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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION

     Introduced By: Representatives Blazejewski, and Filippi

     Date Introduced: May 12, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

ARTICLE I--STATUTORY REENACTMENT

     SECTION 1. It is the express intention of the General Assembly to reenact the entirety of

     Title 28 of the General Laws of Rhode Island, including every chapter and section therein

and any chapters and sections of Title 28 not included in this act may be, and are hereby, reenacted

as if fully set forth herein.

     SECTION 2. Section 28-2-9 of the general laws in Chapter 28-2 entitled “Duty to Work in

Time of War” is hereby amended to read as follows:

     28-2-9. Employment of personnel -- Assistance by other agencies.

     The director of labor and training is authorized to appoint or employ any employees that

may be necessary, and to use any agencies that may be available and appropriate, to aid him or her

in carrying out the provisions of this chapter, and the director may delegate any and all of his or

her powers and duties prescribed by the provisions of this chapter to the division of employment

service workforce development services division.

     SECTION 3. Section 28-3-12 of the general Laws in Chapter 28-3 entitled “Employment

of Women and Children” is hereby amended to read as follows:

     28-3-12. Posting of hours and wage rates.

     Every employer shall post, in one or more places in his or her the employer’s establishment

where it may be easily seen and read by all employees employed by him or her the employer, a

printed or typewritten notice stating the minimum rates of pay, including hourly rates, or piece rate

or both, as the case may be, which the employees are receiving for the various types of work

performed in the establishment, and the number of hours' work required of the person on each day

of the week, and the hours of commencing and stopping work. The employment of any minor for

a longer time in a period of twenty-four (24) consecutive hours than so stated shall be deemed a

violation of § 28-3-11. The provisions of §§ 28-3-11 -- 28-3-12 28-3-11, 28-3-11.1[Repealed], and

28-3-12 shall not be construed to impair any restriction placed upon the employment of any child

by the provisions of chapter 19 of title 16.

     SECTION 4. Section 28-5-37 of the general Laws in Chapter 28-5 entitled “Fair

Employment Practices” is hereby amended to read as follows:

     28-5-37. Posting of statutory provisions.

     Every employer, employment agency, and labor union subject to this chapter shall post in

a conspicuous place or places on his or her the employer’s, employment agency’s or labor

union’s premises a notice to be prepared or approved by the commission, which shall set forth

excerpts of this chapter and any other relevant information which the commission deems necessary

to explain the chapter. Any employer, employment agency, or labor union refusing to comply with

the provisions of this section shall be punished by a fine of not less than one hundred dollars ($100)

nor more than five hundred dollars ($500).

     SECTION 5. Section 28-6.5-1 of the General Laws in Chapter 28-6.5 entitled “Labor and

Labor Relations” is hereby amended to read as follows:

     28-6.5-1. Testing permitted only in accordance with this section.

     (a) No employer or agent of any employer shall, either orally or in writing, request, require,

or subject any employee to submit a sample of his or her urine, blood, or other bodily fluid or tissue

for testing as a condition of continued employment unless that test is administered in accordance

with the provisions of this section. Employers may require that an employee submit to a drug test

if:

     (1) The employer has reasonable grounds to believe based on specific aspects of the

employee's job performance and specific contemporaneous documented observations, concerning

the employee's appearance, behavior or speech that the employee may be under the influence of a

controlled substance, which may be impairing his or her ability to perform his or her job;

     (2) The employee provides the test sample in private, outside the presence of any person;

     (3) Employees testing positive are not terminated on that basis, but are instead referred to

a substance abuse professional (a licensed physician with knowledge and clinical experience in the

diagnosis and treatment of drug related disorders, a licensed or certified psychologist, social

worker, or EAP professional with like knowledge, or a substance abuse counselor certified by the

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National Association of Alcohol and Drug Abuse Counselors (all of whom shall be licensed in

Rhode Island)) for assistance; provided, that additional testing may be required by the employer in

accordance with this referral, and an employee whose testing indicates any continued use of

controlled substances despite treatment may be terminated;

     (4) Positive tests of urine, blood or any other bodily fluid or tissue are confirmed by a

federally certified laboratory by means of gas chromatography/mass spectrometry or technology

recognized as being at least as scientifically accurate;

     (5) The employer provides the test to the employee, at the employer's expense, the

opportunity to have the sample tested or evaluated by an independent testing facility and so advises

the employee;

     (6) The employer provides the test to the employee with a reasonable opportunity to rebut

or explain the results;

     (7) The employer has promulgated a drug abuse prevention policy which complies with

requirements of this chapter; and

     (8) The employer keeps the results of any test confidential, except for disclosing the results

of a "positive" test only to other employees with a job-related need to know, and to defend against

any legal action brought by the employee against the employer.

     (b) Any employer who subjects any person employed by him or her to this test, or causes,

directly or indirectly, any employee to take the test, except as provided for by this chapter, shall be

guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or not

more than one year in jail, or both.

     (c) In any civil action alleging a violation of this section, the court may:

     (1) Award punitive damages to a prevailing employee in addition to any award of actual

damages;

     (2) Award reasonable attorney's fees and costs to a prevailing employee; and

     (3) Afford injunctive relief against any employer who commits or proposes to commit a

violation of this section.

     (d) Nothing in this chapter shall be construed to impair or affect the rights of individuals

under chapter 5 of this title.

     (e) Nothing in this chapter shall be construed to:

     (1) Prohibit or apply to the testing of drivers regulated under 49 C.F.R. § 40.1 et seq and

49 C.F.R. part 382 if that testing is performed pursuant to a policy mandated by the federal

government; or

     (2) Prohibit an employer in the public utility or mass transportation industry from requiring

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testing otherwise barred by this chapter if that testing is explicitly mandated by federal regulation

or statute as a condition for the continued receipt of federal funds.

     (3) Prohibit an employer in the highway maintenance industry, which shall include the

construction, upkeep, maintenance and repair of the state's highways, roads and bridges including

the repaving or resurfacing of the same, from requiring testing otherwise barred by this chapter,

provided the testing is performed as regulated under 49 C.F.R. part 40.

     (f) Notwithstanding the foregoing, this chapter shall not apply to members of the

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers and its

signatory contractors jointly participating in the IMPACT National Substance Abuse Program for

purposes of pre-qualifying workers for employment on and ensuring the maintenance of designated

drug free work sites; provided, however, that:

     (1) Participation by each worker is voluntary; and

     (2) Workers who refuse to participate shall not be subjected to any adverse employment

action other than an inability to work on a designated drug free work site; and

     (3) The penalty for a first "positive" test shall not exceed a thirty (30) day suspension from

work on designated drug free work sites.

     SECTION 6. Section 28-7-48 of the general Laws in chapter 28-48 entitled “Labor

Relations Act” is hereby amended to read as follows:

     28-7-48. Prohibition against economic benefit to an unfair employer.

     Except for state payments to health care providers pursuant to the medical assistance

program in chapter 8 of title 40 and the Rite RIte Start program in § 23-13-18 chapter 12.3 of title

42, the state of Rhode Island or any subsidiary or agency of the state shall not enter into any new

contracts with, or provide any new subsidiary, payment, service or state revenue bond money to,

nor make any favorable administrative ruling which might reasonably lead to the financial gain of,

any employer who has been found guilty of any unfair labor practice by an administrative law judge

of the national labor relations board for the duration of any strike by the employer's employees

     SECTION 7. Section 28-9.2-11 of the General Laws in Chapter 28-9.2 entitled ‘Municipal

Police Arbitration” is hereby amended to read as follows:

      28-9.2-11. Fees and expenses of arbitration.

     Fees and necessary expenses of arbitration shall be borne equally by the bargaining agent

and the corporate authorities. Notwithstanding any other remedies which a court appointed an

arbitrator appointed by the chief justice pursuant to § 28-9.2-8 may have, the arbitrator or a party

who has paid its share of the fees and necessary expenses of a court appointed an arbitrator may

petition the superior court for sanctions against the party failing to make timely payment of its share

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of the arbitrator's fees and expenses, and the superior court is authorized to enforce the sanctions

against the nonpaying party, including, but not limited to, contempt powers pursuant to § 8-6-1.

     SECTION 8. Section 28-9.5-2 of the general laws in Chapter 28-9.5 entitled “State Police

Arbitration” is hereby amended to read as follows:

     28-9.5-2. Statement of policy.

     (a) The protection of the public health, safety, and welfare demands that the full-time state

police officers of the state of Rhode Island not be accorded the right to strike or engage in any work

stoppage or slowdown. This necessary prohibition does not require the denial to such these state

employees of other well recognized rights of labor, such as the right to organize, to be represented

by an organization of their choice, and the right to bargain collectively concerning wages, rates of

pay, and other terms and conditions of employment.

     (b) It is declared to be the public policy of this state to accord to the full-time police officers

of the state all of the rights of labor other than the right to strike or engage in any work stoppage or

slowdown. To provide for the exercise of these rights, a method of arbitration of disputes is

established.

     (c) The establishment of this method of arbitration shall not in any way, be deemed to be

recognition by the state of compulsory arbitration as a superior method of settling labor disputes

between employees who possess the right to strike and their employers, but rather is a recognition

solely of the necessity to provide some alternative mode of settling disputes where employees must

as a matter of public policy be denied the usual right to strike.

     SECTION 9. Section 28-9.7-2 of the General Laws in Chapter 28-9.7 entitled” Correctional

Officers Arbitration” is hereby amended to read as follows:

     28-9.7-2. Statement of policy.

     (a) The protection of the public health, safety and welfare demands that the full-time

correctional officers of the state of Rhode Island not be accorded the right to strike or engage in

any work stoppage or slowdown. This necessary prohibition does not, however, require the denial

to such state employees of other well recognized rights of labor, such as the right to organize, to be

represented by an organization of their choice, and the right to bargain collectively concerning

wages, rates of pay, and other terms and conditions of employment.

     (b) It is hereby declared to be the public policy of this state to accord to the full-time

correctional officers of the state all of the rights of labor other than the right to strike or engage in

any work stoppage or slowdown. To provide for the exercise of these rights, a method of arbitration

of disputes is hereby established.

     (c) The establishment of this method of arbitration shall not, however, in any way whatever

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whatsoever, be deemed to be recognized by the state of compulsory arbitration as a superior

method of settling labor disputes between employees who possess the right to strike and their

employers, but rather shall be deemed to be a recognition solely of the necessity to provide some

alternative mode of settling disputes where employees must as a matter of public policy be denied

the usual right to strike.

     SECTION 10. Section 28-12-4.3 of the General Laws in Chapter 28-12 entitled “Minimum

Wages” is hereby amended to read as follows:

     28-12-4.3. Exemptions.

     (a) The provisions of §§ 28-12-4.1 and 28-12-4.2 do not apply to the following employees:

     (1) Any employee of a summer camp when it is open no more than six (6) months of the

year.

     (2) Police officers.

     (3) Employees of the state or political subdivision of the state who may elect through a

collective bargaining agreement, memorandum of understanding, or any other agreement between

the employer and representatives of the employees, or if the employees are not represented by an

exclusive bargaining agent, through an agreement or understanding arrived at between the

employer and the employee prior to the performance of work, to receive compensatory time off for

hours worked in excess of forty (40) in a week. The compensatory hours shall at least equal one

and one-half (1 1/2) times the hours worked over forty (40) in a week. If compensation is paid to

an employee for accrued compensatory time, the compensation shall be paid at the regular rate

earned by the employee at the time of payment. At the time of termination, unused accrued

compensatory time shall be paid at a rate not less than:

     (i) The average regular rate received by the employee during the last three (3) years of the

employee's employment; or

     (ii) The final regular rate received by the employee, whichever is higher.

     (4) Any employee employed in a bona fide executive, administrative, or professional

capacity, as defined by the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., compensated

for services on a salary basis of not less than two hundred dollars ($200) per week.

     (5) Any employee as defined in subsection (a)(4) of this section unless the wages of the

employee, if computed on an hourly basis, would violate the applicable minimum wage law.

     (6) Any salaried employee of a nonprofit national voluntary health agency who elects to

receive compensatory time off for hours worked in excess of forty (40) hours per week.

