Chapter 394
2021 -- H 5855
Enacted 07/13/2021

A N   A C T
RELATING TO LABOR AND LABOR RELATIONS -- THE RHODE ISLAND WHISTLE BLOWERS' PROTECTION ACT

Introduced By: Representatives Morales, Alzate, Kazarian, Ranglin-Vassell, Felix, Batista, Lombardi, and Potter

Date Introduced: February 24, 2021

It is enacted by the General Assembly as follows:
     SECTION 1. Sections 28-50-2, 28-50-3, 28-50-4 and 28-50-8 of the General Laws in
Chapter 28-50 entitled "The Rhode Island Whistleblowers' Protection Act" are hereby amended to
read as follows:
     28-50-2. Definitions.
     As used in this chapter:
     (1) "Employee" means a person employed by any employer, and shall include, but not be
limited to,: at-will employees, contract employees, applicants, prospective employees, and
independent contractors.
     (2) "Employer" means any person, partnership, association, sole proprietorship,
corporation or other business entity, including any department, agency, commission, committee,
board, council, bureau, or authority or any subdivision thereof in state or municipal government.
One shall employ another if services are performed for wages or under any contract of hire, written
or oral, express or implied.
     (3) "Person" means an individual, sole proprietorship, partnership, corporation,
association, or any other legal entity.
     (4) "Public body" means all of the following:
     (i) A state officer, employee, agency, department, division, bureau, board, commission,
council, authority, or other body in the executive branch of state government.;
     (ii) An agency, board, commission, council, member, or employee of the legislative branch
of state government.;
     (iii) A county, city, town, or regional governing body, a council, school district, or a board,
department, commission, agency, or any member or employee of the entity.;
     (iv) Any other body which that is created by state or local authority or which that is
primarily funded by or through state or local authority, or any member or employee of that body.;
     (v) A law enforcement agency or any member or employee of a law enforcement agency.;
     (vi) The judiciary and any member or employee of the judiciary.;
     (vii) Any federal agency.
     (5) "Supervisor" means any individual to whom an employer has given the authority to
direct and control the work performance of the affected employee or any individual who has the
authority to take corrective action regarding the violation of a law, rule, or regulation about which
the employee complains.
     28-50-3. Protection.
     An employer shall not discharge, threaten, or otherwise discriminate against an employee
regarding the employee's compensation, terms, conditions, location, or privileges of employment
nor shall an employer report or threaten to report an employee's immigration status to Immigration
and Customs Enforcement (ICE) or any other immigration agency or law enforcement agency
including local and state police:
     (1) Because the employee, or a person acting on behalf of the employee, reports or is about
to report to a public body, verbally or in writing, a violation which that the employee knows or
reasonably believes has occurred or is about to occur, of a law or regulation or rule promulgated
under the law of this state, a political subdivision of this state, or the United States, unless the
employee knows or has reason to know that the report is false,; or
     (2) Because an employee is requested by a public body to participate in an investigation,
hearing, or inquiry held by that public body, or a court action,; or
     (3) Because an employee refuses to violate or assist in violating federal, state, or local law,
rule, or regulation,; or
     (4) Because the employee reports verbally or in writing to the employer or to the
employee's supervisor a violation, which the employee knows or reasonably believes has occurred
or is about to occur, of a law or regulation or rule promulgated under the laws of this state, a political
subdivision of this state, or the United States, unless the employee knows or has reason to know
that the report is false. Provided, that if the report is verbally made, the employee must establish by
clear and convincing evidence that the report was made.
     28-50-4. Relief and damages.
     (a) A person who alleges a violation of this act may bring a civil action for appropriate
injunctive relief, or actual treble damages, or both within three (3) years after the occurrence of the
alleged violation of this chapter.
     (b) An action commenced pursuant to subsection (a) of this section may be brought in the
superior court for the county where the alleged violation occurred, the county where the
complainant resides, or the county where the person against whom the civil complaint is filed
resides or has their principal place of business.
     (c) As used in subsection (a) of this section, "damages" means damages for injury or loss
caused by each violation of this chapter.
     (d) [Deleted by P.L. 2012, ch. 306, § 5 and P.L. 2012, ch. 344, § 5.]
     28-50-8. Notices posted.
     An employer shall post notices and use other appropriate means to keep his or her
employees informed of their protections and obligations under this chapter, including posting in
prominent locations in all languages known to be spoken by employees.
     SECTION 2. This act shall take effect upon passage.
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