2014 -- S 2408

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LC004569

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY -

BENEFITS

     Introduced By: Senators Ciccone, Archambault, and Lombardi

     Date Introduced: February 27, 2014

     Referred To: Senate Labor

     (Labor and Training)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-44-38 of the General Laws in Chapter 28-44 entitled

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

     28-44-38. Filing of claims -- Procedures -- Printed copies -- Notices. -- (a) Claims for

waiting period credit and for benefits shall be filed in accordance with regulations adopted as

prescribed. Each employer shall post and maintain printed copies or statements of those

regulations in places readily accessible to individuals employed by him or her. The director shall

supply each employer with copies of those regulations or statements of the regulations without

cost to the employers.

      (b) The director shall prescribe the type of reports required from employers and the

manner in which the reports shall be presented.

      (c) Upon the filing of a claim, the director shall promptly mail a notice of the filing of

the claim to notify the claimant's most recent employer and to all employers for whom the

claimant states he or she performed services and earned wages during his or her base period. The

employers shall promptly furnish the information required to determine the claimant's benefit

rights. If the claimant's employer or employers have any information which might affect either

the validity of the claim or the right of the claimant to waiting period credit or benefits, he or she

shall return the notice with that information. If an employer fails without good cause as

established to the satisfaction of the director to return this notice within seven (7) ten (10)

working days of its mailing, the employer shall have no standing to contest any determination to

be made by the director with respect to the claim and any benefit charges pursuant to it, and the

employer shall be barred from being a party to any further proceedings relating to the claim.

Notwithstanding any inconsistent provisions of chapters 42 -- 44 of this title, any employer who

fails to return the notice within that time shall pay a penalty of twenty-five dollars ($25.00) for

each failure. The preceding penalty shall be paid into the employment security tardy account

fund, and if any employer fails to pay the penalty, when assessed, it shall be collected by civil

action as provided in section 28-43-18. As of July 7, 2014, employers who have twenty-five (25)

or more employees shall be required to provide the necessary information to determine the

claimant’s benefit rights to the department through the Unemployment Insurance State

Information Data Exchange System (UI SIDES).

     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 - EMPLOYMENT SECURITY -

BENEFITS

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     This act would require that as of July 7, 2014, and thereafter, employers with twenty-five

(25) or more employees use the on-line Unemployment Insurance State Information Data

Exchange System (UI SIDES) to provide separation information on a former employee to the

Department of Labor and Training when the individual files a claim for benefits. This act would

further require the department to promptly notify the most recent and past reported employers of

the individual’s claim for benefits. This act would extend the time given to employers to return

the necessary information from seven (7) to ten (10) days.

     This act would take effect upon passage.

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