     (7) Any employee, including drivers, driver's helpers, mechanics, and loaders of any motor

carrier, including private carriers, with respect to whom the U.S. Secretary of Transportation has

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power to establish qualifications and maximum hours of service pursuant to the provisions of 49

U.S.C. § 31502.

     (8) Any employee who is a salesperson, parts person, or mechanic primarily engaged in

the sale and/or servicing of automobiles, trucks, or farm implements, and is employed by a non-

manufacturing employer primarily engaged in the business of selling vehicles or farm implements

to ultimate purchasers, to the extent that the employers are exempt under the federal Wage-Hour

and Equal Pay Act, 29 U.S.C. § 201 et seq. and Fair Labor Standards Act of 1938, 29 U.S.C. §

213(b)(10); provided, that the employee's weekly, bi-weekly, or monthly actual earnings exceed an

amount equal to the employee's basic contractual hourly rate of pay times the number of hours

actually worked plus the employee's basic contractual hourly rate of pay times one-half (1/2) the

number of hours actually worked in excess of forty (40) hours per week.

     (9) Any employee employed in agriculture; however, this exemption applies to all

agricultural enterprises that produce greenhouse crops, fruit and vegetable crops, herbaceous crops,

sod crops, viticulture, viniculture, floriculture, feed for livestock, forestry, dairy farming,

aquaculture, the raising of livestock, furbearing animals, poultry and eggs, bees and honey,

mushrooms, and nursery stock. This exemption also applies to nursery workers.

     (10) Any employee of an air carrier subject to the provisions of 45 U.S.C. § 181 et seq., of

the Railway Labor Act when the hours worked by that employee in excess of forty (40) in a work

week are not required by the air carrier, but are arranged through a voluntary agreement among

employees to trade scheduled work hours.

     (b) Nothing in this section exempts any employee who under applicable federal law is

entitled to overtime pay or benefits related to overtime pay.

     SECTION 11. Section 28-14-23 of the General laws in Chapter 28-14 entitled ”Payment

of Wages” is hereby amended to read as follows:

     28-14-23. Assignment of wage claims to director -- Prosecution of actions.

     The director shall have the power and authority to:

     (1) Take assignments of wage claims and rights of action for penalties as provided by §§

28-14-17 and 28-14-18 28-14-19 without being bound by any of the technical rules with reference

to the validity of the assignments;

     (2) Prosecute actions for the collection of the claims of persons who, in the judgment of

the director, have claims which are valid and enforceable in the courts; and

     (3) Join various claimants in one preferred claim or lien, and in case of suit to join them in

one cause of action.

     SECTION 12. Section 28-16-1 of the General Laws in Chapter 28-6 entitled “Enforcement

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of Wage and Hour Laws” is hereby amended to read as follows:

     28-16-1. Power of department to assist in enforcement of federal law.

     The Rhode Island department of labor and training is empowered to assist and cooperate

with the administrator of the wage and hour and public contracts division and the director of the

bureau of labor standards of the United States Department of Labor, in the administration and the

enforcement within this state of the provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.

§ 201 et seq. The department is further authorized to accept payment and/or reimbursement for its

services as provided by that act. Assistance and cooperation may include the designation by the

director of the department of labor and training of state employees to investigate federal and state

violations of wage, hour, and child labor provisions and regulations and may provide for joint

inspection.

     SECTION 13. Section 28-21-18 of the General Laws in Chapter 28-21 entitled “Hazardous

Substances Right-to-Know Act” is hereby amended to read as follows:

     28-21-18. Labeling.

     (a) The employer shall ensure that each container of designated substances in the workplace

as listed in § 28-21-3 is labeled, tagged, or marked with the following information:

     (1) Identity of the designated substance; and

     (2) Hazard warnings.

     (b) When stationary containers in a work area have similar contents and hazards, the

employer may post signs or placards to convey the required information rather than affixing labels

to each individual container.

     (c)(1) The employer shall ensure that each container of designated substance present or

leaving the workplace is labeled, tagged, or marked with the following information:

     (i) Identity of the designated substance;

     (ii) Hazard warnings; and

     (iii) Name and address of the manufacturer or other responsible party who can provide

additional information on the designated substance and appropriate emergency procedures, if

necessary.

     (2) There shall be no conflict with the requirements of the Hazardous Materials

Transportation Act, 18 U.S.C. § 1801 et seq. 49 U.S.C § 5101 et seq., and regulations issued under

that act by the department of transportation.

     (d) The employer need not affix new labels to comply with this section if existing labels

already convey the necessary information.

     (e) The employer is not required to label portable containers into which designated

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substances are transferred from labeled containers, and which are intended only for the immediate

use of the employee who performs the transfer.

     (f) The employer shall not remove or deface existing labels on incoming containers of

designated substances unless the container is immediately marked with the required information.

     (g) "Container" as used in this chapter means any receptacle or formed flexible covering,

including but not limited to bags, barrels, boxes, cans, cylinders, drums, cartons, vessels, vats, and

stationary or mobile storage tanks used solely for the storage of designated substances, but shall

not include containers used as equipment where the designated substances are formulated,

chemically reacted, or otherwise processed so long as records are available within the immediate

location of the piece of equipment to designate the activity taking place in the container.

      SECTION 14. Section 28-27-24.1 of the General Laws in Chapter 28-27 entitled

“Mechanical Trades” are hereby amended to read as follows:

     28-27-24.1. Compelling obedience to subpoenas.

     In case of failure of any person to comply with any subpoena lawfully issued subpoena or

subpoena duces tecum, or on the refusal of any witness to testify to any matter regarding which he

or she may be lawfully interrogated, it shall be the duty of the district court or any judge of the

district court, on application by the director, to compel obedience by proceedings in the nature of

those for contempt.

     SECTION 15. Section 28-33-5 of the General laws in Chapter 28-33 entitled “Workers

Compensation – Benefits” is hereby amended to read as follows:

      28-33-5. Medical services provided by employer.

     The employer shall, subject to the choice of the employee as provided in § 28-33-8,

promptly provide for an injured employee any reasonable medical, surgical, dental, optical, or other

attendance or treatment, nurse and hospital service, medicines, crutches, and apparatus for such

period as is necessary, in order to cure, rehabilitate or relieve the employee from the effects of his

injury; provided, that no fee for major surgery shall be paid unless permission for it is first obtained

from the workers' compensation court, the employer, or the insurance carrier involved, except

where compliance with it may prove fatal or detrimental to the employee. Irrespective of the date

of injury, the liability of the employer for hospital service rendered under this section to the injured

employee shall be the cost to the hospital of rendering the service at the time the service is rendered.

The director, after consultations with representatives of hospitals, employers, and insurance

companies, shall establish administrative procedures regarding the furnishing and filing of data and

the time and method of billing and may accept as representing the costs for both routine and special

services to patients, costs as computed for the federal Medicare program. Each hospital licensed

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under chapter 16 17 of title 23 which renders services to injured employees under the Workers'

Compensation Act, chapters 29 -- 38 of this title, shall submit and certify to the director, in

accordance with requirements of the administrative procedures established by him or her, its costs

for those services. The employer shall also provide all medical, optical, dental, and surgical

appliances and apparatus required to cure or relieve the employee from the effects of the injury,

including but not being limited to the following: ambulance and nursing service, eyeglasses,

dentures, braces and supports, artificial limbs, crutches, and other similar appliances; provided, that

the employer shall not be liable to pay for or provide hearing aids or other amplification devices.

     SECTION 16. Sections 28-35-8 and 28-35-41 of the General Laws in Chapter 28-35

entitled “Workers Compensation – Procedure” are hereby amended to read as follows:

     28-35-8. Filing of non-prejudicial memorandum of agreement.

     (a) Notwithstanding § 28-35-1, if the employer files a memorandum of agreement but

specifically designates that agreement as a "non-prejudicial" or "without prejudice", the employer

may pay weekly compensation benefits not exceeding thirteen (13) weeks. In these cases, the

employer shall send a copy of the non-prejudicial memorandum and any amendments to it to the

employee and his or her attorney or the representative of the decedent and his or her attorney by

certified mail, return receipt requested, at the same time as it is filed with the department in the

same manner as if it were a memorandum of agreement. The non-prejudicial memorandum of

agreement shall contain all information as directed by § 28-35-1. Having done so, the non-

prejudicial memorandum of agreement and any action taken pursuant to it shall be without

prejudice to any party subsequently maintaining any position as to employer liability for payments

under chapters 29 -- 38 of this title, maintainable in the absence of an agreement. If at any time

within or at the close of the thirteen-week period after payments of compensation have commenced

the employer or insurer terminates weekly payments to the employee or to those entitled to

payments on account of death of an employee, the employer or insurer shall notify the employee

and his or her attorney or the representative of the decedent employee and his or her attorney within

ten (10) days on a form prescribed by the department that:

     (1) Payments have terminated;

     (2) The claim has not been formally accepted; and

     (3) The employee has the right to file a petition, within the two (2) year limitation as set

forth in § 28-35-57, to formally establish liability of the employer or insurer.

     (b) If the employer or insurer makes payments of weekly benefits to the employee or to

those entitled to payments on account of death of an employee for more than the thirteen (13) week

period, the payments shall constitute a conclusive admission of liability and ongoing incapacity as

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to the injuries set forth in the non-prejudicial memorandum of agreement. The employer or insurer

shall within ten (10) days of making additional payments file a memorandum of agreement pursuant

to § 28-35-1.

     28-35-41. Time for payment or notification to employee of controverted question.

     For all injuries occurring on or before February 28, 1986, within twenty-one (21) days after

the employer has notice of an injury or death as provided in chapters 29 -- 38, of this title and has

received the initial medical report referred to in § 28-35-9 28-33-8, the employer or employer's

insurer shall either immediately begin the payment of compensation, or advise the director and the

employee or his or her representative that the right to benefits under those chapters is controverted.

In the event that the employer or his or her insurer does not immediately begin the payment of

compensation to the employee, or does not notify the director and the employee that the right to

benefits under those chapters is controverted, within the time prescribed by this section, the

employer or employer's insurer may be required to pay to an employee who successfully prosecutes

a petition for workers' compensation an additional fifty dollars ($50.00), which is to be awarded to

that employee by the workers' compensation court in its discretion and added to his or her first

week's compensation.

     SECTION 17. Section 28-37-1 of the General Laws in chapter 28-37 entitled “Workers

Compensation Administrative Fund” is hereby amended to read as follows:

     28-37-1. Establishment -- Sources -- Administration.

     (a) There is established in the department of labor and training a special account to be

known as the workers' compensation administrative account, an account within the general fund.

This account, referred to as the "workers' compensation administrative account," shall consist of

payments made to it as provided in this chapter, or penalties paid pursuant to this chapter, and of

all other moneys paid into and received by the fund, of property and securities acquired by and

through the use of moneys belonging to the fund, and of interest earned upon the moneys belonging

to the fund. All moneys in the fund shall be mingled and undivided. The fund shall be administered

by the director of labor and training or his or her designee.

     (b) The purposes for which this fund shall be used are as follows:

     (1) To provide funds to the Chief Judge Robert F. Arrigan rehabilitation center for suitable

structures, personnel, and equipment necessary for the rendering of rehabilitative services,

including, but not limited to, physical therapy, psychotherapy, and occupational therapy to injured

workers coming within the purview of chapters 29 -- 38 of this title;

     (2) To provide funds for all expenditures of the education unit created pursuant to § 42-16-

4 42-16.1-5 and all expenditures of the workers' compensation fraud prevention unit created

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pursuant to § 42-16.1-12;

     (3) To provide funds for all expenditures of the workers' compensation court. The

administrator of the fund shall on July 1st of each fiscal year transfer those funds that are reasonable

and necessary to fund all expenditures of the workers' compensation court for the fiscal year from

the administrative account, to a restricted receipt account to be established in the judicial

department. The administrator of the workers' compensation court is authorized to draw funds from

the restricted receipt account for all court expenditures;

     (4) To provide funds to the department of labor and training for all expenditures incurred

in administering its responsibilities under chapters 29 -- 38 of this title;

     (5) To provide funds to the department of labor and training for all expenditures incurred

in investigating and processing or otherwise administering its responsibilities regarding claims for

benefits or payments under §§ 28-35-20, 28-37-4 [Repealed], and 28-37-8;

     (6) To provide funds to the department of labor and training for the maintenance and

operation of a system of data collection as provided for in § 28-37-31. The director shall be

authorized to purchase and/or lease equipment necessary to effectuate the purposes of § 28-37-31;

     (7) To provide funds for loans to the state compensation insurance fund as provided in §§

27-7.2-19 and 27-7.2-20.1[Repealed]; and

     (8) To provide funds for the payment or reimbursement of actual incremental costs of

COLA increases mandated by § 28-33-17 respecting injuries occurring prior to September 1, 1990,

in such amounts as the director, in his or her sole discretion, deems appropriate. These amounts

may be paid out of the fund by order of the director and shall be made by order drawn on the general

treasury to be charged against the fund.

