, benefits in violation with §§

28-5-6, 28-5-7 and 28-5-38, until the expiration of a period of one year from June 7, 1988 or if

there is an applicable collective bargaining agreement in effect on June 7, 1988, until the

termination of that agreement, in order to come into compliance with §§ 28-5-6, 28-5-7 and 28-5-

38, to reduce the benefits or the compensation provided any employee on June 7, 1988, either

directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance

program.

     (ii) Where the costs of these benefits on June 7, 1988 are apportioned between employers

and employees, the payments or contributions required to comply with §§ 28-5-6, 28-5-7 and 28-

5-38 may be made by employers and employees in the same proportion.

     (iii) Nothing in this section shall prevent the readjustment of benefits or compensation for

reasons unrelated to compliance with §§ 28-5-6, 28-5-7 and 28-5-38.

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     SECTION 3. 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 -- MINIMUM WAGES

***

     This act would require employers employing fifty (50) or more employees to pay "hazard

pay" to employees involved in providing essential services during a declared public health

emergency. The hazard pay would be at a rate of one and one-third (1⅓) times the regular rate of

pay. Additionally employers would be prohibited from taking adverse employment action against

an employee who refuses to work during a public health emergency.

     This act would take effect upon passage.

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