2016 -- H 7005 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -

CAUSES OF ACTION

     Introduced By: Representatives Keable, Craven, and McEntee

     Date Introduced: January 06, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby

amended by adding thereto the following section:

     9-1-54. Civil action against employer by employee under subpoena. – (a) An

employer shall not discharge, threaten, or otherwise take any adverse action against an employee

regarding the employee's compensation, terms, conditions, location or privileges of employment:

     (1) When an employee has been duly served with a subpoena, to give evidence or testify

before any court within or without the state of Rhode Island or before any judicial, quasi-judicial

or other administrative body or entity with the authority to issue subpoenas.

     (2) When the employee, upon being duly served with a properly issued subpoena,

promptly provides notice to their employer of being served and of the requirement to attend court

or other duly constituted hearing.

     (b) Any employer who violates this section may be liable for damages which may include

actual damages, compensatory damages, and reasonable attorneys' fees incurred by the employee.

     (c) Any cause of action under this section shall be commenced within three (3) years

from the date of violation.

     (d) Nothing herein shall prevent an aggrieved employee from pursuing any other cause of

action under federal or state law.

     (e) Nothing herein shall require an employer to compensate an employee for time missed

from work for complying with a subpoena.

     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 COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -

CAUSES OF ACTION

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     This act would create a cause of action for employees who are discharged or otherwise

sanctioned by an employer on account of being required to attend court or other hearing pursuant

to a validly issued subpoena.

     This act would take effect upon passage.

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