     (9) To provide funds to the workers' compensation advisory council created pursuant to the

provisions of § 28-29-30 for expenditures to carry out its responsibilities.

     (10) To provide funds to the department of business regulation relating to the evaluation

of rate filings, reviews, and pricing procedures pursuant to the provisions of § 27-9-52.

     SECTION 18. Sections 28-39-2 and 28-39-28 of the general laws in Chapter 28-39 entitled

“Temporary Disability Insurance – General Provisions” are hereby amended to read as follows:

     28-39-2. Definitions.

     The following words and phrases, as used in chapters 39 -- 41 of this title, have the

following meanings unless the context clearly requires otherwise:

     (1) "Average weekly wage" means the amount determined by dividing the individual's total

wages earned for services performed in employment within his or her base period by the number

of that individual's credit weeks within the base period;

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     (2) "Base period" with respect to an individual's benefit year when the benefit year begins

on or after October 7, 1990, means the first four (4) of the most recently completed five (5) calendar

quarters immediately preceding the first day of an individual's benefit year; provided, that for any

individual's benefit year when the benefit year begins on or after October 4, 1992, and for any

individual deemed monetarily ineligible for benefits under the "base period" as defined in this

subdivision, the department shall make a re-determination of entitlement based upon an alternate

base period which consists of the last four (4) completed calendar quarters immediately preceding

the first day of the claimant's benefit year. Notwithstanding anything contained to the contrary in

this subdivision, the base period shall not include any calendar quarter previously used to establish

a valid claim for benefits; provided, however, that the "base period" with respect to members of the

United States military service, the Rhode Island National Guard, or a United States military reserve

force, and who served in a United States declared combat operation during their military service,

who file a claim for benefits following their release from their state or federal active military service

and who are deemed to be monetarily ineligible for benefits under this section, shall mean the first

four (4) of the most recently completed five (5) calendar quarters immediately preceding the first

day the individual was called into that state or federal active military service; provided, that for any

individual deemed monetarily ineligible for benefits under the "base period" as defined in this

section, the department shall make a re-determination of entitlement based upon an alternative base

period which consists of the last four (4) completed calendar quarters immediately preceding the

first day the claimant was called into that state or federal active military service. Notwithstanding

any provision of this section of the general or public laws to the contrary, the base period shall not

include any calendar quarter previously used to establish a valid claim for benefits;

     (3) "Benefit" means the money payable, as provided in chapters 39 -- 41 of this title, to an

individual as compensation for his or her unemployment caused by sickness;

     (4) "Benefit credits" means the total amount of money payable to an individual as benefits,

as provided in § 28-41-7;

     (5) "Benefit rate" means the money payable to an individual as compensation, as provided

in chapters 39 -- 41 of this title, for his or her wage losses with respect to any week during which

his or her unemployment is caused by sickness;

     (6) "Benefit year" with respect to any individual who does not already have a benefit year

in effect, and who files a valid claim for benefits as of November 16, 1958, or any later date, means

fifty-two (52) consecutive calendar weeks, the first of which shall be the week containing the day

as of which he or she first files that valid claim in accordance with regulations adopted as

subsequently prescribed; provided, that for any benefit year beginning on or after October 7, 1990,

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the benefit year shall be fifty-three (53) consecutive calendar weeks if the subsequent filing of a

new valid claim immediately following the end of a previous benefit year would result in the

overlapping of any quarter of the base period of the prior new claim. In no event shall a new benefit

year begin prior to the Sunday next following the end of the old benefit year;

     (i) For benefit years that begin on or after July 1, 2012, an individual's benefit year will

begin on the Sunday of the calendar week in which an individual first became unemployed due to

sickness and for which the individual has filed a valid claim for benefits;

     (7) "Board" means the board of review as created under chapter 19 of title 42 16.1 of title

42;

     (8) "Calendar quarter" has the same definition as contained in chapter 42 of this title;

     (9) "Credit week" means any week within an individual's base period in which that

individual earns wages amounting to at least twenty (20) times the minimum hourly wage as

defined in chapter 12 of this title, for performing services in employment for one or more employers

subject to chapters 39 -- 41 of this title;

     (10) "Director" means the director of the department of labor and training;

     (11) "Employee" means any person who is or has been employed by an employer subject

to chapters 39 -- 41 of this title and in employment subject to those chapters;

     (12) "Employer" means any employing unit that is an employer under chapters 42 -- 44 of

this title;

     (13) "Employing unit" has the same definition as contained in chapter 42 of this title and

includes any governmental entity that elects to become subject to the provisions of chapters 39 --

41 of this title, in accordance with the provisions of §§ 28-39-3.1 and 28-39-3.2;

     (14) "Employment" has the same definition as contained in chapter 42 of this title;

     (15) "Employment office" has the same definition as contained in chapter 42 of this title;

     (16) "Fund" means the Rhode Island temporary disability insurance fund established by

this chapter;

     (17) "Partial unemployment due to sickness." For weeks beginning on or after January 1,

2006 an individual shall be deemed partially unemployed due to sickness in any week of less than

full-time work if he or she fails to earn in wages for services for that week an amount equal to the

weekly benefit rate for total unemployment due to sickness to which he or she would be entitled if

totally unemployed due to sickness and eligible.

     (i) For the purposes of this subdivision and subdivision (22) of this section, "Wages"

includes only that part of remuneration for any work, which is in excess of one-fifth (1/5) of the

weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar

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($1.00), to which the individual would be entitled if totally unemployed and eligible in any one

week, and "services" includes only that part of any work for which remuneration in excess of one-

fifth (1/5) of the weekly benefit rate for total unemployment, rounded to the next lower multiple of

one dollar ($1.00), to which the individual would be entitled if totally unemployed and eligible in

any one week is payable; provided, that nothing contained in this paragraph shall permit any

individual to whom remuneration is payable for any work performed in any week in an amount

equal to, or greater than, his or her weekly benefit rate to receive benefits under this subdivision

for that week.

     (18) "Reserve fund" means the temporary disability insurance reserve fund established by

§ 28-39-7;

     (19) "Services" means all endeavors undertaken by an individual that are paid for by

another or with respect to which the individual performing the services expects to receive wages or

profits;

     (20) "Sickness." An individual shall be deemed to be sick in any week in which, because

of his or her physical or mental condition, including pregnancy, he or she is unemployed and unable

to perform his or her regular or customary work or services;

     (21)(i) "Taxes" means the money payments required by chapters 39 -- 41 of this title, to be

made to the temporary disability insurance fund or to the temporary disability insurance reserve

fund.

     (ii) Wherever and whenever in chapters 39 -- 41 of this title, the words "contribution"

and/or "contributions" appear, those words shall be construed to mean the "taxes," as defined in

this subdivision, which are the money payments required by those chapters to be made to the

temporary disability insurance fund or to the temporary disability insurance reserve fund;

     (22) "Wages" has the same definition as contained in chapter 42 of this title; provided, that

no individual shall be denied benefits under chapters 39 -- 41 of this title because his or her

employer continues to pay to that individual his or her regular wages, or parts of them, while he or

she is unemployed due to sickness and unable to perform his or her regular or customary work or

services. The amount of any payments, whether or not under a plan or system, made to or on behalf

of an employee by his or her employer after the expiration of six (6) calendar months following the

last calendar month in which the employee performed actual bona fide personal services for his or

her employer, shall not be deemed to be wages either for the purpose of paying contributions

thereon under chapter 40 of this title, or for the purpose of being used as a basis for paying benefits

under chapter 41 of this title; and

     (23) "Week" has the same definition as contained in chapter 42 of this title.

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     28-39-28. Disposition of fines.

     All fines specified or provided for in §§ 28-39-23 -- 28-39-32 28-39-27 shall be paid to the

temporary disability insurance reserve fund.

     SECTION 19. Sections 28-41-13 and 28-41-35 of the General Laws in Chapter 28-41

entitled “Temporary Disability Insurance – Benefits” are hereby amended to read as follows:

     28-41-13. Disqualification by receipt of unemployment compensation benefits.

     (a)(1) An individual shall be disqualified from receiving benefits during any week with

respect to which he or she will receive remuneration in the form of benefits under an unemployment

compensation law of any state or of the United States.

     (2) Notwithstanding any provisions of chapters 39 -- 41 of this title to the contrary, an

individual receiving unemployment compensation and who is injured while unemployed and who

is then denied unemployment compensation as a result of those injuries, shall, if otherwise eligible,

be entitled to receive temporary disability insurance benefits without serving a waiting period as

required in § 28-41-12.[repealed]

     (b) Notwithstanding any provisions of chapters 39 -- 41 of this title to the contrary, if an

individual has been determined to have been paid unemployment compensation benefits and/or

dependents' allowances under chapters 42 -- 44 of this title, for the same week or weeks with respect

to which the individual was entitled to receive temporary disability insurance benefits and/or

dependents' allowances under chapters 39 -- 41 of this title, that individual shall, at the discretion

of the director, be liable to have that sum deducted from any benefits payable to him or her under

chapters 39 -- 41 of this title for the same week or weeks, to reimburse the director for the

employment security fund.

     28-41-35. Benefits.

     (a) Subject to the conditions set forth in this chapter, an employee shall be eligible for

temporary caregiver benefits for any week in which he or she is unable to perform his or her regular

and customary work because he or she is:

     (1) Bonding with a newborn child or a child newly placed for adoption or foster care with

the employee or domestic partner in accordance with the provisions of § 28-41-36(c)(1) 28-41-

36(c); or

     (2) Caring for a child, parent, parent-in-law, grandparent, spouse, or domestic partner, who

has a serious health condition, subject to a waiting period in accordance with the provisions of §

28-41-12 [repealed]. Employees may use accrued sick time during the eligibility waiting period in

accordance with the policy of the individual's employer.

     (b) Temporary caregiver benefits shall be available only to the employee exercising his or

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her right to leave while covered by the temporary caregiver insurance program. An employee shall

file a written intent with his or her employer, in accordance with rules and regulations promulgated

by the department, with a minimum of thirty (30) days' notice prior to commencement of the family

leave. Failure by the employee to provide the written intent may result in delay or reduction in the

claimant's benefits, except in the event the time of the leave is unforeseeable or the time of the leave

changes for unforeseeable circumstances.

     (c) Employees cannot file for both temporary caregiver benefits and temporary disability

benefits for the same purpose, concurrently, in accordance with all provisions of this act and

chapters 39 -- 41 of this title.

     (d) Temporary caregiver benefits may be available to any individual exercising his or her

right to leave while covered by the temporary caregiver insurance program, commencing on or

after January 1, 2014, which shall not exceed the individual's maximum benefits in accordance with

chapters 39 -- 41 of this title. The benefits for the temporary caregiver program shall be payable

with respect to the first day of leave taken after the waiting period and each subsequent day of leave

during that period of family temporary disability leave. Benefits shall be in accordance with the

following:

     (1) Beginning January 1, 2014, temporary caregiver benefits shall be limited to a maximum

of four (4) weeks in a benefit year;

     (2) Beginning January 1, 2022, temporary caregiver benefits shall be limited to a maximum

of five (5) weeks in a benefit year;

     (3) Beginning January 1, 2023, temporary caregiver benefits shall be limited to a maximum

of six (6) weeks in a benefit year.

     (e) In addition, no individual shall be paid temporary caregiver benefits and temporary

disability benefits that together exceed thirty (30) times his or her weekly benefit rate in any benefit

year.

     (f) Any employee who exercises his or her right to leave covered by temporary caregiver

insurance under this chapter shall, upon the expiration of that leave, be entitled to be restored by

the employer to the position held by the employee when the leave commenced, or to a position with

equivalent seniority, status, employment benefits, pay, and other terms and conditions of

employment including fringe benefits and service credits that the employee had been entitled to at

the commencement of leave.

