2026 -- H 7290 SUBSTITUTE A | |
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LC004054/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- RESTRICTIONS ON SELF-SERVICE | |
CHECKOUT STATIONS ACT | |
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Introduced By: Representatives Cotter, Spears, Carson, Donovan, Corvese, Morales, | |
Date Introduced: January 23, 2026 | |
Referred To: House Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" |
2 | is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 61 |
4 | RESTRICTIONS ON SELF-SERVICE CHECKOUT STATIONS ACT |
5 | 28-61-1. Short title. |
6 | This act shall be known and may be cited as the “Restrictions on Self-Service Checkout |
7 | Stations Act”. |
8 | 28-61-2. Applicability. |
9 | This act shall apply to all grocery stores in this state that offer shoppers the use of self- |
10 | service checkout stations. |
11 | 28-61-3. Definitions. |
12 | As used in this chapter, the following terms and phrases are defined as follows: |
13 | (1) “Department” means the department of labor and training. |
14 | (2) “Groceries” means |
15 | (i) Any raw or processed food or beverage intended for human consumption except |
16 | alcoholic beverages and marijuana products; and |
17 | (ii) Miscellaneous household maintenance items including, but not limited to, laundry |
18 | detergent and dishwashing soap, when sold by a retailer that also sells food and beverages. |
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1 | (3) “Grocery store” means a business that earns the majority of its gross income from the |
2 | retail sale of groceries. |
3 | (4) “Manual checkout station” means a checkout station at which a human operator assists |
4 | shoppers by scanning, bagging, and accepting payment for purchases. |
5 | (5) “Retail clerk” means an employee whose primary responsibility is assisting shoppers |
6 | with scanning, bagging, and receiving payment for purchases. |
7 | (6) “Retail sale” means the sale of groceries to a shopper for personal use or consumption; |
8 | provided, such use is not for the purpose of resale. |
9 | (7) “Self-service checkout” means an automated process that enables shoppers to scan, bag, |
10 | and pay for their purchases without human assistance. |
11 | 28-61-4. Restrictions on self-service checkout stations. |
12 | (a) Grocery stores with self-service checkout stations shall have a minimum of one manual |
13 | checkout station in operation for every three (3) self-service checkout stations in operation; |
14 | provided further, there shall be a minimum of one manual checkout station in operation that is in |
15 | compliance with the Americans with Disabilities Act. |
16 | (b) An employee shall be relieved of all other duties when monitoring any self-service |
17 | checkout station including, but not limited to, operating a manual checkout station. |
18 | (c) A grocery store shall be exempt from the required staffing ratio during off-peak hours. |
19 | "Off-peak hours" means the period before 8:00 a.m. and after 8:00 p.m., local time, on any calendar |
20 | day. |
21 | (d) A grocery store shall be exempt from the required staffing ratio during a declared state |
22 | of emergency affecting the geographic area in which the establishment is located or when a severe |
23 | weather alert is in effect for the geographic area in which the establishment is located, provided |
24 | that: |
25 | (1) Active warning. The exemption applies only during the period the severe weather alert |
26 | is in effect, as issued or extended by the National Weather Service or applicable state or local |
27 | emergency management authority; and |
28 | (2) Employee safety. The establishment shall not require any employee to report to work |
29 | or remain at work in conditions the employee reasonably believes pose an imminent threat to their |
30 | personal safety due to the severe weather event. |
31 | 28-61-5. Rulemaking authority. |
32 | The department shall have the primary authority to promulgate rules, regulations, and |
33 | penalties to enforce the provisions of this chapter. |
34 | 28-61-6. Violations. |
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1 | (a) A first violation of the provisions of this chapter shall result in a written warning and |
2 | no other penalty shall be imposed for such first violation. |
3 | (b) Fines for multiple violations made by the same grocery store at the same location shall |
4 | be equal to wages for one four (4) hour shift based on the highest wage for hourly retail clerks for |
5 | each day on which there is a violation; provided that, fines shall not exceed five hundred dollars |
6 | ($500) per day. |
7 | (c) Any employee may file a complaint with the department alleging a violation of this |
8 | chapter, free from fear of retaliation. Any employee of a grocery store who alleges retaliation by |
9 | their employer for submitting a complaint alleging violation(s) of this chapter may bring a cause of |
10 | action in superior court. |
11 | (d) If a grocery store does not comply with the provisions of this chapter after thirty (30) |
12 | days of receiving notice of a violation of this chapter, such non-compliance shall be considered an |
13 | unlawful act punishable in accordance with §§ 6-13.1-2 and 6-13.1-5. |
14 | (e) A consumer who alleges a violation of this chapter may file a complaint with the |
15 | department. Retaliation against a consumer who files a complaint alleging violation of this chapter |
16 | shall constitute an unlawful act punishable in accordance with §§ 6-13.1-2 and 6-13.1-5. |
17 | 28-61-7. Severability. |
18 | If any part, section, or provision of this chapter is found unconstitutional, illegal, or invalid, |
19 | such a finding will affect only that part, section or provision of this chapter and the remaining parts, |
20 | sections, or provisions shall remain in full force and effect. |
21 | SECTION 2. This act shall take effect on January 1, 2027. |
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LC004054/SUB A | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- RESTRICTIONS ON SELF-SERVICE | |
CHECKOUT STATIONS ACT | |
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1 | This act would mandate a minimum ratio of manual checkout stations to self-service |
2 | checkout stations and limits the workload and additional duties an employer can assign to an |
3 | employee that monitors self-service checkout stations. |
4 | This act would take effect on January 1, 2027. |
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