2018 -- S 2638

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LC005095

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - EQUAL PAY DATA COLLECTION

AND REPORTING

     

     Introduced By: Senators Goodwin, and Goldin

     Date Introduced: March 15, 2018

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR

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RELATIONS" is hereby amended by adding thereto the following chapter:

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CHAPTER 5.2

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EQUAL PAY DATA COLLECTION AND REPORTING

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     28-5.2-1. Definitions.

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     As used in this chapter, the following words and terms shall have the following

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meanings:

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     (1) "Compensation" means an employee's total W-2 earnings for a twelve (12) month

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period.

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     (2) "Department" means the department of labor and training.

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     (3) "Employee" means a permanent full or part-time employee, including apprentices and

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on-the-job trainees.

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     (4) "Employer" means an employer, including state contractors and subcontractors, with

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one hundred (100) or more employees.

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     (5) "Establishment of the employer" means the physical address at which an employer

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does business.

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     (6) "Job category" means the job categories used on the federal Equal Employment

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Opportunity Commission's (EEOC) EEO-1 forms.

 

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     28-5.2-2. Equal pay data collection and reporting requirements.

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     (a) Pursuant to ยง 28-42-38 every employer that has one hundred (100) employees shall

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provide a report each year to the department, in a form issued by regulation promulgated by the

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department, which report shall contain information regarding the compensation and hours worked

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of employees by gender, race, ethnicity, and job category. Data regarding compensation and

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hours worked of employees shall be reported in the form by pay bands to be established by

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regulation promulgated by the department. The department may establish a standard presumption

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for the number of hours worked by a full-time employee or by a part-time employee for whom an

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employer does not track actual hours worked. Provided, further, an employer shall provide a

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report pursuant to this section for each establishment of the employer.

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     (b) An employer shall retain at all times, a copy of the most recent report filed and shall

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make the report available if requested by an officer, agent, or employee of the department.

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     (c) Any employer failing or refusing to file a report when required to do so may be

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compelled to file by order of a court of competent jurisdiction, upon application of the

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department.

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     (d) The department shall develop procedures for using and comparing data from reports

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in an industry or geographic area to guide enforcement priorities.

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     (e) The department shall annually publish aggregate data compiled from the reports,

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including, but not limited to, state, regional, and industry pay disparities by occupational

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category.

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     (f) The department is authorized to promulgate rules and regulations regarding the

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content and the timely and proper filing of reports pursuant to this chapter.

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     SECTION 2. This act shall take effect on July 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - EQUAL PAY DATA COLLECTION

AND REPORTING

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     This act would require an employer of one hundred (100) or more employees to annually

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report information regarding the compensation and hours worked of employees by gender, race,

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ethnicity, and job category to the department of labor and training.

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     This act would take effect on July 1, 2019.

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