     (g) During any caregiver leave taken pursuant to this chapter, the employer shall maintain

any existing health benefits of the employee in force for the duration of the leave as if the employee

had continued in employment continuously from the date he or she commenced the leave until the

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date the caregiver benefits terminate; provided, however, that the employee shall continue to pay

any employee shares of the cost of health benefits as required prior to the commencement of the

caregiver benefits.

     (h) No individual shall be entitled to waiting period credit or temporary caregiver benefits

under this section for any week beginning prior to January 1, 2014. An employer may require an

employee who is entitled to leave under the federal Family and Medical Leave Act, Pub. L. No.

103-3 and/or the Rhode Island Parental and Family Medical Leave Act, § 28-48-1 et seq., who

exercises his or her right to benefits under the temporary caregiver insurance program under this

chapter, to take any temporary caregiver benefits received, concurrently, with any leave taken

pursuant to the federal Family and Medical Leave Act and/or the Rhode Island Parental and Family

Medical Leave Act.

     (i) Temporary caregiver benefits shall be in accordance with the federal Family and

Medical Leave Act (FMLA), Pub. L. No. 103-3 and the Rhode Island Parental and Family Medical

Leave Act in accordance with § 28-48-1 et seq. An employer may require an employee who is

entitled to leave under the federal Family and Medical Leave Act, Pub. L. No. 103-3 and/or the

Rhode Island Parental and Family Medical Leave Act, § 28-48-1 et seq., who exercises his or her

right to benefits under the temporary caregiver insurance program under this chapter, to take any

temporary caregiver benefits received, concurrently, with any leave taken pursuant to the federal

Family and Medical Leave Act and/or the Rhode Island Parental and Family Medical Leave Act.

     SECTION 20. Sections 28-42-3, 28-42-14.1, 28-42-38.1, 28-42-38.2, 28-42-67, 28-42-69

and 28-42-78 of the General Laws in chapter 28-42 entitled “Employment Security – General

Provisions” are hereby amended to read as follows:

     28-42-3. Definitions.

     The following words and phrases, as used in chapters 42 -- 44 of this title, have the

following meanings unless the context clearly requires otherwise:

     (1) "Administration account" means the employment security administration account

established by this chapter.

     (2) "Average weekly wage" means the amount determined by dividing the individual's total

wages earned for service performed in employment within the individual's base period by the

number of that individual's credit weeks within the individual's base period.

     (3) "Base period," with respect to an individual's benefit year, means the first four (4), of

the most recently completed five (5) calendar quarters immediately preceding the first day of an

individual's benefit year. For any individual's benefit year, and for any individual deemed

monetarily ineligible for benefits for the "base period" as defined in this subdivision, the department

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shall make a re-determination of entitlement based upon the alternate base period that consists of

the last four (4) completed calendar quarters immediately preceding the first day of the claimant's

benefit year. Notwithstanding anything contained to the contrary in this subdivision, the base period

shall not include any calendar quarter previously used to establish a valid claim for benefits;

provided, that notwithstanding any provision of chapters 42 -- 44 of this title to the contrary, for

the benefit years beginning on or after October 4, 1992, whenever an individual who has received

workers' compensation benefits is entitled to reinstatement under § 28-33-47, but the position to

which reinstatement is sought does not exist or is not available, the individual's base period shall

be determined as if the individual filed for benefits on the date of the injury.

     (4) "Benefit" means the money payable to an individual as compensation for the

individual's wage losses due to unemployment as provided in these chapters.

     (5) "Benefit credits" means the total amount of money payable to an individual as benefits,

as determined by § 28-44-9.

     (6) "Benefit rate" means the money payable to an individual as compensation, as provided

in chapters 42 -- 44 of this title, for the individual's wage losses with respect to any week of total

unemployment.

     (7) "Benefit year," with respect to any individual who does not already have a benefit year

in effect and who files a valid claim for benefits, means fifty-two (52) consecutive calendar weeks,

the first of which shall be the week containing the day as of which he or she first files a valid claim

in accordance with regulations adopted as hereinafter prescribed; provided, that the benefit year

shall be fifty-three (53) weeks if the filing of a new, valid claim would result in overlapping any

quarter of the base period of a prior new claim previously filed by the individual. In no event shall

a new benefit year begin prior to the Sunday next following the end of the old benefit year.

     (8) "Calendar quarter" means the period of three (3) consecutive calendar months ending

March 31, June 30, September 30, and December 31; or the equivalent thereof, in accordance with

regulations as subsequently prescribed.

     (9) "Contributions" means the money payments to the state employment security fund

required by those chapters.

     (10) "Credit amount," effective July 6, 2014, means earnings by the individual in an amount

equal to at least eight (8) times the individual's weekly benefit rate.

     (11) "Credit week," prior to July 1, 2012, means any week within an individual's base

period in which that individual earned wages amounting to at least twenty (20) times the minimum

hourly wage as defined in chapter 12 of this title for performing services in employment for one or

more employers subject to chapters 42 -- 44 of this title, and for the period July 1, 2012, through

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July 5, 2014, means any week within an individual's base period in which that individual earned

wages amounting to at least the individual's weekly benefit rate for performing services in

employment for one or more employers subject to chapters 42 -- 44 of this title.

     (12) "Crew leader," for the purpose of subdivision (19) of this section, means an individual

who:

     (i) Furnishes individuals to perform service in agricultural labor for any other person;

     (ii) Pays (either on the crew leader's own behalf or on behalf of that other person) the

individuals so furnished by the crew leader for the service in agricultural labor performed by them;

and

     (iii) Has not entered into a written agreement with that other person (farm operator) under

which that individual (crew leader) is designated as an employee of that other person (farm

operator).

     (13) "Director" means the head of the department of labor and training or the director's

authorized representative.

     (14) "Domestic service employment." "Employment" includes domestic service in a

private home performed for a person who paid cash remuneration of one thousand dollars ($1,000)

or more in any calendar quarter in the current calendar year, or the preceding calendar year, to

individuals employed in that domestic service.

     (15) "Employee" means any person who is, or has been, employed by an employer subject

to those chapters and in employment subject to those chapters.

     (16) "Employer" means:

     (i) Any employing unit that was an employer as of December 31, 1955;

     (ii) Any employing unit that for some portion of a day on and after January 1, 1956, has,

or had, in employment, within any calendar year, one or more individuals; except, however, for

"domestic service employment," as defined in subdivision (14) of this section;

     (iii) For the effective period of its election pursuant to § 28-42-12, any other employing

unit that has elected to become subject to chapters 42 -- 44 of this title; or

     (iv) Any employing unit not an employer by reason of any other paragraph of this

subdivision for which, within either the current or preceding calendar year, service is, or was,

performed with respect to which that employing unit is liable for any federal tax against which

credit may be taken for contributions required to be paid into this state's employment security fund;

or which, as a condition for approval of chapters 42 -- 44 of this title for full tax credit against the

tax imposed by the Federal Unemployment Tax Act, 26 U.S.C. § 3301 et seq., is required, pursuant

to that act, to be an "employer" under chapters 42 -- 44 of this title.

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     (17) "Employing unit" means any person, partnership, association, trust, estate, or

corporation, whether domestic or foreign, or its legal representative, trustee in bankruptcy, receiver,

or trustee, or the legal representative of a deceased person, that has, or had, in the unit's employ,

one or more individuals. For the purposes of subdivision (14) of this section, a private home shall

be considered an employing unit only if the person for whom the domestic service was performed

paid cash remuneration of one thousand dollars ($1,000) or more in any calendar quarter in the

current calendar year, or the preceding calendar year, to individuals employed in that domestic

service in that private home.

     (18)(i) "Employment," subject to §§ 28-42-4 -- 28-42-10, means service, including service

in interstate commerce, performed for wages, or under any contract of hire, written or oral, express

or implied; provided, that service performed shall also be deemed to constitute employment for all

the purposes of chapters 42 -- 44 of this title if performed by an individual in the employ of a

nonprofit organization as described in subdivision (25) of this section, except as provided in § 28-

42-8(7).

     (ii) Notwithstanding any other provisions of this section, "Employment" also means service

with respect to which a tax is required to be paid under any federal law imposing a tax against

which credit may be taken for contributions required to be paid into this state's employment security

fund or which, as a condition for full tax credit against the tax imposed by the Federal

Unemployment Tax Act, is required to be covered under chapters 42 -- 44 of this title.

     (iii) Employment not to include owners. Employment does not include services performed

by sole proprietors (owners), partners in a partnership, limited liability company -- single member

filing as a sole proprietor with the IRS, or members of a limited liability company filing as a

partnership with the IRS.

     (19) "Employment -- Crew leader." For the purposes of subdivision (12) of this section:

     (i) Any individual who is a member of a crew furnished by a crew leader to perform service

in agricultural labor for any other person shall be treated as an employee of that crew leader if:

     (A) That crew leader holds a valid certificate of registration under the Migrant and Seasonal

Agricultural Worker Protection Act, 29 U.S.C. § 1801 et seq., or substantially all members of that

crew operate or maintain tractors, mechanized harvesting, or crop-dusting equipment, or any other

mechanized equipment that is provided by that crew leader; and

     (ii) That individual is not an employee of the other person within the meaning of

subdivision (15) of this section; and

     (iii) In the case of any individual who is furnished by a crew leader to perform service in

agricultural labor for any other person and who is not treated as an employee of that crew leader:

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     (A) That other person, and not the crew leader, shall be treated as the employer of that

individual; and

     (B) That other person shall be treated as having paid cash remuneration to that individual

in an amount equal to the amount of cash remuneration paid to that individual by the crew leader

(either on the crew leader's own behalf or on behalf of that other person) for the service in

agricultural labor performed for that other person.

     (20) "Employment office" means a free, public-employment office, or its branch, operated

by the director or by this state as part of a system of free, public-employment offices, or any other

agency that the director may designate with the approval of the Social Security Administration.

     (21) "Fund" means the employment security fund established by this chapter.

     (22) "Governmental entity" means state and local governments in this state and includes

the following:

     (i) The state of Rhode Island or any of its instrumentalities, or any political subdivision of

the state, or any of its instrumentalities;

     (ii) Any instrumentality of more than one of these entities; or

     (iii) Any instrumentality of any of these entities and one or more other states or political

subdivisions.

     (23) "Hospital" means an institution that has been licensed, certified, or approved by the

department of health as a hospital.

     (24)(i) "Institution of higher education" means an educational institution in this state that:

     (A) Admits, as regular students, only individuals having a certificate of graduation from a

high school, or the recognized equivalent of such certificate;

     (B) Is legally authorized within this state to provide a program of education beyond high

school;

     (C) Provides:

     (I) An educational program for which it awards a bachelor's or higher degree, or a program

that is acceptable for full credit toward such a degree;

     (II) A program of post-graduate or post-doctoral studies; or

     (III) A program of training to prepare students for gainful employment in a recognized

occupation; and

     (D) Is a public or other nonprofit institution.

     (ii) Notwithstanding any of the preceding provisions of this subdivision, all colleges and

universities in this state are institutions of higher education for purposes of this section.

     (25) "Nonprofit organization" means an organization, or group of organizations, as defined

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in 26 U.S.C. § 501(c)(3), that is exempt from income tax under 26 U.S.C. § 501(a).

     (26)(i) "Partial unemployment." An employee shall be deemed partially unemployed in any

week of less than full-time work if the employee fails to earn in wages for that week an amount

equal to the weekly benefit rate for total unemployment to which the employee would be entitled

if totally unemployed and eligible. For weeks beginning on or after May 23, 2021, through June

30, 2022, an employee shall be deemed partially unemployed in any week of less than full-time

work if the employee fails to earn wages for that week in an amount equal to or greater than one

hundred and fifty percent (150%) of the weekly benefit rate for total unemployment to which the

employee would be entitled if totally unemployed and eligible.

     (ii) For the purposes of this subdivision and subdivision (28) of this section, "wages"

includes only that part of remuneration for any work that is in excess of one-fifth (1/5) of the weekly

benefit rate for total unemployment, rounded to the next lower multiple of one dollar ($1.00), to

which the individual would be entitled if totally unemployed and eligible in any one week, and

"services" includes only that part of any work for which remuneration in excess of one-fifth (1/5)

of the weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar

($1.00), to which the individual would be entitled if totally unemployed and eligible in any one

week is payable; provided, that nothing contained in this paragraph shall permit any individual to

whom remuneration is payable for any work performed in any week in an amount equal to or greater

than his or her weekly benefit rate to receive benefits under this subdivision for that week.

     (iii) Notwithstanding the foregoing, for weeks ending on or after May 23, 2021, through

June 30, 2022, "wages" includes only that part of remuneration for any work that is in excess of

fifty percent (50%) of the weekly benefit rate for total unemployment, rounded to the next lower

multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed and

eligible in any one week, and "services" includes only that part of any work for which remuneration

in excess of fifty percent (50%) of the weekly benefit rate for total unemployment, rounded to the

next lower multiple of one dollar ($1.00), to which the individual would be entitled if totally

unemployed and eligible in any one week is payable. Provided, that, during the period defined in

this subdivision, nothing contained in this subdivision shall permit any individual to whom

remuneration is payable for any work performed in any week in an amount equal to or greater than

one hundred fifty percent (150%) of their weekly benefit rate to receive benefits under this

subdivision for that week.

     (iv) Notwithstanding anything contained to the contrary in this subdivision, "services," as

used in this subdivision and in subdivision (28) of this section, does not include services rendered

by an individual under the exclusive supervision of any agency of this state, or any of its political

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subdivisions, by which the services are required solely for the purpose of affording relief, support,

or assistance to needy individuals performing those services, or services performed by members of

the national guard and organized reserves in carrying out their duties in weekly drills as members

of those organizations. "Wages," as used in this subdivision and in subdivision (28) of this section,

does not include either remuneration received by needy individuals for rendering the

aforementioned services when that remuneration is paid exclusively from funds made available for

that purpose out of taxes collected by this state or any of its political subdivisions, or remuneration

received from the federal government by members of the national guard and organized reserves, as

drill pay, including longevity pay and allowances.

     (27) "Payroll" means the total amount of all wages paid by the employer to the employer's

employees for employment.

     (28) "Total unemployment." An individual shall be deemed totally unemployed in any

week in which the individual performs no services (as used in subdivision (26) of this section) and

for which the individual earns no wages (as used in subdivision (26) of this section), and in which

the individual cannot reasonably return to any self-employment in which the individual has

customarily been engaged.

     (29) "Wages" means all remuneration paid for personal services on or after January 1, 1940,

including commissions and bonuses and the cash value of all remuneration paid in any medium

other than cash, and all other remuneration that is subject to a tax under a federal law imposing a

tax against which credit may be taken for contributions required to be paid into a state

unemployment fund. Gratuities customarily received by an individual in the course of the

individual's employment from persons other than the individual's employing unit shall be treated

as wages paid by the individual's employing unit. The reasonable cash value of remuneration paid

in any medium other than cash, and the reasonable amount of gratuities, shall be estimated and

determined in accordance with rules prescribed by the director; except that for the purpose of this

subdivision and of §§ 28-43-1 -- 28-43-14 28-43-1 – 28-43-8.1, 28-43-8.2[Repealed], 28-43-8.3,

28-43-8.4[Repealed], 28-43-8.5 – 28-43-8.10, 28-43-11[Repealed] and 28-43-12 – 28-43-14, this

term does not include:

     (i) That part of remuneration that is paid by an employer to an individual with respect to

employment during any calendar year, after remuneration equal to the amount of the taxable wage

base as determined in accordance with § 28-43-7 has been paid during that calendar year by the

employer or the employer's predecessor to that individual; provided, that if the definition of

"wages" as contained in the Federal Unemployment Tax Act is amended to include remuneration

in excess of the taxable wage base for that employment, then, for the purposes of §§ 28-43-1 -- 28-

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43-14, "wages" includes the remuneration as previously set forth, up to an amount equal to the

dollar limitation specified in the federal act. For the purposes of this subdivision, "employment"

includes services constituting employment under any employment security law of another state or

of the federal government;

     (ii) The amount of any payment made to, or on behalf of, an employee under a plan or

system established by an employer that makes provision for employees generally, or for a class or

classes of employees (including any amount paid by an employer or an employee for insurance or

annuities, or into a fund, to provide for any such payment), on account of:

     (A) Retirement;

     (B) Sickness or accident disability;

     (C) Medical and hospitalization expenses in connection with sickness or accident

disability; or

     (D) Death; provided, that the employee has not the:

     (I) Option to receive, instead of provision for that death benefit, any part of that payment

or, if that death benefit is insured, any part of the premiums (or contributions to premiums) paid by

the individual's employer; and

     (II) Right, under the provisions of the plan or system or policy of insurance providing for

that death benefit, to assign that benefit, or to receive a cash consideration in lieu of that benefit

either upon the employee's withdrawal from the plan or system providing for that benefit or upon

termination of the plan or system or policy of insurance, or of the individual's employment with

that employer;

     (E) The payment by an employer (without deduction from the remuneration of the

employee) of:

     (I) The tax imposed upon an employee under 26 U.S.C. § 3101; or

     (II) Any payment required from an employee under chapters 42 -- 44 of this title;

     (iii) Any amount paid by an employee, or an amount paid by an employer, under a benefit

plan organized under the Internal Revenue Code [26 U.S.C. § 125].

     (30) "Week" means the seven-day (7) calendar week beginning on Sunday at 12:01 A.M.

and ending on Saturday at 12:00 A.M. midnight.

     28-42-14.1. Treatment of Indian tribes.

     (a) "Employer" includes any Indian tribe for which service in employment as defined under

chapters 42 -- 44 of this title is performed.

     (b) "Employment" includes service performed in the employ of an Indian tribe, as defined

in section 3306(u) of the Federal Unemployment Tax Act (FUTA), 26 U.S.C. § 3306(u), provided

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the service is excluded from "employment" as defined in FUTA solely by reason of section

3306(c)(7), FUTA, 26 U.S.C. § 3306(c)(7), and is not otherwise excluded from "employment"

under chapters 42 -- 44 of this title. For the purposes of this section, the exclusions from

employment in § 28-42-14 shall be applicable to service performed in the employ of an Indian tribe.

     (c) Benefits based on service in employment defined in this section shall be payable in the

same amount, on the same terms and subject to the same conditions as benefits payable on the basis

of other service required to be covered under chapters 42 -- 44 of this title.

     (d)(1) Indian tribes or tribal units (subdivisions, subsidiaries or business enterprises wholly

owned by such Indian tribes) subject to the provisions of chapters 42 -- 44 of this title shall pay

contributions under the same terms and conditions as all other subject employers, unless they elect

to pay into the employment security fund amounts equal to the amount of benefits attributable to

service in the employ of the Indian tribe.

     (2) Indian tribes electing to make payments in lieu of contributions must make that election

in the same manner and under the same conditions as provided in §§ 28-43-24 -- 28-43-31 and 28-

43-28 – 28-43- 31 pertaining to state and local governments and nonprofit organizations subject to

the provisions of chapters 42 -- 44 of this title. Indian tribes will determine if reimbursement for

benefits paid will be elected by the tribe as a whole, by individual tribal units, or by combinations

of individual tribal units.

     (3) Indian tribes or tribal units will be billed for the full amount of benefits attributable to

service in the employ of the Indian tribe or tribal unit on the same schedule as other employing

units that have elected to make payments in lieu of contributions.

     (4) At the discretion of the director, any Indian tribe or tribal unit that elects to become

liable for payments in lieu of contributions shall be required within thirty (30) days after the

effective date of its election, to:

     (A) execute and file with the director a surety bond approved by the director; or

     (B) deposit with the director money or securities on the same basis as other employers with

the same election option.

     (e)(1)(i) Failure of the Indian tribe or tribal unit to make required payments, including

assessments of interest and penalty, within ninety (90) days of receipt of the bill will cause the

Indian tribe to lose the option to make payments in lieu of contributions, as described in subsection

(d), for the following tax year unless payment in full is received before contribution rates for next

tax year are computed.

     (ii) Indian tribe that loses the option to make payments in lieu of contributions due to late

payment or nonpayment, as described in paragraph (i) of this subdivision, shall have that option

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reinstated if, after a period of one year, all contributions have been made timely, provided no

contributions, payments in lieu of contributions for benefits paid, penalties or interest remain

outstanding.

     (2)(i) Failure of the Indian tribe or any of its tribal units to make required payments,

including assessments of interest and penalty, after all collection activities deemed necessary by

the director have been exhausted, will cause services performed for that tribe to not be treated as

"employment" for purposes of subsection (b) of this section.

     (ii) The director may determine that any Indian tribe that loses coverage under paragraph

(i) of this subdivision may have services performed for that tribe again included as "employment"

for purposes of subsection (b) of this section if all contributions, payments in lieu of contributions,

penalties and interest have been paid.

     (iii) The director will notify the United States Internal Revenue Service and the United

States Department of Labor of any termination or reinstatement of coverage made under paragraphs

(i) and (ii) of this subdivision.

     (f) Notices of payment and reporting delinquency to Indian tribes or their tribal units shall

include information that failure to make full payment within the prescribed time frame:

     (1) Will cause the Indian tribe to be liable for taxes under FUTA;

     (2) Will cause the Indian tribe to lose the option to make payments in lieu of contributions;

     (3) Could cause the Indian tribe to be excepted from the definition of "employer," as

provided in subsection (a) of this section, and services in the employ of the Indian tribe, as provided

in subsection (b) of this section, to be excepted from "employment."

     (g) Extended benefits paid under the provisions of § 28-44-62 that are attributable to

service in the employ of an Indian tribe and not reimbursed by the federal government shall be

financed in their entirety by the Indian tribe.

     28-42-38.1. Quarterly wage reports.

     (a)(1) The department of labor and training is designated and constituted the agency within

this state charged with the responsibility of collecting quarterly wage information, as required by

42 U.S.C. § 1320b-7. Each employer shall be required to submit a detailed wage report to the

director, for all calendar quarters within thirty (30) days after the end of each quarter in a form and

manner prescribed by the director, listing each employee's name; social security account number;

the total amount of wages paid to each employee; and any other information that the director deems

necessary. All reports shall be in addition to those now required by the department.

     (2) The department will utilize the quarterly wage information that it collects from

employers to establish an individual's eligibility for unemployment insurance benefits and to

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determine the amount and duration of benefits for all new claims filed.

     (3) Notwithstanding any provisions of chapters 42 -- 44 of this title to the contrary, the

department may utilize employee quarterly wage information submitted by employers to measure

the progress of the state in meeting the performance measures developed in response to United

States Public Law 105-220, the Workforce Investment Act of 1998 (see 29 U.S.C. § 2801 et seq.)

113-128, the Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. 3101 et seq.),

further provided however, that the department may verify certain employee quarterly wage

information for the local workforce investment board and provide it with the verified data under

procedures established by rules and regulations promulgated by the director. The director shall also

make the quarterly wage information available, upon request, to the agencies of other states in the

performance of their public duties under the Workforce Investment Act of 1998 Workforce

Innovation and Opportunity Act of 2014 (29 U.S.C. 3101 et seq.) in that state. This information

shall be made available only to the extent required by the Secretary of Labor and necessary for the

valid administrative needs of the authorized agencies, and all agencies requesting this data shall

protect it from unauthorized disclosure. The department shall be reimbursed by the agencies

requesting the information for the costs incurred in providing the information.

     (4) Notwithstanding any provisions of chapters 42 -- 44 of this title to the contrary, the

department may provide quarterly wage information to the United States Census Bureau for the

purpose of participating in a joint local employment dynamics program with the United States

Census Bureau and the Bureau of Labor Statistics.

     (5) Notwithstanding any provisions of chapters 42 -- 44 of this title to the contrary, the

department may provide employee quarterly wage information to the department's designated

research partners for the purpose of its workforce data quality and workforce innovation fund

initiatives. The provision of these records will be done in accordance with an approved data-sharing

agreement between the department and its designated research partners that protects the security

and confidentiality of these records and through procedures established by protocols, rules and/or

regulations as determined necessary by the director and appropriately established or promulgated.

     (b) Notwithstanding any inconsistent provisions of chapters 42 -- 44 of this title, an

employer who or that fails to file a detailed wage report in the manner and at the times required by

subsection (a) of this section for any calendar quarter shall pay a penalty of twenty-five dollars

($25.00) for each failure or refusal to file. An additional penalty of twenty-five dollars ($25.00)

shall be assessed for each month the report is delinquent; provided, that this penalty shall not exceed

two hundred dollars ($200.00) for any one report. This 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

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collected by civil action as provided in § 28-43-18.

     28-42-38.2. Income and eligibility verification.

     (a) The department of labor and training will participate in the income and eligibility

verification procedures as required by 42 U.S.C. § 1302b-7 42 U.S.C. § 1320(b)-7, which provides

for the exchange of information among agencies administering federally assisted programs for aid

to families with dependent children, Medicaid, food stamps, supplemental security income,

unemployment insurance, and any other state program under a plan approved under Title I, X, XIV,

or XVI of the Social Security Act, 42 U.S.C. § 301 et seq., 1201 et seq., 1351 et seq., or 1381 et

seq., respectively.

     (b) Notwithstanding any other provisions of this chapter, the director will provide, upon

request: (1) quarterly wage information to all authorized agencies for income and eligibility

verification purposes and, further, to the appropriate state or local child support enforcement agency

operating pursuant to a plan described in 42 U.S.C. § 654 which has been approved by the Secretary

of Health and Human Services under Part D of Title IV of the Social Security Act, 42 U.S.C. § 651

et seq. (2) quarterly wage information for child support enforcement purposes to the Department

of Health and Human Services in accordance with United States P.L. 100-485, Family Support Act

of 1988; and (3) quarterly wage information to the Department of Housing and Urban Development

and to authorized representatives of public housing agencies in accordance with the Stewart B.

McKinney Homeless Assistance Act, 42 U.S.C. § 11301 et seq. This information shall be made

available only to the extent necessary for the valid administrative needs of the authorized agencies

and all agencies requesting this data shall protect it from unauthorized disclosures. The department

shall be reimbursed by the agencies requesting the information for the costs incurred in providing

the information.

     28-42-67. Disposition of fines.

     All fines specified or provided for in §§ 28-42-62 -- 28-42-66 28-42-62[Repealed], 28-42-

62.1, 28-42-63[Repealed], 28-42-64, and 28-42-65 – 28-42-66 shall be paid to the employment

security tardy account fund.

     28-42-69. Complaints to invoke penalties.

     The director shall be the party complainant to any complaint and warrant brought to invoke

the penalties provided for in §§ 28-42-62 -- 28-42-66 28-42-62[Repealed], 28-42-62.1, 28-42-

63[Repealed] and 28-42-63.1 – 28-42-67, and the director shall be exempt from giving surety for

costs in any action.

     28-42-78. Establishment of employment security tardy account fund -- Sources.

     (a)(1) There is created as a restricted receipt account within the general fund the

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employment security tardy account fund, to be administered by the director without liability on the

part of the state beyond the amounts paid into and earned by the fund. This fund shall consist of:

     (i) All penalties received from employers and paid pursuant to §§ 28-42-62 -- 28-42-66 28-

42-62[Repealed] 28-42-62.1, 28-42-63[Repealed] 28-42-64, and 28-42-65 – 28-42-67,

     (ii) All other moneys paid into and received by the fund;

     (iii) Property and securities acquired by and through the use of moneys belonging to the

fund; and

     (iv) Interest earned upon the moneys belonging to the fund.

     (2) All moneys in the fund shall be mingled and undivided.

     (b) All moneys received by the director for account of the employment security tardy

account fund shall, upon receipt, be deposited by the director in a clearance account in a bank in

this state and shall be exempt from the provisions of § 35-4-27.

     SECTION 21. Sections 28-43-2 and 28-43-3 of the General laws in Chapter 28-43 entitled

“Employment Security – Contributions” are hereby amended to read as follows:

     28-43-2. Balancing account -- Credits and charges.

     Subsequent to the establishment of the balancing account as set forth in § 28-43-1(1), the

credits and charges to that account shall be determined by the director as follows:

     (1) Credits to the balancing account:

     (i) All interest earnings received by the fund;

     (ii) All transfers to the credit of the account of this state in the unemployment trust fund

under 42 U.S.C. § 903(a) 42 U.S.C. § 1103;

     (iii) Any plus balance remaining to the credit of an employer's account after he or she has

ceased to be subject to chapters 42 -- 44 of this title;

     (iv) The entire amount credited to the balancing account under § 28-43-9 relating to the

balancing rate;

     (v) An amount equal to the amount of any restitution by an employee of benefits, whether

that restitution is in cash or in the form of offset against benefits otherwise due, when that restitution

is made;

     (vi) Any deposits made by employers in connection with an appeal under § 28-44-39,

which are not returnable;

     (vii) The amount reimbursed or advanced to this state as the federal share of extended

benefits paid to individuals under the provisions of § 28-44-62; and

     (viii) The amount reimbursed to this state in accordance with the provisions of § 121 of

United States P.L. 94-566 Pub. L. 94-566, Oct. 20, 1976, Title I, § 121, 90 STAT 2673.

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     (2) Charges to the balancing account:

     (i) Any minus balance of an employer's account after he or she has ceased to be subject to

this title, together with an amount equal to benefits subsequently paid based on wages reported by

that employer;

     (ii) Any disbursements from the fund that are not chargeable to employer accounts;

     (iii) Any benefit payments paid to a claimant and charged to an employer's account after a

hearing in which the employer appeared and contested the award which is subsequently finally

disallowed on appeal, which charges to the employer's account shall be cancelled;

     (iv) Any benefit payments based on determinations by the administrative agencies of other

states;

     (v) Dependent's allowances not otherwise chargeable to an employer's account paid under

§ 28-44-6 for benefit years beginning subsequent to September 30, 1985;

     (vi) Benefits not chargeable to any individual employer's account;

     (vii) Any benefit payments paid to an individual who has left his or her employment for

reasons which have been determined not to have been connected with the employment; provided,

that the benefits paid to an individual who leaves work pursuant to a retirement plan, system, or

program in accordance with the provisions of § 28-44-17 of this title shall be charged in accordance

with the provisions of § 28-43-3(2)(ii);

     (viii) Any benefits paid for benefit years beginning subsequent to September 30, 1985 to

an individual in accordance with the provisions of § 28-44-62, and not otherwise chargeable to an

employer's account;

     (ix) The foregoing charges to the balancing account shall be limited to benefits paid based

on service with an employer required to pay contributions under the provisions of chapters 42 -- 44

of this title.

     (x) Any benefits paid for benefit years beginning subsequent to July 7, 1996 to an

individual unemployed as a result of physical damage to the real property at the employer's usual

place of business caused by severe weather conditions, including, but not limited to, hurricanes,

snowstorms, ice storms or flooding, or fire except where caused by the employer.

     SECTION 22. Sections 28-44-58.1, 28-44-62 and 28-44-69 of the General Laws in Chapter

28-44 entitled “Employment Security – Benefits” are hereby amended to read as follows:

     28-44-58.1. Child support intercept of benefits.

     (a) An individual filing a new claim for benefits shall, at the time of filing the claim,

disclose whether or not he or she owes child support obligations as defined under subsection (g) of

this section. If any individual discloses that he or she owes child support obligations, and is

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determined to be eligible for benefits, the director shall notify the department of human services,

bureau of family support that the individual has been determined to be eligible for benefits.

     (b) Notwithstanding any provision of this title to the contrary, the director shall deduct and

withhold from any compensation payable to an individual that owes child support obligations as

defined under subsection (g) of this section:

     (1) The amount specified by the individual to the director to be deducted and withheld

under this subsection, if neither subdivision (2) nor (3) of this subsection is applicable; or

     (2) The amount determined pursuant to an agreement submitted to the director under 42

U.S.C. § 454(20)(B)(i) 42 U.S.C. § 654 (19)(B)(i) by the department of human services, bureau of

family support, unless subdivision (3) of this subsection is applicable; or

     (3) Any amount otherwise required to be deducted and withheld from the benefits pursuant

to legal process, as that term is defined in 42 U.S.C. § 462(e) 42 U.S.C. § 659 (i)(5), properly

served upon the director.

     (c) Any amount deducted and withheld under subsection (b) of this section shall be paid

by the director to the department of human services, bureau of family support.

     (d) Any amount deducted and withheld under subsection (b) of this section shall for all

purposes be treated as if it were paid to the individual as benefits under chapters 42 -- 44 of this

title and paid by that individual to the department of human services, bureau of family support in

satisfaction of the individual's child support obligations.

     (e) For purposes of subsections (a) through (d) of this section, "benefits" means any

compensation payable under this chapter, including amounts payable by the director pursuant to an

agreement under any federal law providing for compensation, assistance, or allowances with

respect to unemployment.

     (f) This section applies only if appropriate arrangements have been made for

reimbursement by the department of human services, bureau of family support for the

administrative costs incurred by the director under this section which are attributable to child

support obligations being enforced by the department of human services, bureau of family support.

     (g) "Child support obligations" is defined for purposes of this section as including only

obligations which are being enforced pursuant to a plan described in 42 U.S.C. § 454 42 U.S.C. §

654 which has been approved by the Secretary of Health and Human Services under Part D of Title

IV of the Social Security Act, 42 U.S.C. § 651 et seq.

     (h) Upon receipt of funds paid by the director under subsection (c) of this section, the

department of human services, bureau of family support shall deposit and hold those funds in an

escrow account until credit to the individual's child support obligation is made.

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     28-44-62. Extended benefits.

     (a) Definitions. As used in this section, unless the context clearly requires otherwise:

     (1) "Eligibility period" of an individual means the period consisting of the weeks in his or

her benefit year which begin in an extended period that is in effect in this state and, if his or her

benefit year ends within that extended benefit period, any weeks thereafter which begin in that

period.

     (2) "Extended benefit period" means a period which:

     (i) Begins with the third week after the first week for which there is a state "on" indicator;

and

     (ii) Ends with either of the following weeks, whichever occurs later: (A) the third (3rd)

week after the first week for which there is a state "off" indicator; or (B) the thirteenth (13th)

consecutive week of that period; provided, that no extended benefit period may begin by reason of

a state "on" indicator before the fourteenth week following the end of a prior extended benefit

period which was in effect with respect to this state; and provided, further, that no extended benefit

period may become effective in this state prior to the sixty-first (61st) day following the date of

enactment of the Federal-State Extended Unemployment Compensation Act of 1970 (see 26 U.S.C.

§ 3304), and that, on and after January 1, 1972, either state or national indicators shall be applicable.

     (iii) There is a "state 'on' indicator" for this state for a week, beginning after September 25,

1982 and prior to December 18, 2010, or beginning on or after January 1, 2012, if:

     (A) The director determines, in accordance with regulations of the U.S. Secretary of Labor,

that for the period consisting of that week and the immediately preceding twelve (12) weeks, the

rate of insured unemployment not seasonally adjusted under this chapter:

     (I) Equaled or exceeded one hundred twenty percent (120%) of the average of those rates

for the corresponding thirteen (13) week period ending in each of the preceding two (2) calendar

years, and

     (II) Equaled or exceeded five percent (5%), or

     (B) The director determines, in accordance with regulations of the U.S. Secretary of Labor,

that for the period consisting of that week and the immediately preceding twelve (12) weeks, the

rate of insured unemployment not seasonally adjusted under this chapter equaled or exceeded six

percent (6%), regardless of the insured unemployment rate in previous years, or

     (C) With respect to benefits for weeks of unemployment beginning after March 6, 1993,

and prior to December 18, 2010, or beginning on or after January 1, 2012, the average rate of total

unemployment seasonally adjusted, as determined by the United States Secretary of Labor, for the

period consisting of the most recent three (3) months for which data for all states are published

LC005928/SUB A - Page 33 of 77

before the close of that week:

     (I) Equals or exceeds 6.5 percent (6.5%), and

     (II) Equals or exceeds one hundred ten percent (110%) of such average for either or both

of the corresponding three (3) month periods ending in the two (2) preceding calendar years.

     (D) Notwithstanding any provision of this subdivision, any week for which there would

otherwise be a state "on" indicator shall continue to be such a week and shall not be determined to

be a week for which there is a state "off" indicator.

     (iv) There is a "state 'on' indicator" for this state for a week, beginning on or after December

18, 2010, and ending on or before December 31, 2011, if:

     (A) The director determines, in accordance with regulations of the U.S. Secretary of Labor,

that for the period consisting of that week and the immediately preceding twelve (12) weeks, the

rate of insured unemployment not seasonally adjusted under this chapter:

     (I) Equaled or exceeded one hundred twenty percent (120%) of the average of those rates

for the corresponding thirteen (13) week period ending in each of the preceding three (3) calendar

years; and

     (II) Equaled or exceeded five percent (5%); or

     (B) The director determines, in accordance with regulations of the U.S. Secretary of Labor,

that for the period consisting of that week and the immediately preceding twelve (12) weeks, the

rate of insured unemployment not seasonally adjusted under this chapter equaled or exceeded six

percent (6%), regardless of the insured unemployment rate in previous years; or

     (C) With respect to benefits for weeks of unemployment beginning on or after December

18, 2010, and ending on or before December 31, 2011, the average rate of total unemployment

seasonally adjusted, as determined by the United States Secretary of Labor, for the period

consisting of the most recent three (3) months for which data for all states are published before the

close of that week:

     (I) Equals or exceeds six and one-half percent (6.5%); and

     (II) Equals or exceeds one hundred ten percent (110%) of such average for any or all of the

corresponding three (3) month periods ending in the three (3) preceding calendar years.

     (D) Notwithstanding any provision of this subdivision, any week for which there would

otherwise be a state "on" indicator shall continue to be such a week and shall not be determined to

be a week for which there is a state "off" indicator.

     (v)(A) There is a state "off" indicator for this state for a week beginning after March 6,

1993 and prior to December 18, 2010, or beginning on or after January 1, 2012, if in the period

consisting of the week and the immediately preceding twelve (12) weeks, none of the options

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specified in subparagraphs (iii)(A), (B), and (C) of this subdivision result in an "on" indicator; or

     (B) There is a state "off" indicator for this state for a week beginning on or after December

18, 2010, and ending on or before December 31, 2011, if in the period consisting of the week and

the immediately preceding twelve (12) weeks, none of the options specified in subparagraphs

(iv)(A), (B), and (C) of this subdivision result in an "on" indicator.

     (3) "Extended benefits" means benefits, including benefits payable to federal civilian

employees and to ex-servicepersons pursuant to 5 U.S.C. § 8501 et seq., payable to an individual

under the provisions of this section for weeks of unemployment in his or her eligibility period.

     (4)(i) "Rate of insured unemployment," for purposes of paragraph (2)(iii) of this

subsection, means the percentage derived by dividing:

     (A) The average weekly number of individuals filing claims for regular benefits for weeks

of unemployment with respect to the most recent thirteen (13) consecutive week period, as

determined by the director on the basis of reports submitted to the Secretary of Labor, by

     (B) The average monthly covered employment for the first four (4) of the most recent six

(6) completed calendar quarters ending before the end of the thirteen (13) week period.

     (ii) Computations required by the provisions of this subdivision shall be made by the

director, in accordance with the regulations prescribed by the Secretary of Labor.

     (5) "Regular benefits" means benefits, including dependents' allowances, payable to an

individual under chapters 42 -- 44 of this title, or under any other state law, including benefits

payable to federal civilian employees and to ex-servicepersons pursuant to 5 U.S.C. § 8501 et seq.,

other than extended benefits.

     (6) "State" includes any state of the United States of America, the District of Columbia, the

Commonwealth of Puerto Rico and the Virgin Islands.

     (7) "State law" means the unemployment insurance law of any state, approved by the

Secretary of Labor under 26 U.S.C. § 3304.

     (8) "Suitable work" means, with respect to any individual, any work that is within that

individual's capabilities; provided, however:

     (i) That the gross average weekly remuneration payable for the work must exceed the sum

of the individual's weekly benefit amount as determined under subsection (g) of this section plus

the amount, if any, of supplemental unemployment benefits 26 U.S.C. § 50(C)(17)(D), as defined

in 26 U.S.C. § 501 (c)(17) (D), payable to that individual for that week, and

     (ii) That wages for such work are not less than the higher of:

     (A) The minimum wage provided by 29 U.S.C. § 206(a)(1) without regard to any

exemption, or

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     (B) The applicable state or local minimum wage.

     (b) Effect of state law provisions relating to regular benefits on claims for, and the payment

of extended benefits. Except when the result would be inconsistent with the other provisions of this

section and as otherwise provided in the employment security rules, the provisions of chapters 42

-- 44 of this title which apply to claims for, or the payment of, regular benefits shall apply to claims

for, and the payment of, extended benefits provided under this section.

     (c) Eligibility requirements for extended benefits. An individual shall be eligible to receive

extended benefits with respect to any week of unemployment in his or her eligibility period only if

the director finds that:

     (1) He or she has, prior to that week, exhausted all of his or her rights to regular benefits

provided under chapters 42 -- 44 of this title because either:

     (i) He or she has received all of those benefits that were available to him or her in his or

her current benefit year, or

     (ii) His or her benefit year has expired prior to that week, and he or she has insufficient

wages and/or insufficient weeks of employment on which to establish a new benefit year which

would include that week; and

     (2) With respect to that week of unemployment:

     (i) He or she has exhausted all his or her rights to regular benefits available to him or her

under any state law, including benefits payable to federal civilian employees and ex-servicepersons

under § 5 U.S.C. § 8501 et seq.;

     (ii) He or she has no rights to allowances or unemployment benefits under any other federal

law, such as the Railroad Unemployment Insurance Act [45 U.S.C. § 351 et seq.];

     (iii) He or she has not received unemployment benefits under the law of Canada; and

     (iv) He or she is not disqualified or ineligible for benefits under any provisions of chapters

42 -- 44 of this title, to the extent that those provisions, pursuant to paragraph (ii) of this subdivision

or the regulations adopted pursuant to that paragraph, are applicable to the claims for, and the

payment of, extended benefits provided under this section; provided, that for purposes of

subdivision (1) of this subsection, an individual shall be deemed to have exhausted his or her regular

benefit rights with respect to any week of unemployment when he or she may become entitled to

regular benefits with respect to that week, or future weeks, but those benefits are not payable at the

time he or she claims extended benefits because final action has not yet been taken on a pending

appeal with respect to regular benefits based on wages and/or employment which were not

considered in the prior determination of his or her benefits.

     (3) Notwithstanding the provisions of this subsection, an individual filing an initial claim

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for extended benefits effective March 7, 1993, or after shall not be eligible for extended

compensation for any week of unemployment, unless in the base period with respect to which the

individual exhausted all rights to regular benefits provided under chapters 42 -- 44 of this title, the

individual:

     (i) Had earnings in insured employment under chapters 42 -- 44 of this title which equaled

or exceeded forty (40) times the individual's weekly benefit amount, including dependent's

allowance, or

     (ii) Had been paid wages for insured employment under chapters 42 -- 44 of this title which

equaled or exceeded one and one-half (1 1/2) times the individual's insured wages in the calendar

quarter of the base period in which the individual's insured wages were the highest, or

     (iii) Had twenty (20) weeks of full-time work in insured employment under chapters 42 --

44 of this title.

     (d)(1) Suitable work and work search requirements for extended benefits. Notwithstanding

the provisions of subsection (b) of this section, an individual shall be ineligible for payment of

extended benefits for any week of unemployment beginning on or after April 1, 1981, if the director

finds that during that period:

     (i) He or she failed to accept an offer of suitable work as defined under subsection (a) of

this section or failed to apply for any suitable work to which he or she was referred by the director;

or

     (ii) He or she failed to actively engage in seeking work as prescribed under subdivision (3)

of this subsection;

     (2) Any individual who has been found ineligible for extended benefits by reason of the

provisions in subdivision (1) of this subsection shall also be denied benefits beginning the first day

of the week following the week in which that failure occurred and until he or she has been

employed, except in self-employment, in each of four (4) subsequent weeks, whether or not

consecutive, and has earned remuneration equal to not less than four (4) times the extended weekly

benefit amount. No individual shall be denied extended benefits for failure to accept an offer of or

to apply for any job which meets the definition of suitability as described in subsection (a) of this

section if:

     (i) The position was not offered to that individual in writing or was not listed with the

employment service;

     (ii) The failure would not result in a denial of benefits under the definition of suitable work

for regular benefit claimants in § 28-44-20 to the extent that the criteria of suitability in that section

are not inconsistent with the provisions of subsection (a) of this section; or

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     (iii) The individual furnishes satisfactory evidence to the director that his or her prospects

for obtaining work in his or her customary occupation within a reasonably short period are good.

If that evidence is deemed satisfactory for this purpose, the determination of whether any work is

suitable with respect to that individual shall be made in accordance with the definition of suitable

work for regular benefit claimants in § 28-44-20 without regard to the definition specified by

subsection (a) of this section.

     (3) For the purpose of paragraph (1)(ii) of this subsection, an individual shall be treated as

actively engaged in seeking work during any week if:

     (i) The individual has engaged in a systematic and sustained effort to obtain work during

that week;

     (ii) The individual furnishes tangible evidence that he or she has engaged in that effort

during that week; and

     (iii) The director shall give written notice of the minimum requirements necessary to satisfy

the requirements of this subsection prior to the individual's exhaustion of regular benefits provided

under chapters 42 -- 44 of this title.

     (4) Notwithstanding the provisions of subdivision (a)(8) of this section to the contrary, no

work shall be deemed to be suitable work for an individual which does not accord with the labor

standard provisions required by 26 U.S.C. § 3304(a)(5) and set forth under § 28-44-20(a) and (b).

     (e) Cessation of extended benefits when paid under interstate claim in a state where

extended benefit period is not in effect.

     (1) Except as provided in subdivision (2) of this subsection, an individual shall not be

eligible for extended benefits for any week beginning on or after June 1, 1981, if:

     (i) Extended benefits are payable for that week pursuant to an interstate claim filed in any

state under the interstate benefit payment plan; and

     (ii) No extended benefit period is in effect for that week in that state.

     (2) Subdivision (1) of this subsection shall not apply with respect to the first two (2) weeks

for which extended benefits are payable, determined without regard to this subsection, pursuant to

an interstate claim filed under the interstate benefit payment plan to the individual from the

extended benefit account established for the individual with respect to the benefit year.

     (f) Suitable work. The employment service shall refer any claimant entitled to extended

benefits under chapters 42 -- 44 of this title to any suitable work which meets the criteria prescribed

in subsection (a) of this section.

     (g) Weekly extended benefit amount. The weekly extended benefit amount payable to an

individual for a week of total unemployment in his or her eligibility period shall be an amount equal

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to the weekly benefit amount, including dependent's allowances, payable to him or her for a week

of total unemployment during his or her benefit year.

     (h) Maximum extended benefit amount.

     (1) The maximum extended benefit amount payable to any eligible individual with respect

to the applicable benefit year shall be the least of the following amounts, determined on the basis

of the specified regular benefit amounts which were payable, or paid, whichever is applicable, to

the individual in the benefit year:

     (i) Fifty percent (50%) of the maximum potential regular benefits, including dependents'

allowances, which were payable to the individual under chapters 42 -- 44 of this title in the benefit

year, or

     (ii) Thirteen (13) times the individual's weekly benefit amount, including dependents'

allowances, which was payable to the individual under chapters 42 -- 44 of this title for a week of

total unemployment in the benefit year.

     (2) Effective with respect to weeks beginning in a high unemployment period, the

maximum extended benefit amount payable to any eligible individual with respect to the applicable

benefit year shall be the least of the following amounts, determined on the basis of the specified

regular benefit amounts which were payable, or paid, whichever is applicable, to the individual in

the benefit year:

     (i)(A) Eighty percent (80%) of the maximum potential regular benefits, including

dependents' allowances, which were payable to the individual under chapters 42 -- 44 of this title

in the benefit year, or

     (B) Twenty (20) times the individual's weekly benefit amount, including dependents'

allowances, which was payable to the individual under chapters 42 -- 44 of this title in the benefit

year.

     (ii) For the purposes of this subdivision, the term "high unemployment period" means any

period during which an extended benefit period would be in effect if item (a)(1)(iii)(C)(I) or item

(a)(1)(iv)(C)(I) of this section were applied by substituting "eight percent" ("8%") for "6.5 percent"

("6.5%").

     (3) Notwithstanding any other provisions of this chapter, if the benefit year of any

individual ends within an extended benefit period, the remaining balance of extended benefits that

the individual would, but for this subsection, be entitled to receive in that extended benefit period,

with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced,

but not below zero (0), by the product of the number of weeks for which the individual received

any amounts as trade readjustment allowances within that benefit year, multiplied by the

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individual's weekly benefit amount for extended benefits.

     (i) Beginning and termination of extended benefit period. Whenever an extended benefit

period is to become effective in this state as a result of a state "on" indicator, or an extended benefit

period is to be terminated in this state as a result of a state "off " indicator, the director shall make

an appropriate public announcement.

     (j) If the Federal-State Extended Unemployment Compensation Act of 1970 (see 26 U.S.C.

§ 3304) is amended so as to authorize this state to pay benefits for an extended benefit period in a

manner other than that currently provided by this section, then, and in that case, all the terms and

conditions contained in the amended provisions of that federal law shall become a part of this

section to the extent necessary to authorize the payment of benefits to eligible individuals as

permitted under that amended provision.

     28-44-69. Work-sharing benefits.

     (a) Definitions. As used in this section, unless the context clearly requires otherwise:

     (1) "Affected unit" means a specified plant, department, shift, or other definable unit

consisting of two (2) or more employees to which an approved work-sharing plan applies.

     (2) "Eligible employee" means an individual who usually works for the employer

submitting a work-sharing plan.

     (3) "Eligible employer" means any employer who has had contributions credited to his or

her account and benefits have been chargeable to this account, or who has elected to reimburse the

fund in lieu of paying contributions, and who is not delinquent in the payment of contributions or

reimbursements as required by chapters 42 -- 44, inclusive of this title.

     (4) "Fringe benefits" include, but are not limited to, health insurance, retirement benefits,

paid vacation and holidays, sick leave, and similar advantages that are incidents of employment.

     (5) "Intermittent employment" means employment that is not continuous but may consist

of periodic intervals of weekly work and intervals of no weekly work.

     (6) "Seasonal employment" means employment with an employer who displays a twenty

percent (20%) difference between its highest level of employment and its lowest level of

employment each year for the three (3) previous calendar years as reported to the department of

labor and training, or as shown in the information that is available and satisfactory to the director.

     (7) "Temporary employment" means employment where an employee is expected to

remain in a position for only a limited period of time and/or is hired by a temporary agency to fill

a gap in an employer's workforce.

     (8) "Usual weekly hours of work" means the normal hours of work each week for an

employee in an affected unit when that unit is operating on a full-time basis, not to exceed forty

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(40) hours and not including overtime.

     (9) "Work-sharing benefits" means benefits payable to employees in an affected unit under

an approved work-sharing plan.

     (10) "Work-sharing employer" means an employer with an approved work-sharing plan in

effect.

     (11) "Work-sharing plan" means a plan submitted by an employer under which there is a

reduction in the number of hours worked by the employees in the affected unit in lieu of layoffs of

some of the employees.

     (b)(1) Criteria for approval of a work-sharing plan. An employer wishing to participate in

the work-sharing program shall submit a signed, written work-sharing plan to the director for

approval. The director shall approve a work-sharing plan only if the following requirements are

met:

     (i) The plan identifies the affected unit, or units, and specifies the effective date of the plan;

     (ii) The employees in the affected unit, or units, are identified by name; social security

number; the usual weekly hours of work; proposed wage and hour reduction; and any other

information that the director shall require;

     (iii) The plan certifies that the reduction in the usual weekly hours of work is in lieu of

layoffs that would have affected at least 10 percent (10%) of the employees in the affected unit, or

units, to which the plan applies and that would have resulted in an equivalent reduction in work

hours;

     (iv) The usual weekly hours of work for employees in the affected unit, or units, are reduced

by not less than 10 percent (10%) and not more than 50 percent (50%);

     (v) If the employer provides health benefits and/or retirement benefits under a defined-

benefit plan as defined in 26 U.S.C. § 414(j) of the Internal Revenue Code or contributions under

a defined-contribution plan as defined in 26 U.S.C. § 414(i) of the Internal Revenue Code to any

employee whose workweek is reduced under the program, the employer certifies that such benefits

will continue to be provided to employees participating in the work-sharing program under the

same terms and conditions as though the workweek of such employee had not been reduced or to

the same extent as other employees not participating in the work-sharing program;

     (vi) In the case of employees represented by a collective bargaining agent or union, the

plan is approved in writing by the collective bargaining agents or unions that cover the affected

employees. In the absence of any collective bargaining agent or union, the plan must contain a

certification by the employer that the proposed plan, or a summary of the plan, has been made

available to each employee in the affected unit;

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     (vii) The plan will not serve as a subsidy of seasonal employment during the off season,

nor as a subsidy for temporary or intermittent employment;

     (viii) The employer agrees to furnish reports relating to the proper conduct of the plan and

agrees to allow the director, or his or her authorized representatives, access to all records necessary

to verify the plan prior to approval and, after approval, to monitor and evaluate application of the

plan;

     (ix) The employer describes the manner in which the requirements of this section will be

implemented (including a plan for giving notice, where feasible, to an employee whose workweek

is to be reduced) together with an estimate of the number of layoffs that would have occurred absent

the ability to participate in the work-sharing program and such other information as the director of

the department of labor and training determines is appropriate;

     (x) The employer attests that the terms of the employer's written plan and implementation

are consistent with the employer's obligations under applicable federal and state laws; and

     (xi) In addition to the matters previously specified in this section, the director shall take

into account any other factors that may be pertinent to proper implementation of the plan.

     (c) Approval or rejection of the plan. The director shall approve or reject a plan in writing.

The reasons for rejection shall be final and not subject to appeal. The employer shall be allowed to

submit another plan for consideration and that determination will be made based upon the new data

submitted by the interested employer.

     (d) Effective date and duration of the plan. A work-sharing plan shall be effective on the

date that is mutually agreed upon by the employer and the director, which shall be specified in the

notice of approval sent to the employer. It shall expire at the end of the twelfth, full-calendar month

after its effective date, or on the date specified in the plan if that date is earlier; provided that the

plan is not previously revoked by the director. If a plan is revoked by the director, it shall terminate

on the date specified in the director's written order of revocation.

     (e) Revocation of approval. The director may revoke approval of a work-sharing plan for

good cause. The revocation order shall be in writing and shall specify the date the revocation is

effective and the reasons for it. The revocation order shall be final and not subject to appeal.

     (1) Good cause shall include, but not be limited to: (i) Failure to comply with assurances

given in the plan; (ii) Unreasonable revision of productivity standards for the affected unit; (iii)

Conduct or occurrences tending to defeat the intent and effective operation of the plan; and (iv)

Violation of any criteria on which approval of the plan was based.

     (2) The action may be taken at any time by the director on his or her own motion; on the

motion of any of the affected unit's employees; or on the motion of the collective bargaining agent

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or agents. The director shall review the operation of each qualified employer plan at least once

during the period the plan is in effect to assure its compliance with the work-sharing requirements.

     (f) Modification of the plan. An operational approved, work-sharing plan may be modified

by the employer with the consent of the collective bargaining agent or agents, if any, if the

modification is not substantial and is in conformity with the plan approved by the director, provided

the modifications are reported promptly to the director by the employer. If the hours of work are

increased or decreased substantially beyond the level in the original plan, or any other conditions

are changed substantially, the director shall approve or disapprove the modifications without

changing the expiration date of the original plan. If the substantial modifications do not meet the

requirements for approval, the director shall disallow that portion of the plan in writing. The

decision of the director shall be final and not subject to appeal.

     (g) Eligibility for work-sharing benefits. An individual is eligible to receive work-sharing

benefits, subsequent to serving a waiting period as prescribed by the director, with respect to any

week only if, in addition to meeting other conditions of eligibility for regular benefits under this

title that are not inconsistent with this section, the director finds that:

     (1) During the week, the individual is employed as a member of an affected unit under an

approved work-sharing plan that was approved prior to that week, and the plan is in effect with

respect to the week for which work-sharing benefits are claimed.

     (2) The individual is able to work and is available for the normal work week with the work-

sharing employer.

     (3) Notwithstanding any other provisions of this chapter to the contrary, an individual is

deemed unemployed in any week for which remuneration is payable to him or her as an employee

in an affected unit for less than his or her normal weekly hours of work as specified under the

approved work-sharing plan in effect for the week.

     (4) Notwithstanding any other provisions of this title to the contrary, an individual shall

not be denied work-sharing benefits for any week by reason of the application of provisions relating

to the availability for work and active search for work with an employer other than the work-sharing

employer.

     (5) Notwithstanding any other provisions of this title to the contrary, eligible employees

may participate, as appropriate, in training (including employer-sponsored training or worker

training funded under the Workforce Investment Act of 1998 United States Public Law 113-128,

the Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. 3101 et seq.) to enhance

job skills if such program has been approved by the state agency.

     (h)(1) Work-sharing benefits. The work-sharing weekly benefit amount shall be the

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product of the regular, weekly benefit rate, including any dependents' allowances, multiplied by the

percentage reduction in the individual's usual weekly hours of work as specified in the approved

plan. If the work-sharing, weekly benefit amount is not an exact multiple of one dollar ($1.00), then

the weekly benefit amount shall be rounded down to the next, lower multiple of one dollar ($1.00).

     (2) An individual may be eligible for work-sharing benefits or regular unemployment

compensation, as appropriate, except that no individual shall be eligible for combined benefits in

any benefit year in an amount more than the maximum entitlement established for unemployment

compensation, nor shall an individual be paid work-sharing benefits for more than fifty-two (52)

weeks, whether or not consecutive, in any benefit year pursuant to an approved work-sharing plan.

     (3) The work-sharing benefits paid shall be deducted from the maximum-entitlement

amount established for that individual's benefit year.

     (4) If an employer approves time off and the worker has performed some work during the

week, the individual is eligible for work-sharing benefits based on the combined work and paid

leave hours for that week. If the employer does not grant time off, the question of availability must

be investigated.

     (5) If an employee was sick and consequently did not work all the hours offered by the

work-sharing employer in a given week, the employee will be denied work-sharing benefits for that

week.

     (6) Claims for work-sharing benefits shall be filed in the same manner as claims for

unemployment compensation or as prescribed in regulations by the director.

     (7) Provisions applicable to unemployment compensation claimants shall apply to work-

sharing claimants to the extent that they are not inconsistent with the established work-sharing

provisions. An individual who files an initial claim for work-sharing benefits shall be provided, if

eligible for benefits, a monetary determination of entitlement to work-sharing benefits and shall

serve a waiting week.

     (8) If an individual works in the same week for an employer other than the work-sharing

employer, the individual's work-sharing benefits shall be computed in the same manner as if the

individual worked solely with the work-sharing employer. If the individual is not able to work, or

is not available for the normal work week with the work-sharing employer, then no work-sharing

benefits shall be payable to that individual for that week.

     (9) An individual who performs no services during a week for the work-sharing employer

and is otherwise eligible shall be paid the full, weekly unemployment compensation amount. That

week shall not be counted as a week with respect to which work-sharing benefits were received.

     (10) An individual who does not work for the work-sharing employer during a week, but

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works for another employer and is otherwise eligible, shall be paid benefits for that week under the

partial unemployment compensation provisions of this chapter. That week shall not be counted as

a week with respect to which work-sharing benefits were received.

     (11) Nothing in the section shall preclude an otherwise eligible individual from receiving

total or partial unemployment benefits when the individual's work-sharing benefits have been

exhausted.

     (i) Benefit charges. Work-sharing benefits shall be charged to employer accounts in the

same manner as regular benefits in accordance with the provisions of §§ 28-43-3 and 28-43-29.

Notwithstanding the above, any work-sharing benefits paid on or after July 1, 2013, that are eligible

for federal reimbursement, shall not be chargeable to employer accounts and employers liable for

payments in lieu of contributions shall not be responsible for reimbursing the employment security

fund for any benefits paid to their employees on or after July 1, 2013, that are reimbursed by the

federal government.